20230119 Ver 1_More Info Received_20230223

23 February 2023
US Army Corps of Engineers
Charlotte Regulatory Field Office
Attn: Mr. Bryan Roden -Reynolds
8430 University Executive Park Drive, Suite 611
Charlotte, North Carolina 28261
NC Division of Water Resources
401 and Buffer Permitting Unit
Attn: Paul Wojoski
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: EastGroup Properties +/- 117.7 Acres
Shopton Road - Skyway Logistics Park
2928 Shopton Road, Charlotte, NC 28202
Individual Permit Application Amendment
SAW-2019-00292
Dear Bryan and Paul:
Atlas Environmental, Inc., on behalf of EastGroup Properties, Inc. (Applicant; Attn: Ron
Coffey), is submitting the following amendment to the individual permit application for
unavoidable impacts to wetlands and waters of the United States from the proposed
Skyway Logistics Park. The reason for the amendment is based on recent changes in
the compensatory mitigation ratio used in the Lower Catawba watershed (HUC
03050103). The original individual permit application was submitted January 19, 2023.
The proposed project site is located at 2928 Shopton Road, Charlotte, North Carolina,
29927. The review area includes approximately 117.7 acres in Mecklenburg County,
North Carolina. The purpose of the proposed project is to construct a high -quality, light
industrial center to support high -volume logistics for warehouse and distribution facilities
that provide goods and services to transportation hubs in the City of Charlotte and
surrounding areas.
Project History
A more complete history of the project can be found in the original individual permit
application submitted January 19, 2023.
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte
1

VIRONMENTAL
Phase 1 — Gaffney: EastGroup Properties proposed development of approximately
37.5 acres along Shopton Road at Pinecrest Drive (referred to as Gaffney). A
Preliminary Jurisdictional Determination (PJD) was stamped by the U.S. Army Corps of
Engineers (USACE) on October 5, 2020, under Action ID SAW-2020-01723.
On June 2, 2022, EastGroup Properties modified the Gaffney project to further reduce
impacts to aquatic resources. The modified project reduced the amount of permanent
impacts to 115 linear feet of stream and 0.062 acres of riparian wetlands. The modified
Nationwide permits were issued on June 10, 2022.
On June 17, 2022, EastGroup Properties purchased 460 Warm Stream credits and 0.25
Riparian Wetland credits for a total of $303,142.79 (Division of Mitigation Services
(DMS) ID# MR-07974) for impacts to aquatic resources in Phase 1.
Phase 2 — Skyway Logistics Park: EastGroup Properties proposed development of
approximately 117.7 acres along Shopton Road (referred to as Skyway Logistic Park).
The PJD for the subject property, dated October 5, 2020, under action ID: SAW-2019-
00292, identified approximately 5806 linear feet of stream channel in six streams, 17.7
acres of wetlands in 10 wetland areas, and 4.13 acres of open water in three man-made
ponds on the project site. All aquatic resources were found to be jurisdictional.
Ponds 1 and 3 were subsequently drained (beginning January 2022) and converted to
wetlands. The draining of Pond 1 also drained Pond 2. A revised PJD with updated
aquatic resources was submitted under separate letter along with the original individual
permit application.
Permanent impacts to waters from the proposed project include impacts to a portion of
two streams (CH 300 and CH 500) and five of the identified wetland areas (WL 1100,
WL 3000, WL 3100, WL 5100, and WL 5200). Portions of streams CH 100, CH 200,
and CH 300 and wetland area WL 1100 have additional minor impacts, but these
impacts are associated with the stream restoration project. Permanent impacts
associated with the proposed project total approximately 557 linear feet of stream and
0.9737 acres of wetlands. A complete list of impacts to waters and wetlands from the
proposed project are identified in Table R1.
Table R1. Proposed impacts to aquatic resources within the project review area.
Name Type Perm / Temp Linear Feet Acre
Mitigation
Required
CH 300 Stream Permanent 130 0.008
CH 500 Stream Permanent 427 0.029
CH 100 Stream Perm - Restoration 801 0.041
CH 200 Stream Perm - Restoration 53 0.003
CH 300 Stream Perm - Restoration 363 0.011
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte
X
X
2

