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HomeMy WebLinkAboutSW5240701_Wetland Determination/Report_20240702 (Keep PDF - Font Issue) SAGE ECOLOGICAL SERVICES EST. 2016 November 20, 2023 FIM Engineering Attn: Jon Frazier, PE PO Box 91727 Ra le ig h,NC 27675 RE: Environmentaland CukuralResourcesDue Diligence Report Wheaton Avenue Property Franklin County,NC Sage Project#2023.031 De a r Mr. Frazier, Sage EcologicalServices,Inc. (Sage)completed a wetland and stream evaluation and a records review of Threatened and Endangered (T&E) Species and c ultura 1 re sourc e s on the +/-2.29-acre Wheaton Avenue Property (Site) which consists of two adjoining parcels located in Youngsville, Franklin County, North Carolina. The coordinates of36.0350°N, 78.4860°W generally correspond to the centerofthe Site.The attached Figure 1 depicts the Site on the Franklinton,NC quadrangle, and Figure 2 depicts the Site on the applicable portion of the United States Department of Agriculture'sNatura1Resources Con servation Service (USDA NRCS) Soil Survey for Franklin County. The Site is located within the Upper Cedar Creek watershed (HUC 030201010401) of the Tar- Pa mlic o River Ba sin and drains to the Brandy Cre e k[C la ss B;Nutrient Sensitive Wa te rs(NSW)]. SITE DESC RII''IIO N The Site is primarily composed cleared land. A strip of mature forest is located along the northeastern and southeastern boundaries of the Site. The topography on the Site ranges from a high point of+/- 465 feet above mean sea level(msl) along the northeastern boundary to a low point of+/-455 feet above mslalong the southwestern boundary of the Site. According to the US Department of Agriculture Na tura 1 Re so urc e s Conservation Service (USDA NRC S) Soil Survey for Wa ke County,NC the Site containstypicalupland soils for the area including CecilSandy Loam. Wheaton Avenue Property 1 WETLAND, STREAM, AND RIPARIAN BUFFER REGULATIONS AND EVALUATION METHODOLOGY Wetlands and streams are regulated by the United States Army Corps of Engineers (USACE) as "waters of the United States" under Section 404 of the Clean Water Act. Section 404, as administered byUSACE, requirespermitsfordischargesofdredged or fill material into regulated "waters of the United States." As granted under Section 401 ofthe Clean Water Act, the state of North Carolina, through the NC Division ofWa te r Re so urc e s(NCDWR), also regulates disturbance activities in wetlands orotherwaters of the United States (e.g., streams, ponds, estuaries, etc.) in the state ofNorth Carolina. A wetland delineation on the Site was conducted based upon the procedures specified and described in the "Corps of Engineers Wetlands Delineation Manual" (January 1987—FinalReport) and using the current Eastern Mountains and Piedmont RegionalGuidance (Apri12012). Topographical maps, soil survey maps, and aerial maps of the Site were reviewed in order to preliminarily identify dra ina ge s whe re p ote ntia 1 stre a ms a nd wetlands mayexist. Drainageswithin the Site were evaluated using the current "NC-DWQ Stream Identification Form (Version 4.11)." This form is used to identify the stream's flow regime (i.e., ephemeral, intermittent, orperennia1) as wellasto identify ifa drainage is sub jectto rip a ria n buffe rs. In the Tar-Pamlico RiverBasin, drainage features depicted on the most recently published USGS top ographicalmapsand/or the most recently published NRCSsoilsurveymapsare subject to 50- foot riparian buffer rules. These maps were reviewed prior to conducting the fieldwork to preliminarily identify potentially buffered surface waters. A cumulative score of 19 on the previouslymentioned "NC-DWQ Stream Identification Form Version 4.11"is required for the stream to be subject to the