20050310 Ver 2_401 Application_20200616

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
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
20050310
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:
Sierra Heights Subdivision Phase 5
1a. Who is the Primary Contact?*
Wyatt Brown
1b. Primary Contact Email:*
[e-mail]
Date Submitted
6/16/2020
Nearest Body of Water
Uf to Neuse River
Basin
Neuse
Water Classification
WS-N; NSW
Site Coordinates
Latitude:
35.617035
A. Processing Information
County (or Counties) where the project is located:
Johnston
Is this a NCDMS Project
r Yes r No
Longitude:
-78.375841
Is this project a public transportation project?*
r Yes r No
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)
Version#*
2
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Stephanie Goss:eads\szgoss
1c. Primary Contact Phone:*
[phone]
U
1b. What type(s) of permit(s) do you wish to seek authorization?

W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
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
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F- 401 Water Quality Certification - Express
F- 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:
Southeast Development of INC, LLC
2b. Deed book and page no.:
Book 03266 Page 0986
2c. Responsible party:
Julian Stewart
2d.Address
Street Address
PO Box 369
Address Line 2
city
Clayton
Postal / Zip Code
27528
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
State / Rwince / Ifgion
NC
Country
USA
2f. Fax Number:
r Yes r No
r Yes r No
4. Agent/Consultant (if applicable)

4a. Name:
Wyatt Brown
4b. Business Name:
Brown's Environmental Group, Inc.
4c.Address
Street Address
242 Batten Farm Rd
Address Line 2
City
Selma
Postal / Zip Code
27576
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
Sierra Heights Agent Letter.pdf
State / Province / Flegion
NC
Country
USA
4e. Fax Number:
878.03KB
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Clayton
2 Pro Project Identification
2a. Property Identification Number:
168800-50-5150
2c. Project Address
Street Address
Badger Pass Drive
Address tine 2
city
Clayton
Postal / Zip Code
27527
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
UT to Neuse River
3b. Water Resources Classification of nearest receiving water:*
WS-N; NSW
3c. What river basin(s) is your project located iri
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
03020201 1104
4. Project Description and History
2b. Property size:
43.01
State / Province / Region
NC
Country
USA
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:*
This project is Phase 5 of the epsting Sierra Heights Subdivision in Clayton, NC. For development purposes, the reviewarea is a smaller area (36.87 acres of 43.01 acres total) which
lies entirely within the existing property line. Outer portions of the property, outside the reviewarea, are established as open areas of the subdivision, and are not included in this project
review area.
Review area is currently and entirely forested woodlands.
There are two small connected intermittent streams situated on the northern portion of the review area. Wetlands were found in small areas along the stream channels.
General land use in the area is a mix of undeveloped, agricultural use and single-family residential subdivisions.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r 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)

3 USGS.pdf
1.18MB
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)
5 NRCS.pdf 1.59MB
4f. List the total estimated acreage of all existing wetlands on the property:
0.31 acres
4g. List the total estimated linear feet of all existing streams on the property:
700 LF
4h. Explain the purpose of the proposed project,*
To construct a sewer and electric utility maintenance corridor, required for the extension of sewer and electrical services at the Sierra Heights subdivision on Vinson Road in Clayton,
NC. This project will provide for the construction of an additional 64 single-family residential lots (Phase 5) of the existing subdivision.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The Sierra Heights subdivision is a 285-lot single-family residential subdivision on Vinson Road in Clayton NC. Phases 1 thru 4 of the subdivision have been completed or are currently
under construction. This submittal is specific for Phase 5 only.
Phase 5 requires the extension of the existing sewer and electric services and will result in the creation of a 25-ft wide permanent maintenance corridor. The maintenance corridor will
cross through a potentially jurisdictional wetland and intermittent stream.
The sewer line will be constructed as an aerial crossing of the stream, with no permanent impact to the stream or wetland. The electric line will be constructed subsurface via open
trench and will result in temporary impact to approximately 10-linear feet of intermittent stream. Following completion of the electric line installation, the stream channel will be restored to
pre -construction contours.
The maintenance corridor required for the sewer line will result in the permanent removal of forest vegetation within the corridor, resulting in the conversion of headwater forested
wetland to an herbaceous corridor, which will be permanently mowed and maintained. Following clearing of the forested vegetation, the wetland area will be restored to preconstruction
contours and reseeded with a wetland seed mix
Work will be conducted under an Erosion & Sediment Control plan, will be reviewed, approved, and inspected by Johnston County Public Utilities Department. Construction of the utilities
will be completed using typical utility construction materials and equipment.
4j. Please upload project drawings for the proposed project.
Sierra Heights Overall Subdivision w Ph 5 and impact details.pdf 3.94MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
Comments:
r No
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:
N/A
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Martin Richmond
Agency/Consultant Company: Lakenheath, Inc.
Other:
5d1. Jurisdictional determination upload
O Unknown
6. Future Project Plans
6a. Is this a phased project?*
r Yes 6 No
7b. If yes, explain.
This project is Phase 5 of the Sierra Heights subdivision. This is the final planned phase.
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?
None.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries
r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts

2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition*(?) area*
Utility Crossing P ffom
land Hardwood Forest Wetland C Yes Both 0.020
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.020
2g. Total Wetland Impact
0.020
2h. Comments:
Impacts are result of permanent conversion from forested wetland to herbaceous wetland within utility maintenance corridor.
3. Stream Impacts
F
3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type * �[3f. Typeof3g. S. width * 3h. Impact
(?) urisdiction* length*
fl
Utility Crossing Temporary Other Stream 1 Intermittent Both ]�;;I;;]
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
0 10
31. Total stream and ditch impacts:
10
3j. 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:
Prior to site design, the applicant requested a delineation of wetlands, streams, and riparian buffers, to avoid impacts where practicable.
Impacts were avoided throughout development Phases 1 through 4 of the subdivision.
The proposed utilities will provide electric and sewer services to approximately 17 individual lots within Phase 5. These lots are situated in uplands on
the west side of the stream.
Due to overall site topography, the gravity sewer service for the lots must access the cul-de-sac from the northernmost point, which can only be
accessed by crossing the stream and wetland area.
The electric utility has been included within the same easement to provide convenience and cost savings. The inclusion of the electric utility does not
affect or change permitting requirements.
The utility is designed to cross the stream and wetland at a perpendicular angle, reducing the overall footprint of the impact.
The easement has been minimized to a 25-ftwidth, standard necessary to provide the required access as needed for maintenance.
Construction impacts are temporary and be restored post -construction, resulting in no net loss of stream footage or wetland acreage.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Site work will be conducted under Erosion & Sediment Control Plan, reviewed and approved by Johnston County Public Utilities. Wetlands, streams
and buffers Will be marked. Access to the work area will be from high ground, and construction mats will be used if necessary. When possible, work will
be conducted during dry periods to avoid heavy flow events.
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?
(' Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Permanent conversion impacts are 0.02 acres, less than 0.10 acre threshold for mitigation requirements.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. 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
What type of SCM are you providing?
u
I

r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
r Other SCM that removes minimum 30 % nitrogen
W Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
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 15ANCAC 02H .1003(2)?
r Yes r No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. 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 2H .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
3. 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.
Phase 5 is the final phase of development of the Sierra Heights subdivision, with no additional development planned in the future.
Individual residential lots which may include potential streams or wetlands will include an informative insert on the lot survey noting the possible
presence of streams or wetlands potentially under jurisdiction of the US Army Corps of Engineers (USAGE), and any proposed disturbance, fill, or
alteration may require authorization through USAGE and/or the North Carolina Division of Water Resources.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor WA
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
5d. Is another Federal agency involved?*
r Yes r No r Unknown
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
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?