WL 1100
WL 3000
WL 3100
WL 5100
WL 5200
WL 1100
OW 1
Wetland
Wetland
Wetland
Wetland
Wetland
Wetland
Open Water
Permanent
Permanent
Permanent
Permanent
Permanent
Temp - Restoration
Permanent
0.071
0.275
0.0997
0.001
0.527
0.498
0.060
TOTAL
Permanent
557 1.011 X
(0.9737 WL only)
Mitigation
Compensatory mitigation is required for the above listed permanent impacts. In the
original permit application, the USACE required a doubling of the compensatory
mitigation ratio to 4:1 in the Lower Catawba watershed (HUC 03050103). The rationale
for compensatory mitigation was provided in the USACE Memorandum for Record
CESAW-RG (File Number, SAW-2020-01723) related to the issuance of nationwide
permits for Phase 1 (Gaffney) of the current proposed project:
"Compensatory mitigation is required to ensure minimal adverse effect.
The project area is located within the Lower Catawba (HUC 03050103)
which is highly urban. This area has a long history of intensive land uses
which has resulted in long term degradation to aquatic resources. The
watershed has rapidly converted to developed area and impervious
surfaces since the 1970's due to the rapid expansion of the Charlotte
metropolitan area. The National Land Cover Dataset estimated that
7.697% of the watershed (HUC 03050103) consisted of impervious
surfaces in 2011. This is expected to be 8.5-9% today based on the pace
of development in the watershed since 2011. Scientific literature cited by
the USEPA Office of Water Recovery in the 09/01/2011 dated Recovery
Potential Metrics Summary Form for watershed percent impervious cover
suggests that these levels of impervious surfaces cause substantial
physical, chemical, and biological harm to the aquatic environment.
Additionally, there are currently no private mitigation banks or in -lieu fee
sites with credits available to offset losses of aquatic function from private
development in this watershed. Given the quality of the waters to be
impacted, the scarcity of similar resources in this watershed, and the
largely urban nature of the watershed, the waters within the project area
provide important aquatic resource functions to downstream waters that
are difficult to the replace. The loss of these functions in this setting and
in the proposed quantities necessitates compensatory mitigation to ensure
that cumulative impacts to onsite and downstream aquatic resources are
individually and cumulatively minimal."
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte
3

The Memorandum continued the rationale for the required compensatory mitigation
amount by stating:
"This amount of compensatory mitigation is required because the
mitigation site is located in a different watershed/8 digit HUC than the
impacted aquatic resources. The applicant failed to provide any site -
specific qualitative analysis (i.e., North Carolina Stream Assessment
Methodology and North Carolina Wetland Assessment Methodology) of
the impacted streams and wetlands. Therefore, without this site -specific
information, the Corps assumed the impacted stream and wetlands as
high quality and determined the compensatory mitigation ratio (2:1),
accordingly. In addition, the impacts are located in the Expanded Service
Area which would necessitate the need to double the compensatory
mitigation ratio due to the lack of available credits in the watershed.
Therefore the Corps is requiring a compensatory mitigation ratio of 4:1 for
the 339 linear feet of stream impacts and 0.069 acres of wetland impacts."
During a meeting of the North Carolina Association of Environmental Professionals on
February 13, 2023, guest speaker Sam Dailey (Chief, USACE Charlotte Regulatory
Field Office), said that the doubling of compensatory mitigation for impacts in the
Expanded Service Area (Lower Catawba watershed (HUC 03050103)) would no longer
be required, effectively immediately. Ms. Dailey referenced internal USACE discussions
on February 6 that led to the reduction of the compensatory mitigation ratio to 2:1.
Permanent impacts to aquatic resources in Phase 2 are 557 linear feet of stream
impacts and 0.9737 acres of wetland impacts. At a 2:1 ratio, compensatory mitigation
for permanent stream impacts would require 1114 credits. The USACE originally
agreed to accept required mitigation credits in on -site stream restoration. The applicant
has proposed to restore 1395 linear feet of stream in three reaches, including portions
of CH 100, CH 200, and CH 300. The proposed restoration of streams on -site would
satisfy the 1114 LF of stream credits needed. Any additional linear feet of stream
restored would not be required or counted in the mitigation required.
Based on the rationale in the Memorandum referenced above, a 2:1 ratio of
compensatory stream mitigation is preferable because on -site mitigation would
contribute to maintaining important waters within the project area and watershed, help
reduce the scarcity of similar resources in the watershed, and will continue to provide
important aquatic resource functions to downstream waters that are difficult to the
replace.
The applicant also has proposed to mitigate permanent impacts to wetlands based on
their quality. This rationale follows the same used in the Memorandum referenced
above. Mitigation required for the permanent impacts to wetlands in the former,
artificially created impoundments would be mitigated at a ratio of 1:1, and impacts to
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte
4

higher quality forested wetlands would be mitigated at a ratio of 2:1. Impacts to
wetlands of the former impoundments equal 0.874 acres (0.874 acres x 1 standard
mitigation multiplier = 0.874 credits), and impacts to forested wetlands equal 0.0997
acres (0.0997 acres x 2 high quality mitigation multiplier = 0.1994 credits). The
applicant proposes purchasing the combined 1.073 wetland credits through the DMS in -
lieu fee program.
Table R2. Summary of impacts and revised mitigation based on credit calculation.
Purchased Required Required
Name Type Measure Amount Credits Stream Wetland
Credits Credits
CH 100a Stream Linear Foot 115 460
CH 300 Stream Acre 0.062 0.25
CH 300 Stream Linear Foot 130 260
CH 500 Stream Linear Foot 427 854
WL 1100* Wetland Acre 0.071 0.071
WL 3000* Wetland Acre 0.275 0.275
WL 3100 Wetland Acre 0.0997 0.1994
WL 5100* Wetland Acre 0.001 0.001
WL 5200* Wetland Acre 0.527 0..527
TOTAL 0.9737 1114^ 1.073
['Required mitigation is being accomplished with on -site stream restoration.
*Denotes wetlands of former, artificially created wetlands where the 1:1 ratio is applied.]
In addition to the stream restoration, the applicant proposes to include buffers around all
aquatic resources as additional avoidance and minimization measures. Buffer
enhancement includes natural or planted buffers ranging from 30 to 100 feet (at a
minimum) depending on local ordinance. Buffer areas will be plainly marked before,
during, and after any construction activities to ensure that no encroachment occurs.
An updated IPaC is included. Northern Long Eared Bat is no longer listed for the
project area.
Thank you for your attention to the enclosed individual permit amendment request.
Please contact me if you need any additional information.
Best regards,
gem+
Jennifer L Robertson, President
[e-mail]
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte
5