rules.Ascore oflessthan 19 typically me ans tha t the stream isephemeraland is the re fore not subject. Upon completion of the evaluation, it was determined no surface waters are located on the Site. No features are depicted on or with 50-feet of the Site per USGS topographic map or the NRCS Soil Survey;the re fore,no buffers are pre sent on the Site.No coordination with NC DWR o r the Town ofYoungsville should be required to confirm Sage's findings. Wheaton Avenue Property 2 THREATENED AND ENDANGERED SPEC IFS Two online data sets were queried to assess known federally listed species in North Carolina. These included the NC Na tura l He rita g e Program (NC NHP) Data Exp to re r a n d US Fish &Wild life Se rvic e (USFWS)Info rm a tion forPlanning and Consultation(IPaC)web p orta lsp e c ific to the Site (Appendix C). This information was reviewed prior to conducting the fieldwork. According to the NCNHP Report dated November 10, 2023, no federally listed T&Especieswere documented on or within one mile ofthe Site. The future development of the Site should not be affected byT&Especies. STATE HISTORIC PRESERVATION O FFIC E G IS SITE REVIEW Are vie w ofthe NC State Historic Preservation Office (NC SHPO) HPO WEB GISService web site was completed prior to initiating the fieldwork to query for the presence or absence of records indicating historicallysignificantsites(e.g., structures, sites,properties, etc.)on orinclose proximity to the Site. A GIS da taba se version ofthe HPO WEB re c ords was also reviewed. The Site is not a historic property or within a historic district. Multiple historic properties are listed within 1.0 mile of the Site based on a query of the GIS file s from NCSHPO. Two National register properties, Raleigh & Gaston Ralil Corridor: NC0008 and J.B. Perry House: FK0559, are located within 1.0 mile ofthe Site. The Young sville Historic District: FK0552 is located approximately 0.8-mile southeast of the Site. The future development of the Site should not be prevented by historic properties. STATE ARC HEO I,0 G IC AL SITES Archeologicalrecordsare nottypicallyincluded in the NCSHPO database and to date there is no publicly availa.ble comprehensive listing of a rc he ologic a lsite s in North Carolina available from the Office of State Archeology (OSA). This agency compiles data on the state's legacy of artifacts through application of state and federalarchaeology laws and regulations, and by maintaining inventories of site data and collections. Currently, two regulations may apply to the project if remains or artifacts are encountered during construction. These include the Unmarked Human Burial and Human Skeletal Remains Protection Act of NC (UHBHSR), and Section 106 of the Na do n a 1 Histo ric Pre se rva do n Act (NHPA). The UHBHSR a p p lie s even in the absence o f a require d stream and wetland permit. The latter regulation is a requirement of a general condition to Nationwide Permit (NWP) 29 and NWP 39 which state that any previously unknown historic, cultural, or a rc he ologic alre ma ins or artifacts which are encountered during permitted activities require immediate notification and coordination with the applicable agency. Wheaton Avenue Property 3 CONCLUSIONS AND RECOMMENDATIONS No surface waters were found to be present on the Site. No features are depicted on or with 50- feet of the Site per USGS topographic map or the NRCS Soil Survey; therefore, no buffers are present on the Site. No coordination with NCDWRorthe Town ofYoungsville should be required to confirm Sage's findings. It is not likely that coordination with regulators will be necessary; however, some loca1planners may require coordination with USACE. No T&Especiesare documented to occuron orwithin one mile ofthe