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Home My WebLink About20201533 Ver 1_USFWSConcurrenceRequestDraft_Reduced_20201120BURNS �MEDONNELL August 26, 2020 Pete Benjamin U.S. Fish & Wildlife Service Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Submitted via Email at pete beniamin(afws.gov Subject: Request for Concurrence — USFWS Consultation Code: 04EN1000-2020-SLI-0603 PIEDMONT NATURAL GAS Rocky River Horizontal Direction Drill (HDD) Project, Cabarrus and Stanly Counties, NC Dear Mr. Benjamin Burns & McDonnell Consultants, Inc. (Burns & McDonnell) was retained by Piedmont Natural Gas Company (PNG), a subsidiary of Duke Energy, to provide environmental permitting support for the proposed Rocky River Horizontal Directional Drill (HDD) (Project) located in Cabarrus and Stanly Counties, North Carolina (NC). PNG proposes to install approximately 1,500 linear feet of new 30-inch natural gas pipeline in Cabarrus County, NC via the HDD method. The eastern terminus of the Project is approximately 0.5 miles west of Pine Bluff Road in Stanly County, NC proceeding 1,500 feet west and tying into the existing PNG pipeline west of the Rocky River. The proposed pipeline crosses underneath the Rocky River and under two land use types consisting primarily of mixed hardwood forest and agricultural fields. The habitat assessment was conducted along the proposed pipeline route within the proposed limits of disturbance and workspaces survey corridor (Survey Area). The Survey Area figures are provided in Appendix A. The purpose of the Project will be to replace a portion of pipeline underneath the Rocky River that was identified with corrosion during a recent in -line inspection. The target date for construction to begin is January 2021. This letter represents PNG's informal consultation with the U.S. Fish and Wildlife (USFWS) Section 7(c) of the Endangered Species Act (ESA) of 1973, The Migratory Bird Treaty Act (MBTA) of 1918, as amended (16 U.S.C. 703 et seq.), and the Bald and Golden Eagle Protection Act (BGEPA) of 1940, as amended (16t U.S.C. 688-688d). PNG is providing the following information below for the USFWS review. METHODS This letter was prepared in response to the USFWS Information for Planning and Consultation (IPaC) result letter (Appendix B) sent to PNG on May 15, 2020, including special status species that may occur within the Survey Area (Consultation Code: 04EN1000-2020-SLI-0603, Event 3650 Mansell Road \ Suite 300 \ Alpharetta, GA 30022 burnsmcd.com BURNS �MEDONNELL Mr. Pete Benjamin U.S. Fish & Wildlife Service August 26, 2020 Page 2 Code: 04EN1000-2020-E-01409). In response to USFWS's initial feedback, PNG assessed whether the Project had potential to affect ESA species (i.e., ESA listed, proposed and candidate species), bald eagles (Haliaeetus leucocephalus), golden eagles (Aquila chrysaetos), and migratory birds (including raptor species), and associated habitat within the Survey Area. Protected Species Desktop Review The IPaC from the USFWS, provided in Appendix B, states the Project area is not within proposed or designated critical habitat and that three ESA species, not including migratory birds, have the potential to occur in the Project area: • Northern Long-eared Bat (*otis septentrionalis) - Threatened • Carolina Heelsplitter (Lasmigona decorates) - Endangered • Schweinitz's Sunflower (Helianthus schweinitzii) - Endangered Additionally, a desktop review was performed using aerial imagery, USFWS National Wetlands Inventory (NWI) data, U.S. Department of Agriculture Natural Resources Conservation Service (MRCS) 2017 Web Soil Survey for Johnston County, NC, and United States Geological Survey (USGS) National Hydrography Dataset (NHD) data. Protected Species Findings for the Proposed Survey Area In April and June 2020, Burns & McDonnell biologists completed a pedestrian survey of the Project Survey Area to evaluate the potential for federally protected species habitat to occur within the Project area. Protected species with potential to occur in Project Area according the USFWS IPaC report are listed in Table 1. Table 1: Protected Species with Potential to Occur in the Project Area Species Name Federal Status Preferred Habitat Impact Mammals Summer roosts occur in tree cavities and under exfoliating bark, but this species has also Habitat present in Survey Northern Long-eared Bat Threatened been found in buildings and Area - Not Likely