A USFWS IPaC Resource List Report for the project was reviewed (attached with this submittal). The report identified five (5) species for
consideration: Red -cockaded woodpecker, Neuse River waterdog, Carolina madtom, Atlantic pigtoe, and the Dwarf wedgemussel. A copy of the IPaC
report is included with this submittal.
During the site survey, no habitat was identified for any of the IPaC-listed species, as noted:
Red -cockaded woodpecker typically requires a habitat of mature pines, primarily devoid of other tree species, with grassy understory to provide
foraging habitat. The wooded areas within the project consisted of mixed pine/hardwood forest, typically with understory of privet, holly and ironwood,
and did not exhibit these conditions.
The Neuse River waterdog, Carolina madtom, Atlantic pigtoe and Dwarf wedgemussel are aquatic species typically requiring large, perennial stream
habitats, usually defined with moderate, well -oxygenated flow and strongly differentiated substrate. Stream 01 is a narrow, low flow, intermittent
headwater stream with little substrate, and did not exhibit the required conditions for the listed species.
Two other aquatic species are included on the USFWS listing of Endangered and Threatened Species, Federal Species of Concern, and Candidate
Species for Johnston County, NC, dated 6/27/2018: the Tar River spinymussel, and Yellow lance. The previously described stream conditions noted in
Stream 01 do not provide adequate habitat these species. A copy of the USFWS listing of Endangered and Threatened Species, Federal Species of
Concern, and Candidate Species for Johnston County, NC is included with this submittal.
Also included on the USFWS listing of Endangered and Threatened Species, Federal Species of Concern, and Candidate Species for Johnston
County, NC, dated 6/27/2018 is the plant species Michawes sumac. This plant is a flowering plant, shade intolerant, and typically found in open areas
along existing woodlines, utility corridors, and other maintained areas. During the site evaluation, a visual observation was made of the woodline areas
of the site. This area has been timbered in the past and has been maintained as part of the subdivision development. Within the maintained areas, the
frequency of mowing and cultivating does not allowfor establishment of Michau:ts sumac. The wooded areas, including the edge of treeline, exhibited
heavy overgrowth, and is not considered habitat for shade intolerant species.
Consultation Documentation Upload
IPaC Report.pdf 4.96MB
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?*
There are no EFH in Johnston County.
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?*
On June 1, 2020 a reviewwas made of the NCSHPO web mapping application to determine the possible presence of historic properties. No historic
sites were identified on or adjacent to the project site, or within 2,500 ft of the property.
7c. Historic or Prehistoric Information Upload
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?*
Johnston County GIS Services
Miscellaneous
Comments
A copy of the Johnston County NC Buffer Authorization is attached with this submittal.
Miscellaneous attachments not previously requested.
Approval Buffer Impacts - Sierra Ph 5.pdf
565.15KB
Signature u
F7 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

Date
6/16/2020

6/1/20
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mr. Chris Hopper
Re: Sierra Heights, Johnston 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 (Parcel ID 17J06010) 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, or their subcontractors, has my permission
to act as my agent on this property concerning wetlands and streams.
W[r .Julian Stewart, President, South East Development of NC, LLC

Figure Powhatan and Selma QuadranglesUSGS Topographic Map3Vinson Road, Clayton NCJohnston CountySierra Heights Ph 5Review Area
Legend
Review Area
Legend
5/28/2020
By: MRR
Scale:
1:4.000
Figure
5 Soil Survey of Johnston County, 1994Map Sheets 6 and 7NRCS Soil Survey MapVinson Road, Clayton NCJohnston CountySierra Heights Ph 5Review Area
Legend
Review Area
Legend
5/28/2020
By: MRR
Scale:
1:4.000
6/2/2020 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.
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. E
Location
Johnston County, North Carolina
Local office
Raleigh Ecological Services Field Office
t. [phone]
1B [phone]
MAILING ADDRESS
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
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6/2/2020
Raleigh, NC 27606-1487
IPaC: Explore Location
•
https://ecos.fws.gov/ipac/location/ARGFVXB3HRHWXH0MCAIECZDX4Y/resources 2/10

6/2/2020 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.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary
information whether any species which is listed or proposed to be listed may be present in the area
of such proposed action" for any project that is conducted, permitted, funded, or licensed by any
Federal agency. A letter from the local office and a species list which fulfills this requirement can
only be obtained by requesting an official species list from either the Regulatory Review section in
IPaC (see directions below) or from the local field office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC website
and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT. _
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed 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.
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:
Birds
NAME STATUS
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6/2/2020
IPaC: Explore Location
Red -cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
httpL//ecos.fws.gov/ecp/species/7614
Amphibians
NAME
Neuse River Waterdog Necturus lewisi
There is proposed critical habitat for this species. Your location is
outside the critical habitat.
httpL//ecos.fws.gov/ecp/species/6772
Fishes
NAME
Carolina Madtom Noturus furiosus
There is proposed critical habitat for this species. Your location is
outside the critical habitat.
https://ecos.fws.gov/ecp/species/528
Endangered
STATUS
Proposed Threatened
STATUS
Proposed Endangered
s
I'llllllk 0 Vk* "Ill
Clams 1� 1 0
NAME STATUS
Atlantic Pigtoe Fusconaia masoni eft 0 Proposed Threatened
There is proposed critical habitat for this species. Your location is
outside the critical habitat.
https://ecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon Endangered
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/784
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered
species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Acts.
https://ecos.fws.gov/ipac/location/ARGFVXB3HRHWXH0MCAIECZDX4Y/resources 4/10