Site.The USACEmayrequire additional field surveys and/or documentation related to potential habitat for T&E species; however,the development of the Site should not be prevented by federally listed T&Especies. No historic property or historic districts are located on the Site or in adjacent properties. The proposed activities for the Site should not be affected by historic properties. Sage recommends sending a project review request to NCSHPO for comment prior to final site plan development and County review. Please contactme at (704)472-0874orRElliott@a,EcologicaLcom if you have anyquestions orneed any further assistance. Respectfully submitted: .g2/%- -62°dif Sean Clark, PWS Ryan Elliott Sage EcologicalServices, Inc. Wheaton Avenue Property 4 Sl iE PHOTO S x N > cd K1 a� it lII ' A _ r-i.,--,a r-'-� ys '-r- • * • .� f,?ems . R •'.'� -r • t `, '. d -. t A1'* ,ar " k `., tea- - a�5 1/4 ",,,,R 4 + ' -3 ,. s , "C N 4'a y r x " " tw . ,r A c Photo 1: View from the western comer *of the Site, facing east. . ` : \ ..,i. V3 v vi t'ay s . „t,, d _ y��_' y b.-��..r ,, E , 4+r , �c , r�r - ,, .,r ._,_, ,-, ,,,...,,,,„_,,p ,....„,,, ,,,.,.._,...,, ,,,,,„ „.„._.s.,-.4,2' ;....,:f'0,7,93- 'Irj.- ,,..--V �s- ��''F„� �.,� �Q.� �.. f x �-- J �•� w i' •.T �Kxwr..`'9�+18� FV R' 1�.. t'< 7--1`--L----ri,---'---/-..-t--'- itrtit4,--,-;',- -1.--'-' 10*,„-,v,,Its,-- - -•,, -•,,,,-,,ta.,., ..t,.. -....,' : 1 -!-, ,_,-.---, - $ r" ,` :"..*:, t. '' '14:11i.-,f:-,-;'0„'':',.,',;.,.,..4.-.5:.*';AT -‘, ,i- 'r--- - _ _ c V . a. r '4, ' <•,-`•••,--::,-4•4r,,1044,,,\` 1,IP-'44re i . ‘.- ' 1 '"" •Ok -'1 `-' Photo 2: Location ofData Point 1. Wheaton Avenue Property A-1 FIG URES Wheaton Avenue Property B-1 NO SURFACE WATERS DEPICTED �1 ON USGS TOPO MAP \'' 0� le .• O N . qt. = Li -, ,\ D 70 h 7k �yt D rin N • r V1 1713 v• -7L --, It` �- —, ... v -J .. t Project Study Area Map Location USGS Topographic Map Figure 1 Wheaton Avenue Property Person Vance Warren Sage Project#2023.031 I/ Durham Granville N USGS Topo MapServer, 2022 SAGE Franklin Franklinton, NC Quadrangle • Prepared by: R. Elliott Nash November 9, 2023 Wake / 1 inch=500 feet Sage Ecological Services, Inc. / Wilson 0 500 1,000 Feet Office: 919-335-6757 Cell:919-559-1537 NO SURFACE WATERS DEPICTED _ ON SOIL SURVEY MAP . . _ '-+i r aw t r _ I 0, . , 1 . liF 1 SS * _. . 1 .a" \At m 1 . All f:jil: el 6 WI ithi ' I.. , to AstilliilLik, ..40 . l'.• lit - am 44 . - .41 it ,- i A. k5r. ' • A* 1 SI rfi Ai - FI( ir'i.4 Mi ' - - .... . • ! y 11p P AP* 0 If , . • — 4 if 7, ..! ionfiii -,, . : iA.l•.. - r- ' 4 ! 116- I.1P1.I11'-1..\\•. ioilll Ir •� ;. - - 4" ._`ice 11' ` 1 1 ■ 1li IA1a M ' Al . a—_ '" -'. 1 ' . . liks )1 Illi Pi Iliiii �ippo.- r : a rp • , Iainilik jillayli ' i ill 1 r+ a It r, 'a. 1 Project Study Area . ,. , Natural Resources Conservation Service(NR#),1NCDOT Pro, ;e+ct.ATL A�S1. 4 inn •1. . '''''' SS. EP group I. '- L 1 Map Location NRCS Soil Survey Map Figure 2 Wheaton Avenue Property Person Vance Warren Sage Project#2023.031 I/ Granville N Franklin County Soil Survey, 1994 SAGE Franklin Sheet#9 - Durham • Prepared by: R. Elliott Nash November 9, 2023 Wake / 1 inch=750 feet Sage Ecological Services, Inc. / Wilson 0 750 1,500 Office: 919-335-6757 Feet Cell:919-559-1537 NO SURFACE WATERS . ' ", PRESENT ON THE SITE � ' / . 7-- , iP .' .r dip . '''• \ - lif) * • ......... . c • , `•# z r t � • ' Is � ,f r 4011 . illiglit\41 \--,..\,...__ ' .f-14 -----'\_\N...\ '":40- • i :' • �A a .. i \ 4 --'...' . t I l i'/` ` / ,.; ilk\., ''•ik _ DP1 • 4 •� A -s. .. , - .. . -t, ____ ,...., . f...1% - 1: .it' , NI> 7 '' r. ' � '� A 4 ♦' /• ��; •j •� t - 0 �r �."ir' bi i• ., • d.,'41r` i/ C• A i• - STY ,. ,• ' N; �, .