to Adversely behind shutters. During the Affect winter, northern long-eared bats hibernate in tight BURNS �MEDONNELL Mr. Pete Benjamin U.S. Fish & Wildlife Service August 26, 2020 Page 3 crevices in caves and mines. Foraging is done primarily on forested hillsides and ridges Flowering Plants Shallow, poor, clayey and/or rocky soils along unforested Schweinitz's Sunflower roadsides, electric -line Habitat Present in Survey (Helionthus schweinitzii) Endangered corridors and other Area— Not Likely to Adversely permanently maintained Affect openings. Clams Carolina Heelsplitterl Project will avoid Rocky River (Lasmigona decorata) Endangered May occur in Rocky River — Not Likely to Adversely Affect 1/ Proposed critical habitat exists; however, the Project is outside proposed critical habitat. ANALYSIS BY SPECIES This habitat assessment includes species under the jurisdiction of the USFWS and protected by the ESA (16 U.S.C. 1531 et seq.). The USFWS IPaC was used to identify federally protected species within potential to occur in the Project area (https:Hecos.fws.gov/ipac/). The northern long-eared bat (federally threatened), Schweinitz's Sunflower (federally endangered) and the Carolina heelsplitter (federally endangered) were identified by IPaC as species protected by the ESA. No designated critical habitat for these federally protected species is located within the Project area. Additionally, the bald eagle (Haliaeetus leucocephalus), which is federally protected by the Bald and Golden Eagle Protection Act (BGEPA) (16 U.S.C. 668), was evaluated. If impacts to migratory bird species are anticipated, it is recommended that construction be restricted during NC's migratory bird nesting season (April 15 — September 15). No nests were observed during the April and July 2019 or May 2020 environmental field surveys. Northern Long-eared Bat Summer roosts for NLEB typically occur in tree cavities and under exfoliating bark, but this species has also been found in buildings and behind shutters. During the winter, NLEB hibernate in tight crevices in caves and mines. Foraging is done primarily on forested hillsides and ridges. Potentially suitable roosting habitat for the northern long-eared bat was observed within forested BURNS �MEDONNELL Mr. Pete Benjamin U.S. Fish & Wildlife Service August 26, 2020 Page 4 areas, and suitable foraging habitat was observed within the Rocky River corridor. A forested area of approximately one acre may be cleared during construction to temporarily accommodate the HDD entry point drill pad in addition to approximately 0.75 acre of forest area cleared for a permanent easment. Construction is proposed to occur during winter months. Impacts to northern long-eared bat as a result of minor tree clearing during winter months are not anticipated. Schweinitz's Sunflower Schweinitz's suflower typically inhabits shallow, poor, clayey and/or rocky soils along unforested roadsides, electric -line corridors and other permanently maintained openings. The existing PNG right -of way within the Survey Area meets the maintained opening habitat requirement, however, the right-of-way is partially within a floodplain and between agricultural areas with richer, deeper soils. No Schweinitz's sunflower were observed during field investigations. Additionally, impacts to the existing right-of-way will primarily be avoided as the pipeline will be installed via HDD. Therefore, adverse effects to Schweinitz's sunflower are not anticipated. Carolina Heelsplitter The federally protected Carolina heelsplitter inhabits creeks and river areas with cool, clean, and well -oxygenated water and has potential to occur in the Rocky River. The Project has been designed to avoid impacts to the Rocky River. As with all stream or wetland crossings, PNG will implement industry approved best management practices during construction to prevent sediment from traveling downstream from the construction crossing. Based on this assessment, the Project is not anticipated to result in adverse effects on Carolina heelsplitter. Bald Eagle The BGEPA prohibits take of bald eagles. Bald eagles are year-round residents in Johnston County, NC. The Survey Area includes the Rocky River that could be used by nesting eagles. However, no bald eagle or bald eagle nests were observed. If active bald eagle nests are observed, PNG will work with the USFWS to prevent disturbance and maintain compliance with