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HomeMy WebLinkAbout20220453 Ver 1_ePCN Application_20220318fr.,f DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) December 6, 2021 Ver 4.2 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. BIMS # Assigned* 20220453 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Reviewing Office* Wilmington Regional Office - (910) 796-7215 Information for Initial Review 1a. Name of project: Shallotte Storage 1a. Who is the Primary Contact?* Kim Williams - Davey Resource Group 1 b. Primary Contact Email: kim.williams@davey.com Date Submitted 3/18/2022 Nearest Body of Water Shallotte River Basin Lumber Water Classification SA Site Coordinates Latitude: 33.977 A. Processing Information County (or Counties) where the project is located: Brunswick Is this a NCDMS Project Yes No Longitude: -78.376 Is this project a public transportation project?* Yes No 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Version# * 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Holley Snider:eads\hasnider 1c. Primary Contact Phone:* (910)452-0001 Has this PCN previously been submitted?" Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 18 - Minor Discharges NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: Yes No For the record only for Corps Permit: Yes No 1f. Is this an after -the -fact permit application?* Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 It. Is the project located in any of NC's twenty coastal counties? Yes No 1 i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?" Yes No 2. Owner Information 2a. Nani on recorded deed: ITAC 483 LLC 2b. Deed book and page no.: 2c. Contact Person: 2d.Address Street Address 121 N. Columbia Street Address Line 2 City State / Province / Region Chapel Hill NC Postal / Zip Code Country 27514 USA 2e. Telephone Number: 2f. Fax Number: (910)790-9490 2g. Email Address:* robert@roberthighdevelopment.com 3. Applicant Information (if different from owner) 3a. Name: Robert High 3b. Business Name: Robert High Development LLC 3c.Address Street Address 324 Greenville Avenue Address Line 2 City State / Province / Region Wilmington NC Postal / Zip Code Country 28403 USA 3d. Telephone Number: 3e. Fax Number: (910)790-9490 3f. Email Address:* robert@roberthighdevelopment.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Davey Resource Group 4c. Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 City State / Province / Region Wilmington NC Postal / Zip Code Country 28403 USA 4d. Telephone Number: 4e. Fax Number: (910)452-0001 (910)452-0060 4f. Email Address: kim.williams@davey.com C. Proiect Information and Prior Proiect History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Shallotte 2. Project Identification 2a. Property Identification Number: Portion of 19800019 2c. Project Address Street Address Smith Avenue Address Line 2 City Shallotte Postal / Zip Code 28470 2b. Property size: 14.01 State / Province / Region NC Country USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Shallotte River 3b. Water Resources Classification of nearest receiving water:* SA 3c. What river basin(s) is your project located in?* Lumber 3d. Please provide the 12-digit HUC in which the project is located. 030402080202 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The site is mostly undeveloped, with some roads providing access throughout. Uplands are generally cleared with some canopy trees remaining. Wetlands are vegetated. The site is adjacent to the Shallotte River. Coastal and freshwater wetlands exist adjacent to it. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 2.09 4g. List the total estimated linear feet of all existing streams on the property: UT of the Shallotte River forms the western project boundary. 4h. Explain the purpose of the proposed project: * The purpose of the project is to construct a storage facility within the project area to meet the storage needs of the community. Wetland impacts are needed to construct a building on the site. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project will include four storage buildings and an office. Roads, utilities, and stormwater ponds are also proposed. The limits of disturbance will be cleared of vegetation. Roadways and utilities will be installed. Then building construction will occur. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2013-00111 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Troy Beasley Agency/Consultant Company: Withers and Ravenel Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Gary Beecher with the USACE issued a wetland delineation concurrence email on 9/15/21. 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name* 2e. Forested* Type of Jurisdicition* r 2g• Impact area * W1 Fill L Headwater Forest N/A Yes _J Both 0.100 acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.100 21. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.100 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The applicant attempted to minimize impacts as much as possible. Building sizes have been reduced and accessways have been altered to minimize wetland impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A sedimentation and erosion control permit and stormwater permit will be obtained prior to construction. 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 No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Wetland impacts are 0.1 acre 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? Yes No If no, explain why: Site is located in the Lumber River Basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: Project engineer is currently preparing a stormwater plan. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federallstatellocal) funds or the use of public (federal/state) land? Yes No u 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)? * Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. Stormwater and erosion control plans will be implemented to minimize impacts to downstream water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Site will tie into municipal wastewater treatment system. 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?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes 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.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their files, no federally listed species are known to occur within the site. There is one occurrence of the federally listed American alligator within a one mile radius of the site, likely within the Shallotte River. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these species require coastal and/or marine habitat and would not be found within developable areas within the site. Forested uplands support pines in the canopy and a fairly dense shrub layer and are unlikely to provide suitable habitat for the RCW. Forested areas within the site may provide suitable roosting habitat for the northern long-eared bat. Since no hibernacula or maternity roosting trees are known to occur in the area, any adverse effect from tree clearing would be exempt by the 4(d) rule. The site does not appear to provide suitable habitat for any other species known to occur in the area. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * Yes No Are there submerged aquatic vegetation (SAV) around the project vicinity?* Yes No Unknown 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Shallotte River is EFH for several species. The project will be located outside of the NCDCM AEC and will implement stormwater and erosion control plans. Therefore, no impacts to this resource will occur. 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?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historic resources. No cultural or historical resources were noted within or adjacent to the site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: The engineer will work with the County floodplain manager to ensure FEMA requirements are met. 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Center Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to abach document Shallotte Storage Attachments.pdf 5.37MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • 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: Kim Williams Signature �%i %--,f Date 3/18/2022 March 17, 2022 TO:US Army Corps of Engineers NC Division of Water Resources 69 Darlington Avenue 127 Cardinal Drive Extension Wilmington, NC 28403 Wilmington, NC 28405 RE: Shallotte Storage; Shallotte, NC; BrunswickCounty, NC NWP 18 Application Action ID# SAW-2013-00111 To Whom It May Concern: On behalf of Robert High Development, LLC, Davey ResourceGroup, Inc.is submitting a Pre- Construction Notification form and associated attachmentsfor the Shallotte Storagedevelopment The purpose of the project is to construct a storage facility located off Smith Avenuein Shallotte, NC. within the project area to meet the storage needs of the community. The project proposes to impact 0.10 acre of jurisdictional wetlandsto construct a building onthe site. If you have any questions, or would like to discuss the application, please do not hesitate to call. Thank you for your assistance. Sincerely, Kim Williams Environmental Scientist Encl. www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave.,Suite 15, Wilmington, NC 28403 SHALLOTTE STORAGE Brunswick County PCN Attachments Table of Contents 1.0 AGENT AUTHORIZATION FORM 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph Figure 5. Site Plan Showing Proposed Wetland Impacts 3.0 WETLAND DELINEATION INFORMATION 4.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List 1.0 AGENT AUTHORIZATION FORM AGENT AUTHORIZATIONFORM TO WHOM IT MAY CONCERN: I/we, the undersigned, hereby authorize Land Management Groupto act as our agent in the preparation and representation of information related to the Section 404/401 permit application for the Shallotte Storage project located in Brunswick County, NC. All questions regarding this project should be directed to Land Management Group. Sincerely, ________________________________________ Applicant ________________________________________ Print Name ________________________________________ Date www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph Figure 5. Site Plan Showing Proposed WetlandImpacts Project Area Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community L:\\WETLANDS\\2021 WETLANDS FILES\\LMG21.627 --- Shallotte Storage\\Maps 00.512 Boundaries are approximate and not meant to be absolute. Miles Map Source: World Street Map ¯ Shallotte Storage Brunswick County, NC Figure 1 Vicinity Map December 2021 3805 Wrightsville Avenue Wilmington, NC 28403 LMG21.627 (910) 452-0001 Qspkfdu! Bsfb M;\]XFUMBOET\]3132!XFUMBOET!GJMFT\]MNH32/738!...! Tibmmpuuf!Tupsbhf\]Nbqt 14117112-311 Cpvoebsjft!bsf!bqqspyjnbuf!boe!opu!nfbou!up!cf!bctpmvuf/ Gffu Nbq!Tpvsdf;!VTHT!Upqphsbqijd!Nptbjd!gps!Csvotxjdl!Dp/ ¯ Tibmmpuuf!Tupsbhf Csvotxjdl!Dpvouz-!OD Gjhvsf!3 Upqphsbqijd!Nbq Efdfncfs!3132 4916!Xsjhiutwjmmf!Bwfovf Xjmnjohupo-!OD!39514 MNH32/738 ):21*!563.1112 Vs OpC HpB CED MB CED OpC CbC Mfhfoe CbC;!Cbznfbef!gjof!tboe-!2!up!7!&!tmpqft CED;!Cbznfbef!boe!Nbswzo!tpjmt-!7!up!23!