� Tat :? , -1 Project Study Area \+i v. 0 Data Point Location 2' Contours • 44 a -. - - \ NNC OneMap Orthoimagery,2022 Ma• Location Wetland and Stream Sketch Map Figure 3 Person Vance WA Wheaton Avenue Property , ,_ Granville Sage Project#2023.031 N SAGE Franklin m Prepared by: R. Elliott • Durham Nash November 17, 2023 llIl 1 inch=75 feet Sage Ecological Services, Inc. IF ..A„,.. Wilson 0 75 150 Office: 919-335-6757 Feet Cell:919-559-1537 NCSHPO Data Download: 11-01-23 r°c °reamcat` http://www.ncdcr.gov ike�;tngton CI F,e�' yes ° i e�4o O h'di, 43, ea 000 sh 0 oo Raleigh&Gaston 41 ''legh P Rail Corridor °S -NC0008 SparrvaQ Maok t a- q a Ot w a F sty Jca c4 v of r °,O' 'Ad E ',#,, Po 4r11 zn CC df p o+ c ~C u G6 Baton i hw , 4ye L S. QO _1 • i Cn 1- Q M �4 = O oSSK'o Ve j o = / /y Gat 0, t n - V Youngsville 0s, iZ English — m House- Winston St ;• Youngsville Park W Wr•ton S1 FK0819 - • Z Historic District -FK0552 c I • �•• • •a•t♦#t n - t i • • J .- u - u l-�• =• E Main St Hoiden Rd �£ O z • ct• `•• •• s ,~ O Holden Rd : •t<:, AO it; Coranu f 1Ptoy • to 1 I• NP 1/ 5' J.B.Perry Z House- W Pine S N y FK0559 .St a Project Study Area SL Study List individual entry ♦ Determined Eligible- DOE • Surveyed, Gone 1-mile Buffer DOE * SL Historic District center point Surveyed Only Map Location NCSHPO Map Figure 4 Person Vance Warren Wheaton Avenue Property Granville Sage Project#2023.031 N ~ SAGE Franklin Prepared by: R. Elliott • I/ /Durham Nash January 14, 2023 Wake / 1 inch= 1,495.37 feet Sage Ecological Services, Inc. / Wilson 0 1,500 3,000 Feet Office: 919-335-6757 Cell:919-559-1537 NC NATURAL HERITAGE PRO G RAM DATABASE REPORT USFWS INFO RMATIO N FOR PLANNING AND CONSULTATION REPORT Wheaton Avenue Property C-1 [___ Roy Cooper,Governor ■`I•IM n -■ NC DEPARTMENT OF D.Reid Wilson,Secretary • ■■ ■i NATURAL AND CULTURAL RESOURCES ■ WPM Misty Buchanan Deputy Director,Natural Heritage Program NCNHDE-23944 November 10, 2023 Kim Hamlin Sage Ecological Services, Inc. 3707 Swift Drive Raleigh, NC 27606 RE: Wheaton Ave; 2023.031 Dear Kim Hamlin: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is found within the project area or is indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Di rectory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally- listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact the NCNHP at natural.heritage@dncr.nc.gov. Sincerely, NC Natural Heritage Program L EPARImEN i OF NAi URAL AN LULTURAL.khOLliii.:ES @ 121 W,JONES STREET,RALEIGH.NC 27603 • 1651 MAIL SERVICE CENTER.RALEIGH.NC 27699 ® OFC 919 707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Wheaton Ave Project No. 2023.031 November 10, 2023 NCNHDE-23944 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Dragonfly or 33749 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 Sl? Damselfly georgiana Low Rare Vascular Plant 23863 Thermopsis mollis Appalachian Golden- 1931 H 3-Medium --- Significantly G3G4 S2 banner Rare Throughout No Natural Areas are Documented Within a One-mile Radius of the Project Area Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name 1. 111116wner Owner Type Franklin County Open Space Franklin County Local Government Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on November 10,2023;source: NCNHP, Fall (October)2023. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-23944: Wheaton Ave 'ages Lr, • -o ED may` Mill Creek Dr PP,f r,:l \ Pa 3 o/A ,, Jy fie, -a m F ...I" �a� , Oy d e, m 3 1 466 ft Youngsville English Park d'• Holden Rd .