federal and state regulations. The Rocky River and suitable habitat for the bald eagle will be avoided as the pipeline will be installed via HDD, and adverse effects on bald eagles are not anticipated. CONCLUSIONS Based on the information provided, PNG anticipates the proposed Project is not likely to adversely affect ESA federally listed species, their habitat, or proposed designated critical habitat. PNG requests any comments or concurrence on these findings within 30 days. If you have any questions or feedback regarding this Project, please contact Jesse Brown at 904-742-6798 or by e-mail atjabrown3@bumsmcd.com. BURNS �MEDONNELL Mr. Pete Benjamin U.S. Fish & Wildlife Service August 26, 2020 Page 5 Respectfully, Jesse A Brown Senior Environmental Scientist Burns and McDonnell Consultants, Inc. Appendix: A. Project Location on Topographic Map and Survey Area on Aerial Photography B. USFWS IPaC Letter cc: Tom Morris, PNG Alicia DePalma, PNG Anthony McMullen, Burns & McDonnell APPENDIX A - FIGURES Path: Z:\Clients\TND\DukeEnrgyCar\123240_RockyRiverHDD\Studies\Geospatial\DataFiles\ArcDocs\ENS_DesktopReview\DR_RockyRiver_Fig1.mxd kdboatright 7/17/2020 .I r I • S •- ., x i iJ � ,� 4`ti � �� rl • 1 - ='� - z. i� � .. _ �' +'ter_ , C.-` :� i � i ,, � i .f•. •i, :. C4, Lirru Will I cio • J7 `3-hrir.H�n�3 •,� Y. .. jj Survey Area County Boundary NORTH Figure 1 Access Road (AR) BURNS Topographic Map -BURNS Tr 3,300 1,650 0 31300 Rocky River HDD Cabarrus & Stanly Co., NC Scale in Feet Source: Esri, and Burns & McDonnell Consultants, Inc. Issued: 7/17/2020 r _..' AR-3 Path: Z:\Clients\TND\DukeEnrgyCar\123240 RockyRiverHDD\Studies\Geospatial\DataFiles\ArcDocs\ENS DesktopReview\DR Rocky River_Fig3.mxd kdboatright 7/17/2020 Service Laver Credits: Source: Esri. Maxar. GeoEve. Earthstar Geoaraohics. CNES/Airbus IDS. USDA. USGS. AeroGRID. IGN. and the GIS User Communitv Map Unit Symbol & Name GoF - Goldston very channery silt loam, 15 to 45 % slopes MsA- Misenheimer channery silt loam, 0 to 4 % slopes BaB - Badin channery silt loam, 2 to 8 % slopes KkB - Kirksey silt loam, 0 to 6 % slopes OaA- Oakboro silt loam, 0 to 2 % slopes, frequently flooded* BaD - Badin channery silt loam, 8 to 15 % slopes KkB - Kirksey silt loam, 1 to 6 % slopes TbB - Tarrus channery silt loam, 2 to 8 % slopes ChA - Chewacla sandy loam, 0 to 2 % slopes, frequently flooded* LdB2 - Lloyd clay loam, 2 to 8 % slopes, moderately eroded TcB2 - Tarrus channery silty clay loam, 2 to 8 % slopes, moderately eroded GoC - Goldston very channery silt loam, 4 to 15 % slopes MhB - Misenheimer channery silt loam, 0 to 4 % slopes W - Water Asterisk (*) indicates hydric soil. Q Survey Area L___j County Boundary NORTH Figure 3 BURNS Soils Map T� Access Road (AR) �MSDONNELL" Rock River HDD SSURGO Soils Ma Unit 800 400 0 800 y p Cabarrus & Stanly Co., NC Scale in Feet Source: Esri, USGS-SSURGO Soils Database, and Burns & McDonnell Consultants, Inc. Issued: 7/17/2020 Path: Z:\Clients\TND\DukeEnrgyCar\123240 RockyRiverHDD\Studies\Geospatial\DataFiles\ArcDocs\ENS DesktopReview\DR Rocky River_Fig3_MLV.mxd kdboatright 7/17/2020 Service Laver Credits: Source: Esri. Maxar. GeoEve. Earthstar Geoaraohics. CNES/Airbus IDS. USDA. USGS. AeroGRID. IGN. and the GIS User Communitv Map Unit Symbol & Name EnB - Enon sandy loam, 2 to 8 percent slopes MeD - Mecklenburg loam, 8 to 15 percent slopes Cc132 - Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded EnD - Enon sandy loam, 8 to 15 percent slopes SfB - Sedgefield sandy loam, 2 to 8 percent slopes' ChA- Chewacla sandy loam, 0 to 2 percent slopes, frequently flooded' IdB - Iredell loam, 2 to 6 percent slopes* VaB - Vance sandy loam, 2 to 8 percent slopes CuB2 - Cullen clay loam, 2 to 8 percent slopes, moderately eroded MeB - Mecklenburg loam, 2 to 8 percent slopes W - Water Asterisk (*) indicates hydric soil. 1 • i •• A %X �, �+} watt y. _ 4� � e/;� �Vy'[.•.'� t i c� 7 Y yj i'hli r - y a *�1��.• F �• i 4 tM.07 lo :�� tt ] r� 414) ! 4., r i Y�7LyYiG�► S _ �.r lu i �. : };'1 Q Survey Area L___j County Boundary Q SSURGO Soils Map Unit Source: Esri, USGS-SSURGO Soils Database, ar NORTH Figure 3 BURNS Soils Map 400 200 0 400 `MSDONNELL" Rocky River HDD Cabarrus & Stanly Co., NC Scale in Feet onnell Consultants, Inc. Issued: 7/17/2020 Path: Z:\Clients\TND\Du kill - .'