20221384 Ver 1_ePCN Application_20221005

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
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.
Pre -Filing Meeting Date Request was submitted on:
10/5/2022
BIMS # Assigned* Version#*
20221384 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Chad Turlington:eads\ccturlington
Information for Initial Review
la. Name of project:
COURTESY COPY Adams Street Drainage Improvements
la. Who is the Primary Contact?*
Byron Reeves, P.E.
Reviewing Office*
Fayetteville Regional Office - [phone]
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
10/5/2022
Nearest Body of Water
Blounts Creek
Basin
Cape Fear
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.050645 -78.869757
A. Processing Information
County (or Counties) where the project is located:
Cumberland
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

la. 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)
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)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 03 - Maintenance
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
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:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. 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. Name(s) on recorded deed:
City of Fayetteville
2b. Deed book and page no.:
0437-93-0364-
2c. Contact Person:
Byron Reeves, P.E.
2d. Address
Street Address
433 Hay Street
Address Line 2
City
Fayetteville
Postal /Zip Code
28301
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Philip May
4b. Business Name:
Carolina Ecosystems, inc.
4c. Address
Street Address
3040 NC Hwy 42 West
Address Line 2
City State / Province / Region
Clayton NC
Postal / Zip Code Country
27520 USA
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Fayetteville NC
2. Project Identification
2a. Property Identification Number:
0437-93-0364-
2c. Project Address
Street Address
123 B Street
Address Line 2
City
Fayetteville
Postal / Zip Code
28301
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Blounts Creek
3b. Water Resources Classification of nearest receiving water: *
C
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300040704
4. Project Description and History
2b. Property size:
0.4 parcel
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The site consists of a public right-of-way along Adams Street and a vacant lot at the intersection of Adams St and B St, owned by the City of Fayetteville. General land use in the vicinity of
the project includes primarily residential and commercial development in a developed urban setting. Several private vacant lots are south of the project area.

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:
0
4g. List the total estimated linear feet of all existing streams on the property:
25
4h. Explain the purpose of the proposed project:*
The proposed drainage improvements would replace an existing 15-inch pipe with a new 36-inch pipe and shift the current outfall location upstream. This is intended to alleviate
stormwater issues in the existing network by capturing drainage along Adams Street and diverting flow that currently discharges directly into the Cape Fear River to the existing outfall at
Blounts Creek. The discharge location is also being shifted upstream from the current location in order to allow the existing pipe to remain functional during construction, and to discharge
in a bend in the stream that would allow a better discharge angle (vs current perpendicular discharge).
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed 36-inch pipe would be installed along Adams Street and connect to the existing drainage system to the east of C Street. At the west end of Adams Street, the pipe would
cross the B Street junction and be routed through a City owned vacant lot south of the current stormwater pipe alignment. A 15-inch connector pipe would pick up the drainage from the
existing network along B Street and tie into the new 36-inch pipe, which would then discharge into Blounts Creek upstream of the existing outfall. The discharge location would be
reinforced above the Ordinary High Water Mark with Class 1 riprap and filter fabric per the attached plans. The existing 15-inch pipe and discharge will be abandoned in place from the
new connector pipe to the existing outfall. Standard construction equipment would be used including excavators and dump trucks.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
The project area was reviewed in the field on 6/23/22 and no wetland indicators were present.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?*
Phil May
Carolina Ecosystems
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?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
3. Stream Impacts
Streams -tributaries
Pond Construction
Buffers
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Outfall Stabilization
Permanent
Rip Rap Fill
Blounts Creek
Perennial
Both
30
Average (feet)
25
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
25
3i. Total stream and ditch impacts:
25
3i. Total temporary stream impacts:
0

3j. Comments:
Stream impacts are limited to the stabilization of the bank at the discharge location with no riprap in the stream bed.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts have been minimized by avoiding riprap within the stream bed of Blounts Creek, and shifting the discharge upstream to a location where it
better aligns with a bend in the stream to prevent erosion. The proposed outfall location currently has a significant amount of concrete rubble and
therefore little change in existing bank conditions would result. The dissipator pad/apron would reduce discharge velocities and prevent any increase in
downstream bank erosion.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Sediment and erosion control measures will be implemented according to State standards to prevent downstream turbidity during construction. The
work, including discharge construction, will be performed in low flow conditions.