%. E Main St Holden 0 Pa ,,,,Ny S J `\•`pA ,P NV a h� 5` 0.25 0.5 1 Miles S .I I I I 1 I I November 10,2023 Managed Area (MAREA) Buffered Project Boundary Project Boundary. Sources.Esn,Airbus DS,USGS,NGA NASA,CGIAR.N Robinson,NCEAS. NLS, OS, NMA, Geodatastyrelsen. Rykswaterstaal GSA Geotand FEMA. Intermap and the GIS user community Sources: Esn, HERE. Garmm. FAO. NOAA, USGS. ® OpenStreetMap contributors and the GIS User Community Page 3 of 3 11/10/23, 11:01 AM IPaC: Explore Location resources IPaC U.S. Fish &Wildlife Service IPaC resource list 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. `, v Location 3 Franklin County, North Car •' a .w %+•,\P K;) - •• S ‘‹ .../ G rs y^ 3 irk,. t9f Local office Raleigh Ecological Services Field Office k. (919) 856-4520 0 (919) 856-4556 https://ipac.ecosphere.fws.gov/location/VILK3DLGGZET7D2CACUENCDQHU/resources 1/15 11/10/23, 11:01 AM IPaC: Explore Location resources MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 \O GO https://ipac.ecosphere.fws.gov/location/VILK3DLGGZET7D2CACUENCDQHU/resources 2/15 11/10/23, 11:01 AM IPaC: Explore Location resources 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 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 species1 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 their jurisdiction. 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). https://ipac.ecosphere.fws.gov/location/VILK3DLGGZET7D2CACUENCDQHU/resources 3/15 11/10/23, 11:01 AM IPaC: Explore Location resources 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 NAME STATUS Tricolored Bat Perimyotis subflavus Proposed Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/10515 Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi 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/6772 Fishes NAME STATUS Carolina Madtom Noturus furiosus Endangered Wherever found There is final critical habitat for this species.Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/528 Clams 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 https://ipac.ecosphere.fws.gov/location/VILK3DLGGZET7D2CACUENCDQHU/resources 4/15 11/10/23, 11:01 AM IPaC: Explore Location resources Dwarf Wedgemussel Alasmidonta heterodon Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/784 Yellow Lance Elliptio lanceolata 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/4511 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 Michaux's Sumac Rhus michauxii Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/5217 Critical habitats 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. You are still required to determine if your project(s) may have effects on all above listed species. Bald & Golden Eagles https://ipac.ecosphere.fws.gov/location/VILK3DLGGZET7D2CACUENCDQHU/resources 5/15 11/10/23, 11:01 AM IPaC: Explore Location resources Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act1 and the Migratory Bird Treaty Act2. Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. Additional information can be found using the following links: • Eagle Managment https://www.fws.gov/program/eagle-management • 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 • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and- go l d e n-eagl es-may-occur-project-a cti o n There are bald and/or golden eagles in your project area. 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. 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 ( ) https://ipac.ecosphere.fws.gov/location/VILK3DLGGZET7D2CACUENCDQHU/resources 6/15 11/10/23, 11:01 AM IPaC: Explore Location resources 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: 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 (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. 