_ 23240 RockyRiverHDD\Studies\Geospatial\DataFiles\ArcDocs\ENS DesktopReview\DR Rocky River_Fig4.mxd kdboatright 7/8/2020 axar GeoE a Earthstar Geo ra hics CNES/Airbus DS USDA USGS AeroGRID IGN and the GIS User Communit } r, low We XLIM t�. qR-3 i " / � .� -. � fir'. �,.�4��` � •`� �' �, t a?�, � �� .fir, ► AR-2 Survey Area Wetland Stream (S) 0 Culvert PEM Perennial T� Access Road (AR) —"'—" Ephemeral • 0 01 <24 Figure 4 NORrH - Wetland Delineation Map BURNS Rocky River HDD 200 100 0 200 `M DONNELL" Cabarrus & Stanly Co., NC Page 1 of 8 Scale in Feet rce: Esri, FEMA, USFWS-National Wetland Inventory (NHD), and Burns Path: Z:\Clients\TND\Du 23240_RockyRiverHDD\Studies\Geospatial\DataFiles\ArcDocs\ENS_DesktopReview\DR_RockyRiver _Fig4.mxd kdboatright 7/8/2020 WE PEM AR-2 A4 Survey Area Wetland Stream (S) 01 0 Culvert � PEM Perennial 24 Figure 4 NORTH Wetland Delineation Map T� Access Road (AR) - PFO — — Intermittent AL* BURNS Rocky River HDD M_DONNELL" O Sample Plot (SP) —"'—" Ephemeral 200 100 0 200 Cabarrus & Stanly Co., NC Page 3 of 8 Scale in Feet rce: bsn, rblw,v, uarvva-I,4auonal vveaana Invencory u4nu), ana burns Path: Z:\Clients\TND\Du 123240 RockyRiverHDD\Studies\Geospatial\DataFiles\ArcDocs\ENS DesktopReview\DR Rocky River_Fig4.mxd kdboatright 7/8/2020 Jaxar GeoE a Earthstar Geo ra hics CNES/Airbus DS USDA USGS AeroGRID IGN and the GIS User Communit r Fill" Il% AR Survey Area Wetland Stream (S) PFO Ephemeral �2� Figure 4 0 Culvert NORTHITW Wetland Delineation Map T� Access Road (AR) Ly BURNS Rock River HDD M�DONNELL" 0 Sample Plot (SP) 200 100 0 200 Cabarrus & Stanly Co., NC Page 6 of 8 Scale in Feet rce: bsn, rbiw,v, uarvva-i,4auonai vveaana inventory pwnu/, ana burns APPENDIX B - USFWS IPAC LETTER United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/couMfr.html In Reply Refer To: Consultation Code: 04EN1000-2020-SLI-0603 Event Code: 04EN1000-2020-E-01409 Project Name: Rocky River HDD Project May 15, 2020 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc counties.html. The AFO website list includes "species of concern" species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmis/project review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey.html Northern long-eared bat Guidance https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html 05/15/2020 Event Code: 04EN1000-2020-E-01409 New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http: www. fws. gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; 05/15/2020 Event Code: 04EN1000-2020-E-01409 http://www.towerkill.com; and http://www.fws.gov/migrator3Lbirds/CurrentBirdlssues/Hazards/ towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds • Wetlands 05/15/2020 Event Code: 04EN1000-2020-E-01409 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 05/15/2020 Event Code: 04EN1000-2020-E-01409 2 Project Summary Consultation Code: 04EN1000-2020-SLI-0603 Event Code: 04EN1000-2020-E-01409 Project Name: Rocky River HDD Project Project Type: OIL OR GAS Project Description: HDD for utility line maintenance Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/35.22903063207189N80.47692338460001W • /j 5 i f� 1L L 5 _ f Rwci '•�`s OW I f { 41, 1 ti RO Counties: Cabarrus, NC I Stanly, NC 05/15/2020 Event Code: 04EN1000-2020-E-01409 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 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. Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Clams NAME STATUS Carolina Heelsplitter Lasmigona decorata Endangered There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/3534 Flowering Plants NAME STATUS Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 05/15/2020 Event Code: 04EN1000-2020-E-01409 Critical habitats MERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 05/15/2020 Event Code: 04EN1000-2020-E-01409 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) THERE ARE NO FWS MIGRATORY BIRDS OF CONCERN WITHIN THE VICINITY OF YOUR PROJECT AREA. Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ 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. 05/15/2020 Event Code: 04EN1000-2020-E-01409 Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . 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). 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 05/15/2020 Event Code: 04EN1000-2020-E-01409 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 Lorin. 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. 05/15/2020 Event Code: 04EN1000-2020-E-01409 Wetlands 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. RIVERINE • R4SBC • R2UBH