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:
Only 25 feet of bank stabilization is proposed for the project, which typically would not require mitigation as no permanent loss of stream would result.
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:
The project is located in the Cape Fear River basin below Jordan Lake, and therefore does not have State riparian buffers.
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
Comments:
The project is not associated with an increase in impervious surface.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
Yes No
1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes • No
Comments: *
The project is funded by a combination of local and ARPA money. ARPA funded projects are not required to complete NEPA documents, and the project
falls well below SEPA criteria as well.
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.
The project alleviates stormwater drainage issues in a relatively urban area with little new development potential.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
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
5i. 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?
Based on IPaC database results for the project area (attached) the only potential habitat is disturbed areas on the vacant lot. A site visit was performed
on 6/23/22 and no Michaux's sumac plants were observed. The habitat is not conducive for American chaffseed, pondberry, or rough -leaved loosestrife.
No current NCNHP element occurrences are recorded in the project area except for low accuracy (i.e. County -wide) records.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA Essential Fish Habitat Mapper
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?*
State Historic Preservation Office HPO Web Mapper. The only resources shown in the area are houses at the intersection of C Street and Adams Street.
These are listed as Survey Only. The project will involve temporary disturbance along Adams Street but will not permanently change the area.
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:
Blounts Creek is a FEMA regulated floodplain. The project will not change grades or affect downstream flows. A No Rise Certification has been prepared
and submitted for the project, and construction will not take place prior to approval.
8c. What source(s) did you use to make the floodplain determination?*
Project engineer (Gradient PLLC) and NC Flood Mapping Program
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 attach document
AdamsStDrainage_Attachments.pdf 15.59MB
File must be PDF or KMZ
Comments
Figures (Vicinty, USGS, NRCS, and Aerial), Engineering Drawings, and IPaC database results are attached.
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:
Philip May
Signature
Date
10/5/2022

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IPaC: Explore Location resources
https://ipac. ecosphere.fws.-ov/location/FAP6 WP22MB B PRBJOHL...
IPaC
IPaC resource list
U.S. Fish & Wildlife Service
This report is an automatically generated list of species and other resources such as
critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife
Service's (USFWS) jurisdiction that are known or expected to be on or near the project
area referenced below. The list may also include trust resources that occur outside of the
project area, but that could potentially be directly or indirectly affected by activities in the
project area. However, determining the likelihood and extent of effects a project may have
on trust resources typically requires gathering additional site -specific (e.g.,
vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed
activities) information.
Below is a summary of the project information you provided and contact information for
the USFWS office(s) with jurisdiction in the defined project area. Please read the
introduction to each section that follows (Endangered Species, Migratory Birds, USFWS
Facilities, and NWI Wetlands) for additional information applicable to the trust resources
addressed in that section.
Location
Cumberland County, North Carolina
Local office
Raleigh Ecological Services Field Office
t. [phone]
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INC: Explore Location resources
Iij [phone]
https://ipac.ecosphere.fws.gov/location/FAP6WP22MBBPRBJOHL...
ILTAWIII►[91G1B7l7.71.M
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487
0105
FOB
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Endangered species
The primary information used to generate this list is the known or expected range of each
species. Additional areas of influence (AOI) for species are also considered. An AOI
includes areas outside of the species range if the species could be indirectly affected by
activities in that area (e.g., placing a dam upstream of a fish population even if that fish
does not occur at the dam site, may indirectly impact the species by reducing or
eliminating water flow downstream). Because species can move, and site conditions can
change, the species on this list are not guaranteed to be found on or near the project
area. To fully determine any potential effects to species, additional site -specific and
project -specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the
Secretary information whether any species which is listed or proposed to be listed may be
present in the area of such proposed action" for any project that is conducted, permitted,
funded, or licensed by any Federal agency. A letter from the local office and a species list
which fulfills this requirement can only be obtained by requesting an official species list
from either the Regulatory Review section in IPaC (see directions below) or from the local
field office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC
website and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed speciesi and their critical habitats are managed by the Ecological Services Program
of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National
Oceanic and Atmospheric Administration (NOAA Fisheries).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown
on this list. Please contact NOAA Fisheries for species under theirjurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC
also shows species that are candidates, or proposed, for listing. See the listing status
page for more information. 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
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office of the National Oceanic and Atmospheric Administration within the Department
of Commerce.
