HomeMy WebLinkAbout20201860 Ver 1_USFWS_HabitatAssessment_12092020_20210107BURNS �MEDONNELL
December 9, 2020
Janet Mizzi
U.S. Fish & Wildlife Service
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
Submitted via Email at Janet mizzi@fws.g_ov
Re: Request for Review — USFWS Consultation Code: 04EN1000-2021-SLI-0109
Duke Energy, Carolinas — Kerwin Circle Substation
Dear Ms. Mizzi:
Burns & McDonnell was retained by Duke Energy, Carolinas (Duke) to provide environmental
permitting support for the Kerwin Circle Substation Project (Project) located in Forsyth County,
North Carolina (NC). The Project, which will result in impacts to waters of the U.S., will require
a Nationwide Permit No. 12 from the U.S. Army Corps of Engineers (USACE), Wilmington
District. The following information is being provided to the U.S. Fish and Wildlife Service
(USFWS) for review under the requirements of Section 7 of the Endangered Species Act (ESA).
A Project location map is provided in Appendix A.
INTRODUCTION
Duke proposes to develop an approximately 3.25 acre area (Project Area) for the construction of
a new electrical substation and gravel access road near Kernersville, North Carolina. The Project
is located northwest of Kernersville, north of West Mountain Street, east of Old Hollow Road,
and is accessible from West Mountain Street.
The new access road will start at West Mountain Street and proceed approximately 1,378 feet to
the north where the proposed substation will be located. The Project Area consists of mainly
forested land with multiple drainage features draining to the west and north. The habitat
assessment was conducted within the proposed Project Area, which is shown on Figure A-1 in
Appendix A.
HABITAT ASSESSMENT
During March 2020 a pedestrian survey of the Project Area was conducted by Dewberry
Engineers Inc. to evaluate the potential for federally protected species habitat to occur within the
Project area.
In addition to the pedestrian field surveys, an Information for Planning and Consultation (IPaC)
report was generated and reviewed for the Project. The IPaC listed the federally threatened
northern long-eared bat (Myotis septentrionalis) as potentially occurring within the Study Area.
Further, the report lists the bog turtle (Clemmys muhlenbergii) as "Similarity of Appearance
(Threatened)" (Table 1). There were no proposed critical habitats documented on the IPaC.
burnsmcd.com
BURNS �MEDONNELL
Ms. Janet Mizzi
U.S. Fish & Wildlife Service
December 9, 2020
Page 2
Additionally, a desktop review was performed using aerial imagery, USFWS National Wetlands
Inventory (NWI) data, and U.S. Department of Agriculture Natural Resources Conservation
Service (MRCS) 2017 Web Soil Survey for Forsyth County.
Table 1: Protected Species with Potential to Occur in the Project Area
Species Name
Federal Status
Preferred Habitat
Impact
Mammals
Suitable habitat consists of
Northern long-eared bat
cavities and crevices of live and
Habitat present in Survey Area —
(Picoides borealis)
Threatened
dead trees. Hibernates in caves
Moy Affect
and mines (hibernacula) during
winter months.
Reptiles
Suitable habitat consists of open,
Similarity of
groundwater fed wetlands along
Bog turtle
Appearance
streams or seeps on hillsides.
Habitat not present in Survey
(Clemmys muhlenbergii)
(Threatened)
Prefers mountain bogs, but can
Area — No Effect
also be found in wet pastures
and old drainage areas.
Source: U.S. Fish and Wildlife Service — http://ecos.fws.gov/ipac/. Accessed November 19, 2020;
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 with potential to occur in the Project Area (https:Hecos.fws.gov/ipac�. The northern
long-eared bat (federally threatened) was identified by IPaC as a species protected by the ESA.
No designated critical habitat for this 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 March 2020 environmental field survey.
Northern Long -Eared Bat
The federally threatened northern long-eared bat (NLEB) prefers roosting within cavities and
crevices of both live and dead trees as well as caves and mines during summer. Winter
hibernation habitat (hibernacula) consists of caves and mines that provide constant temperature,
BURNS �MEDONNELL
Ms. Janet Mizzi
U.S. Fish & Wildlife Service
December 9, 2020
Page 3
high humidity, and no air currents. The majority of the Project Area consisted of a mixed
hardwood and pine forested community with ideal understory feeding habitat. Based on the
construction schedule, tree clearing will occur as part of this project which "may affect" NLEB.
However, clearing activities within the Project Area are scheduled to occur outside of the pup
season (June 1 — July 31). Furthermore, no known hibernacula were documented within 0.25
miles of the Project Area and no known maternity roost trees were documented within or
adjacent to the Project Area. Therefore, impacts to NLEB are not anticipated.