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 https://ipac.ecosphere.fws.gov/location/VILK3DLGGZET7D2CACUENCDQHU/resources 7/15 11/10/23, 11:01 AM IPaC: Explore Location resources SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC BadE Eagle I I++ 1+ +1 IF F ++++ ++III III! liii ++++ III! HI! nil III! Vulnerable What does IPaC use to generate the potential presence of bald and golden eagles in my specified location? The potential for eagle presence 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).To see 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 of bald and golden eagles 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 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. Please contact your local Fish and Wildlife Service Field Office if you have questions. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act1 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 habitats3 should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. https://ipac.ecosphere.fws.gov/location/VILK3DLGGZET7D2CACUENCDQHU/resources 8/15 11/10/23, 11:01 AM IPaC: Explore Location resources 1 . The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: • Eagle Management https://www.fws.gov/program/eagle-management • 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 • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and- golden-eagles-may-occur-project-action 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. Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug 25 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. https://ipac.ecosphere.fws.gov/location/VILK3DLGGZET7D2CACUENCDQHU/resources 9/15 11/10/23, 11:01 AM IPaC: Explore Location resources Kentucky Warbler Oporornis formosus Breeds Apr 20 to Aug 20 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. 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. Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. Probability of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( ) 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: 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. https://ipac.ecosphere.fws.gov/location/VILK3DLGGZET7D2CACUENCDQHU/resources 10/15 11/10/23, 11:01 AM IPaC: Explore Location resources 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 (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. 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 1111 if++ 1+++ ++++ nil P11 liii ++++ liii flu 1111 lull Non-BCC Vulnerable Chimney Swift ++++ ++++ +++11 1111 !iiI! 1111 ♦ II "" '+''gee _ (CON) Kentucky ---- ---- ---- --�� 1111 III! 1111 Ill- ---- ---- ---- ---- BCC Rangewide (CON) Prairie Warbler I +++ ++++ ++++ ++++ 'iii MI liii I+-1-+ ++++ ++++ +�— -- BCC Rangewide (CON) https://ipac.ecosphere.fws.gov/location/VILK3DLGGZET7D2CACUENCDQHU/resources 11/15 11/10/23, 11:01 AM IPaC: Explore Location resources Prothonotary ++++ ++++ ++++ 1111 hil �-'- ++++ ++++ Warbler BCC Rangewide (CON) Red-headed +++ ++++ ++1+ +111 '++! !!J11111111 II ++ ,+++ ±+±— Woodpecker AM BCC Rangewide (CON) Wood Thrush ++++ ++++ ++++ +III flu! !!!! 11111111 +++�BCCRangewide (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 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. https://ipac.ecosphere.fws.gov/location/VILK3DLGGZET7D2CACUENCDQHU/resources 12/15 11/10/23, 11:01 AM IPaC: Explore Location resources 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 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 https://ipac.ecosphere.fws.gov/location/VILK3DLGGZET7D2CACUENCDQHU/resources 13/15 11/10/23, 11:01 AM IPaC: Explore Location resources 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. 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. 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. https://ipac.ecosphere.fws.gov/location/VILK3DLGGZET7D2CACUENCDQHU/resources 14/15 11/10/23, 11:01 AM IPaC: Explore Location resources 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 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. https://ipac.ecosphere.fws.gov/location/VILK3DLGGZET7D2CACUENCDQHU/resources 15/15