The following species are potentially affected by activities in this location:
Birds
NAME
Red -cockaded Woodpecker Picoides borealis
Wherever found
No critical habitat has been designated for this species
https://ecos.fws.gov/ecp/species/7614
Reptiles
NAME
STATUS
Endangered
STATUS 4040
American Alligator Alligator mississippiensis SAT
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/776
Clams I
NAME STATUS
Atlantic Pigtoe Fusconaia masoni Threatened
Wherever found
There is final critical habitat for this species. Your location
does not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/5164
Insects
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME STATUS
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American Chaffseed Schwalbea americans Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/1286
Michaux's Sumac Rhus michauxii
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/5217
Pondberry Lindera melissifolia
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/1279
Rough -leaved Loosestrife Lysimachia asperulaefolia
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/2747
Critical habitats
Endangered
Endangered
Endangered
Potential effects to critical habitat(s) in this location must be analyzed along with the
endangered species themselves.
There are no critical habitats at this location.
Nv
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden
Eagle Protection Acts.
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.
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Additional information can be found using the following links:
Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library_
/collections/avoiding-and-minimizing-incidental-take-migratory-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files
/documents/nationwide-standard-conservation-measures.pdf
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how
this list is generated, see the FAQ below. This is not a list of every bird you may find in this
location, nor a guarantee that every bird on this list will be found in your project area. To
see exact locations of where birders and the general public have sighted birds in and
around your project area, visit the E-bird data mapping tool (Tip: enter your location,
desired date range and a species on your list). For projects that occur off the Atlantic
Coast, additional maps and models detailing the relative occurrence and abundance of
bird species on your list are available. Links to additional information about Atlantic Coast
birds, and other important information about your migratory bird list, including how to
properly interpret and use your migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization
measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF
PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be
present and breeding in your project area.
NAME BREEDING SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31
This is not a Bird of Conservation Concern (BCC) in this area,
but warrants attention because of the Eagle Act or for
potential susceptibilities in offshore areas from certain types
of development or activities.
https://ecos.fws.gov/ecp/species/1626
Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to Jul 15
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Breeds Mar 15 to Aug 25
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Eastern Whip -poor -will Antrostomus vociferus Breeds May 1 to Aug 20
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Probability of Presence Summary
Breeds May 1 to Jul 31
Breeds Apr 1 to Jul 31
Breeds May 10 to Sep 10
Breeds elsewhere
Breeds May 10 to Aug 31
The graphs below provide our best understanding of when birds of concern are most
likely to be present in your project area. This information can be used to tailor and
schedule your project activities to avoid or minimize impacts to birds. Please make sure
you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence( )
Each green bar represents the bird's relative probability of presence in the 10km grid
cell(s) your project overlaps during a particular week of the year. (A year is represented as
12 4-week months.) A taller bar indicates a higher probability of species presence. The
survey effort (see below) can be used to establish a level of confidence in the presence
score. One can have higher confidence in the presence score if the corresponding survey
effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
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1. The probability of presence for each week is calculated as the number of survey events
in the week where the species was detected divided by the total number of survey
events for that week. For example, if in week 12 there were 20 survey events and the
Spotted Towhee was found in 5 of them, the probability of presence of the Spotted
Towhee in week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of
presence in week 20 for the Spotted Towhee is 0.05, and that the probability of
presence at week 12 (0.25) is the maximum of any week of the year. The relative
probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a
statistical conversion so that all possible values fall between 0 and 10, inclusive. This is
the probability of presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds
across its entire range. If there are no yellow bars shown for a bird, it does not breed in
your project area.
Survey Effort ( ) ..s
Vertical black lines superimposed on probability of presence bars indicate the number of
surveys performed for that species in the 10km grid cell(s) your project area overlaps. The
number of surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data( )
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently
relevant information. The exception to this is areas off the Atlantic coast, where bird
returns are based on all years of available data, since data in these areas is currently
much more sparse.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle I I I I ++++ +++' �111 1�11 1111 ++++ 1111 1111 1111 �1��
Non -BCC
Vulnerable
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Brown -
headed dill lilt 1110 2141111111111ll 1116 idll 1-1111111116
Nuthatch
BCC - BCR
Chimney +++ ++++ ++++ $Jill'" +'+"'++ "++ ++'+
Swift
BCC
Rangewide
(CON)
Eastern ++++ ++++ ++++ ++++ 1171+
Whip -poor -
will
BCC
Rangewide
(CON)
Prairie ++++ +++ I I I I I I I I I I I I I I I I I i l l l 1-++' + ++ +
Warbler
BCC
Rangewide
(CON)
Prothonotary ++++ ++++ ++++ ++` ++++ +--- ++++ ++++
Warbler Iltt t""'tt
BCC
Rangewide
(CON)
Red-headed +,++ ++++ ++++ +01 ' " Jill "+' 4-4-4-4-+---'+++ ++++
Woodpecker
BCC lik
Rangewide
(CON) 0
Rusty �.� I ++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ +--- ++'+ ++++
Blackbird
BCC -BCR
Wood ++++ ++++ ++++ +0++ 1111 Jill Jill Jill ++++ +--- ++++ ++++
Thrush
BCC
Rangewide
(CON)
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 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
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site.