Bog Turtle
The bog turtle typically prefers open, groundwater fed wetlands along streams or seeps on
hillsides, mountain bogs, wet pastures, and old drainage areas. No habitat was observed within
the Project Area and no known occurrences are documented within 1.0 mile of the Project Area.
Therefore, no impacts to bog turtle are anticipated as a result of the Project. Additionally, the bog
turtle is listed as "threatened" due to similarity of appearance and will not require Section 7
consultation.
Bald Eagle
The BGEPA prohibits take of bald eagles. The Project Area does not intersect any major
reservoirs or rivers that could be used by nesting eagles, although multiple water bodies were
identified within a 1.0 mile radius of the Project Area. No nests were observed within or adjacent
to the Project Area. If active bald eagle nests are observed, Duke will work with the USFWS to
prevent disturbance and stay within federal and state regulatory compliance. Based on the lack of
known occurrences and no observations of bald eagles or nests were made during field surveys,
impacts to bald eagles are not anticipated.
CONCLUSIONS
Based on the results of the habitat assessment, Burns & McDonnell has concluded that the
proposed Project is not likely to adversely affect federally listed species. If you have any
questions regarding the proposed Project or the contents of this habitat assessment report, please
contact me at 804-223-1470 or by e-mail at pkmeier@burnsmcd.com at your convenience.
Sincerely,
Patrick Meier
Wetland Specialist
BURNS �MEDONNELL
Ms. Janet Mizzi
U.S. Fish & Wildlife Service
December 9, 2020
Page 4
Attachments:
Appendix A - Figures
Appendix B - IPaC Report
cc: Kevin Mason Duke Energy, Carolinas
Mengstab Gebremicael Burns & McDonnell
APPENDIX A - FIGURES
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�MSDON NE1-1- Kerwin Circle Substation
Duke Energy
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Source: Esri, NRCS SSURGO, NCOne Map, Duke Energy, Burns & McDonnell
APPENDIX B - IPAC REPORT
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
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hSai k 4YYFJiYJft
In Reply Refer To: November 19, 2020
Consultation Code: 04EN1000-2021-SLI-0109
Event Code: 04EN1000-2021-E-00239
Project Name: Kerwin Circle Substation
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
11/19/2020 Event Code: 04EN1000-2021-E-00239
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;
11/19/2020 Event Code: 04EN1000-2021-E-00239
3
http://www.towerkill.com; and http://www.fws.gov/migratoI3Lbirds/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
11/19/2020 Event Code: 04EN1000-2021-E-00239
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
11/19/2020 Event Code: 04EN1000-2021-E-00239 2
Project Summary
Consultation Code: 04EN1000-2021-SLI-0109
Event Code: 04EN1000-2021-E-00239
Project Name: Kerwin Circle Substation
Project Type: ** OTHER **
Project Description: New electrical substation.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/place/36.137779370394654N80.11535520439935W
Counties: Forsyth, NC
11/19/2020 Event Code: 04EN1000-2021-E-00239 3
Endangered Species Act Species
There is a total of 2 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
NAM L 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
Reptiles
NAME STATUS
Bog Turtle Clemmys muhlenbergii Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA) Appearance
No critical habitat has been designated for this species. (Threatened)
Species profile: https:Hecos.fws.gov/ecp/species/6962
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
11/19/2020 Event Code: 04EN1000-2021-E-00239
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
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)
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
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https:Hecos.fws.gov/ecp/species/1626
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
11/19/2020
Event Code: 04EN1000-2021-E-00239
BREEDING
NAME SEASON
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10
and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
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 ( J)
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:
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.
11/19/2020 Event Code: 04EN1000-2021-E-00239
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.
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 IFEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle ++ ■++++� ++11 h
+ MINI
++—+ +—'+'+1J + 1 I � 1 1 1 +
Non -BCC Vulnerable ``
ninon ■■■
Prairie Warbler ++++ ++++ +�++ ++++ �iii +-4 ++—+ +—++ ++++ ++++ ++++
BCC Rangewide (CON)
Warbler tars ++++ ++++ ++++ +++i +i """`+� ++—+ +—++ ++++ ++++ ++++
Warbler
BCC Rangewide (CON)
Red-headed ++ + + + + + •• NEW +� 0+ +
Woodpecker + + + ++ ++++ + + ++� ++ +++ ++ +++
BCC Rangewide (CON) — — — — — — -_M +MMM Mm
Wood Thrush ++++ ++++ ++++ +++�'�'+ ��'�'�� 1111
+—+++++ ++++ ++++
BCC Rangewide (CON)
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/migratoDLbirds/pdf/
irds/pdf/
management/nationwidestandardconservationmeasures. pdf
11/19/2020 Event Code: 04EN1000-2021-E-00239 4
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
(BQQ 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.
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?
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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
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
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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.
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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.
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