&!tmpqft! HpB;!Hpmetcpsp!gjof!tboez!mpbn-!1!up!3!&!tmpqft MB;!Mbgjuuf!nvdl Ftsj-!IFSF-!Hbsnjo-!)d*!PqfoTusffuNbq!dpousjcvupst OpC;!Opsgpml!mpbnz!gjof!tboe-!3!up!7&!tmpqft M;\]XFUMBOET\]3132!XFUMBOET!GJMFT\]MNH32/738!...! Tibmmpuuf!Tupsbhf\]Nbqt 1211311511 Cpvoebsjft!bsf!bqqspyjnbuf!boe!opu!nfbou!up!cf!bctpmvuf/ Gffu Nbq!Tpvsdf;!OSDT!HJT!Tpjmt!Ebub ¯ Tibmmpuuf!Tupsbhf Csvotxjdl!Dpvouz-!OD Gjhvsf!4 Tpjmt!Nbq Efdfncfs!3132 4916!Xsjhiutwjmmf!Bwfovf Xjmnjohupo-!OD!39514 MNH32/738 ):21*!563.1112 Ftsj-!IFSF-!Hbsnjo-!)d*!PqfoTusffuNbq!dpousjcvupst M;\]XFUMBOET\]3132!XFUMBOET!GJMFT\]MNH32/738!...! Tibmmpuuf!Tupsbhf\]Nbqt 1211311511 Cpvoebsjft!bsf!bqqspyjnbuf!boe!opu!nfbou!up!cf!bctpmvuf/ Gffu Nbq!Tpvsdf;!3131!OD!PofNbq!Bfsjbm ¯ Tibmmpuuf!Tupsbhf Csvotxjdl!Dpvouz-!OD Gjhvsf!5 Bfsjbm!Qipuphsbqi Efdfncfs!3132 4916!Xsjhiutwjmmf!Bwfovf Xjmnjohupo-!OD!39514 MNH32/738 ):21*!563.1112 - S I PHONE (910) 287-5900PHONE (910) 343-9653 R R - ASH, NC 28420WILMINGTON, NC 28403 O - 1429 ASH-LITTLE RIVER RD. NW1900 EASTWOOD RD., SUITE #11 N R E P - E I N L I -CONSULTING ENGINEERS P.C. L G I N - H NORRIS & TUNSTALL E P Licence #C-3641 N H O J D A A D D A A D D A D A A D D A D A A D A D D A D A D A A D AD D A A D D A D A D Љ͵Њ ğĭƩĻ A A D D A ‘ĻƷƌğƓķ LƒƦğĭƷ ϔЊʹ D A A A D DD A D A D A D DA D AA D A D A D A D D A D A A D A D D A A D D A A D D A A D A Limits of Disturbance (no development within 75' AEC)D D A A D D A SD DA A DD A D A S AD D DA D A D A DA A D D A D A 3.0 WETLAND DELINEATION INFORMATION 4.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List IPaC Information for Planning and Consultation U.S. Fish & Wildlife Service IPaC resource list IPaC is experiencing problems with the National Wetlands Inventory map This report is an automatically generated list of species and other resources such as critical habitat service and you may get an "Unexpected error" dialog if you have that ) under the U.S. Fish and WildlifeService's (USFWS) (collectively referred to as layer displayed or add that layer to your map. We are working on the issue jurisdiction that are known or expected to be on or near the project area referenced below. The list and hope to have it resolved soon. 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 Local office Raleigh Ecological Services Field Office (919) 856-4520 (919) 856-4556 MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F 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 . 1.Species listed under the Endangered Species Actare threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status pagefor more information. IPaC only shows species that are regulated by USFWS (see FAQ). 2.NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: Mammals NAMESTATUS Northern Long-eared Bat Myotis septentrionalis Threatened Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9045 West Indian Manatee Trichechus manatus Threatened Wherever found Marine mammal There is final critical habitat for this species.The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/8477 Reptiles NAMESTATUS American Alligator Alligator mississippiensis SAT Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/776 Green Sea Turtle Chelonia mydas Threatened There is final critical habitat for this species.The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered Wherever found There is proposed critical habitat for this species.The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/5523 No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAMESTATUS Cooley's Meadowrue Thalictrum cooleyi Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3281 Rough-leaved Loosestrife Lysimachia asperulaefolia Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/2747 Seabeach Amaranth Amaranthus pumilus Threatened Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/8549 birds-of-conservation-concern.php ïMeasures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/ conservation-measures.php ïNationwide conservation measures for birds 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. NAMEBREEDING SEASON(IF A BREEDING SEASON IS INDICATED Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus Breeds elsewhere This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measuresdescribes 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 measuresor 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 (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 datasetsand 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 Actrequirements may apply), or a species that has a particular vulnerability to offshore activities or 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 Actrequirements (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 Shelfproject 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 Studyand the nanotag studiesor contact Caleb Spiegelor Pam Loring. What if I have eagles on my list? Marine mammals Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected under the Endangered Species Act 12 and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The responsibilities for the protection, conservation, and management of marine mammals are shared by the U.S. Fish and Wildlife Service \[responsible for otters, walruses, polar bears, manatees, and dugongs\] and NOAA Fisheries 3 \[responsible for seals, sea lions, whales, dolphins, and porpoises\]. Marine mammals under the not shown on this list; for additional information on those National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refugesystem 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 wetlandsand other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or