https://ipac.ecosphere.fws.gov/location/FAP6WP22MBBPRBJOHL...
What does IPaC use to generate the list of migratory birds that potentially occur in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other
species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Network (AKN). The AKN data is based on a growing collection of survey_, banding, and citizen science
datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid
cell(s) which your project intersects, and that have been identified as warranting special attention
because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species
that has a particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project
area. It is not representative of all birds that may occur in your project area. To get a list of all birds
potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) 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 or migrating in my 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 query your location using the RAIL Tool and look at the range maps
provided for birds in your area at the bottom of the profiles provided for each bird in your results. 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
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because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in
offshore areas from certain types of development or activities (e.g. offshore energy development or
longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in
particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of
rangewide concern. For more information on conservation measures you can implement to help avoid
and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and
groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean
Data Portal. The Portal also offers data and information about other taxa besides birds that may be
helpful to you in your project review. Alternately, you may download the bird model results files
underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive
Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project
webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the
year, including migration. Models relying on survey data may not include this information. For
additional information on marine bird tracking data, see the Diving Bird Study_ and the nanotag studies
or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
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.
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Coastal Barrier Resources System
Projects within the John H. Chafee Coastal Barrier Resources System (CBRS) may be
subject to the restrictions on federal expenditures and financial assistance and the
consultation requirements of the Coastal Barrier Resources Act (CBRA) (16 U.S.C. 3501 et
seq.). For more information, please contact the local Ecological Services Field Office or visit
the CBRA Consultations website. The CBRA website provides tools such as a flow chart to
help determine whether consultation is required and a template to facilitate the
consultation process.
There are no known coastal barriers at this location.
Data limitations
The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are
depicted on the official CBRS maps. The boundaries depicted in this layer are not to be considered
authoritative for in/out determinations close to a CBRS boundary (i.e., within the "CBRS Buffer Zone"
that appears as a hatched area on either side of the boundary). For projects that are very close to a
CBRS boundary but do not clearly intersect a unit, you may contact the Service for an official
determination by following the instructions here: https://www.fws.gov/service/coastal-barrier-
resources-system-property-documentation
Data exclusions
CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour (depending on the
location of the unit). The true seaward extent of the units is not shown in the CBRS data, therefore
projects in the offshore areas of units (e.g., dredging, breakwaters, offshore wind energy or oil and gas
projects) may be subject to CBRA even if they do not intersect the CBRS data. For additional
information, please contact [e-mail].
�i.
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must
undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the
individual Refuges to discuss any questions or concerns.
There are no refuge lands at this location.
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Fish hatcheries
There are no fish hatcheries at this location.
Wetlands in the National Wetlands
Inventory (NWI)
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.
Wetland information is not available at this time
This can happen when the National Wetlands Inventory (NWI) map service is unavailable,
or for very large projects that intersect many wetland areas. Try again, or visit the NWI
map to view wetlands at this location.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis
of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography.
A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any
particular site may result in revision of the wetland boundaries or classification established through
image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the
image analysts, the amount and quality of the collateral data and the amount of ground truth
verification work conducted. Metadata should be consulted to determine the date of the source
imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work.
There may be occasional differences in polygon boundaries or classifications between the information
depicted on the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of
aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or
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submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and
nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also
been excluded from the inventory. These habitats, because of their depth, go undetected by aerial
imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe
wetlands in a different manner than that used in this inventory. There is no attempt, in either the
design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state,
or local government or to establish the geographical scope of the regulatory programs of government
agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland
areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency
regulatory programs and proprietary jurisdictions that may affect such activities.
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