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0045592
Project Name: Phase 2 (Skyway Logistics Park)
February 15, 2023
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.
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 (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be 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))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. E?ects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other

02/15/2023 2
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BA/BE can be found at the following web link:
https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines 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. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
■ Migratory Birds
■ Wetlands

02/15/2023 1
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
[phone]

02/15/2023 2
Project Summary
Project Code: 2023-0045592
Project Name: Phase 2 (Skyway Logistics Park)
Project Type: Commercial Development
Project Description: Industrial
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@35.1678225,-80.93511825857962,14z
jr.-I -{r:
Czi1iw x
' Coe k
ti �•.3 t4.
Counties: Mecklenburg County, North Carolina

02/15/2023 3
Endangered Species Act Species
There is a total of 5 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
Fisheries1, 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.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Tricolored Bat Perimyotis subflavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https://ecos.fws.gov/ecp/species/10515
Insects
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
STATUS
Candidate
STATUS
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
Schweinitz's Sunflower Helianthus schweinitzii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3849
Smooth Coneflower Echinacea laevigata
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3473
Endangered
Endangered
Threatened

02/15/2023 4
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

02/15/2023 1
USFWS National Wildlife Refuge Lands And Fish
Hatcheries
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 OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

02/15/2023
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
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
Bald Eagle Haliaeetus leucocephalus
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.
Black -billed Cuckoo Coccyzus erythropthalmus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/9399
BREEDING
SEASON
Breeds Sep 1 to
Jul 31
Breeds May 15
to Oct 10

02/15/2023 2
NAME
BREEDING
SEASON
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Eastern Whip -poor -will Antrostomus vociferus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Kentucky Warbler Oporornis formosus
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.
Breeds Mar 15
to Aug 25
Breeds May 1
to Aug 20
Breeds Apr 20
to Aug 20
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
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.

02/15/2023 3
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
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 (I)
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.
SPECIES
Bald Eagle
Non -BCC
Vulnerable
Black -billed
Cuckoo
• probability of presence breeding season 1 survey effort — no data
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
11'' +ii hill ++ +I II 111 '' ••11f Ih. ail
++++ ++++ ++++ ++++ II
I
::i 1111
+++ ++++
■ 1
++++ ++++ ++++

02/15/2023 4
BCC Rangewide
(CON)
Chimney Swift
BCC Rangewide
(CON)
Eastern Whip -poor -
will
BCC Rangewide
(CON)
Kentucky Warbler
BCC Rangewide
(CON)
Prairie Warbler
BCC Rangewide
(CON)
Prothonotary
Warbler
BCC Rangewide
(CON)
Red-headed
Woodpecker
BCC Rangewide
(CON)
Rusty Blackbird
BCC - BCR
Wood Thrush
BCC Rangewide
(CON)
++++ ++++ ++++ ++
++++ ++++ ++++ ++++ +1++
.--
1 1 1 1 II I+++1l 1111
++++ ++++ ++++ +I11 ++
++++ ++++ ++++ if1 I III +-
II++ An +A11 I] 1 1 I++
oil+++A1 1111 +.++ ++++
++++ ++++ ++++ + 1 1 I i11+
Lill Ili-
1111 1111
++++ ++++ ++++ ++++ ++++
---
++ 1 1 ++++ 1 1 1 1 1 1 1 I I 1 1
++++ ++++ ++++ ++++ ++++
+I++ +I++ ++++ ++++ ++++
111111+1 ++++ [phone] +111
++++ ++++ ++++ ++++ ++++ +11+ ++II
++H 1111 1111 ++++ ++++ ++++ ++++
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
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 or permits

02/15/2023
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 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);

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2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
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,

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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.

02/15/2023 1
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
RIVERINE
■ RSUBH
■ R2UBH
FRESHWATER POND
■ PUBHh
FRESHWATER FORESTED/SHRUB WETLAND
■ PFO1A

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IPaC User Contact Information
Agency:
Name:
Address:
Address Line
City:
State:
Zip:
Email
Phone:
Atlas Environmental
David Rabon
338 S Sharon Amity Rd
2: #411
Charlotte
NC
28211
[e-mail]
7045121206