6/2/2020
IPaC: Explore Location
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/management/project-assessment-tools-and-guidance/
conservation-measures. php
• Nationwide conservation measures for birds
http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf
The birds listed below are birds of particular concern either because they occur on the USFWS Birds
of Conservation Concern (BCC) list or warrant special attention in your project location. To learn
more about the levels of concern for birds on your list and how this list is generated, see the FAQ
below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on
this list will be found in your project area. To see exact locations of where birders and the general
public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip:
enter your location, desired date range and a species on your list). For projects that occur off the
Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird
species on your list are available. Links to additional information about Atlantic Coast birds, and
other important information about your migratory bird list, including how to properly interpret and
use your migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization measures to
reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at
the top of your list to see when these birds are most likely to be present and breeding in your
project area.
NAME
BREEDING SEASON (IFA
..............................................................................
BREEDING SEASON IS INDICATED
............................................................................................................
FOR A BIRD ON YOUR LIST, THE
_.....................................................................................................
BIRD MAY BREED IN YOUR
_....................................................................................
PROJECT AREA SOMETIME WITHIN
_.............................................................................................................
THE TIMEFRAME SPECIFIED,
..........................................................................................
WHICH IS A VERY LIBERAL
..................................................................................
ESTIMATE OF THE DATES INSIDE
_.......................................................................................................
WHICH THE BIRD BREEDS
..................................................................................
ACROSS ITS ENTIRE RANGE.
........................................................................................
"BREEDS ELSEWHERE" INDICATES
.............................................................................................................
THAT THE BIRD DOES NOT LIKELY
............................................................................................................
BREED IN YOUR PROJECT AREA.)
........................................................................................................
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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.
Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ
"Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to
interpret this report.
Probability of Presence ( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week months.)
A taller bar indicates a higher probability of species presence. The survey effort (see below) can be
used to establish a level of confidence in the presence score. One can have higher confidence in the
presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in the
week where the species was detected divided by the total number of survey events for that
week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was
found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of presence
is calculated. This is the probability of presence divided by the maximum probability of presence
across all weeks. For example, imagine the probability of presence in week 20 for the Spotted
Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any
week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is
0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of
presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its
entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The 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 I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Red-headed — . ME-- - - --
Woodpecker
BCC Rangewide
(CON) (This is a Bird
of Conservation
......................................
Concern (BCC)
throughout its range
..................................................
in the continental
..........................................
USA and Alaska.)
Wood Thrush _ i , , BCC Rangewide -- HL
1
(CON) (This is a Bird
--- �—
................................................
of Conservation
......................... .......
Concern(BCC)
...................................
throughout its range
.............
in the continental
.USA ..a...n...d .Al.as"
.k.a.....)...
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at
any location year round. Implementation of these measures is particularly important when birds are most likely to
occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and
avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to
occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or
permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or
bird species present on your project site.
Llli�b._
What does IPaC use to generate the migratory birds potentially occurring in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC), and other species
that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network
(AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is
queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project
intersects, and that have been identified as warranting special attention because they are a BCC species in that
area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore
activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not
representative of all birds that may occur in your project area. To get a list of all birds potentially present in your
project area, please visit the AKN Phenology Tool.
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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?r►
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range
anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the
continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of
the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from
certain types of development or activities (e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to
avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For
more information on conservation measures you can implement to help avoid and minimize migratory bird
impacts and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and groups of
bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal
also offers data and information about other taxa besides birds that may be helpful to you in your project review.
Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS
Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the year,
including migration. Models relying on survey data may not include this information. For additional information on
marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam
Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the
Eagle Act should such impacts occur.
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6/2/2020 IPaC: Explore Location
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.
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.
THERE ARE NO KNOWN WETLANDS AT THIS LOCATION.
Data limitations
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The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of high
altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error
is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in
revision of the wetland boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts,
the amount and quality of the collateral data and the amount of ground truth verification work conducted.
Metadata should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and
the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged 4t\64
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. E
Data precautions 04
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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