Attachment 5 - VAMC Omaha PT and Prostetics_Simple CATEX_20200402 (002) (002).pdf

Project: Location: Date:

Project Num.

Type of Project:

� Operation and Maintenance Activities

� Repairs/ Renovation Project

� New Construction Project

� Lease

� Other Level of NEPA Analysis:

� Categorical Exclusion

� Environmental Assessment Needed

� Environmental Impact Statement Needed

Other Environmental Permits/Analysis Needed:

DETERMINATION

Recommended by: __________________________Project Mgt Date: ____________

Approved by: __________________________ GEMS Date: ____________

Omaha VAMC Construct Physical Therapy and Prosthetics Building

Omaha, Nebraska 4/2/2020

636-503

Applicable Categorical Exclusions:

5. Interior construction or renovation;

6. New construction of 75,000 gross square feet or less;

9. Leases, licenses, permits, and easements.

Project Description:

This project proposes to construct a new Physical Therapy and Prosthetics Building on to the existing Ambulatory Care Center Building.

The proposed project consists of construction of a main floor and basement mechanical room. Some utilities would be relocated as part of the proposed action.

Additional detail is summarized in the attached memo.

See memo

� I find the proposed project qualifies as a CATEGORICAL EXCLUSION with no extraordinary circumstances. Specify which CATEX: 5, 6, 9

� I find that the proposed project MAY have a significant effect on the environment; therefore, an ENVIRONMENTAL ASSESSMENT will be prepared.

� EIS

13605 1st Avenue North #100, Plymouth, MN 55441 P 763.412.4000 F 763.412.4090 ae-mn.com

Construct Physical Therapy and Prosthetics Building National Environmental Policy Act Categorical Exclusion (Simple) VA Project Number: 636-503 Anderson Project Number: 15505

MEMORANDUM

To: Robert Venner Facilities Engineering, Projects Section

MS 138

4101 Woolworth Drive Omaha, NE 68105 402.995.5852

From: Alex Yellick, Environmental Associate Anderson 13605 1st Avenue North, Suite 100 Plymouth, MN 55441 763.412.4051

Issue Date: 4/2/2020 Copies To:

The purpose of this memorandum is to evaluate the required level of environmental review under NEPA Interim Guidance for Projects (PG-18-17) for the proposed Physical Therapy and Prosthetics Building project at Omaha Veterans Affairs

Medical Center (Omaha VAMC) in Omaha, Douglas County, Nebraska. The project area is entirely confined within the medical center boundary.

Omaha VAMC is proposing to construct a new two-story, 28,600 square foot Physical Therapy and Prosthetics Building that would be connected to the east side of the recently constructed Ambulatory Care Center Building (ACC). A corridor would facilitate access from the ground floor of the ACC with the proposed building. Modification of the east exit of the ACC building would be necessary to accommodate this connection. The facility would house the following functions on the ground floor: reception, gym, clinic/treatment, 5,170 gallon aquatics therapy area, prosthetics and sensory area, clinic, other staff support areas, and HVAC/mechanical systems. The aquatics area would require a mechanical basement immediately below the department. A self-contained backup generator, electrical transformer, and fire hydrant will be required to be relocated. New sanitary sewer, storm sewer, domestic water, steam, and electrical switch/transformer utilities would be connected to the proposed building. In addition, an existing six-inch high pressure direct buried steam pipe and two-inch high pressure condensate pipe serving the ACC would require relocation.

The existing use of the proposed action area has been disturbed due to recent construction of the adjacent ACC building.

Limited site preparation would be required to move affected utilities. Stormwater conveyance capacity would be increased due to greater planned hardsurfaces; however, the conveyance system would remain unchanged from preconstruction condition. Limited landscaping would be installed post construction.

This project has been reviewed for potential issues that would warrant further environmental review. Areas of review include hazardous or toxic substances, threatened and endangered species, cultural resources, soil and water resources, floodplains, and permit requirements.

• The potential for hazardous or toxic substances to be encountered during the project is limited.

Construct Physical Therapy and Prosthetics Building – NEPA CATEX Memo April 2, 2020

2 | P a g e o The Nebraska Department of Environment and Energy releases database reports closure of a hydraulic oil and diesel leaking underground storage tank site in the shop area. VAMC Omaha is an archived superfund site (closed 1984) reported to not require cleanup action or further investigation. Although unlikely, should suspected contaminated materials or soils be identified within the action area during construction, appropriate health and safety measures would be initiated and the appropriate authorities would be consulted.

o Asbestos was banned in 1970 and buildings constructed prior to the ban have the potential to contain asbestos. Because existing site demolition plans call for demolition of relative recent constructed structures, asbestos is not an anticipated concern. However, should suspected asbestos-containing material be identified in the course of site work and associated utility moving activities, appropriate remediation would be required and should be completed in accordance with Nebraska state standards.

o Polychlorinated Biphenyls (PCBs) is a regulated substance and should be assumed present in fluid-filled electrical equipment unless testing or labeling proves otherwise. All electrical equipment including transformers, capacitors, and other electrical waste material suspected to contain PCBs shall be handled and disposed of in accordance with the federal Toxic Substances Control Act and Nebraska hazardous waste rules.

• U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation database list the following threatened or endangered species within the project area: northern long-eared bat, least tern, piping plover, pallid sturgeon, and the western prairie fringed orchid. In addition, migratory birds are listed. Migratory bird breeding season is May to September; bald eagle breeding season is October to August. Critical habitat is not listed within the action area. The proposed action involves ground disturbance to previously disturbed areas that do not support native vegetation. Tree removal is not part of project activities. High value terrestrial or aquatic foraging, nesting, or breeding sites are not present within the action area and it is not likely that listed threatened or endangered species are present or utilize the area. Therefore, the proposed action would have no effect on listed species and consultation with the USFWS is not required.

• Omaha VAMC is not a listed property on the National Register of Historic Places and proposed disturbance to the existing ACC building is not more than 50 years old. Properties on the National Register of Historic Places are within 0.25 mile of the proposed action; however, because the action area is shrouded by hills and trees, construction is not anticipated to adversely affect the viewshed of these historic places. Therefore, consultation with the Nebraska State Historic Preservation Office is not anticipated to be required.

• Soil and Water Resources o Construction stormwater is regulated by NPDES/Nebraska Department of Environmental and Energy for ground disturbances greater than one acre. The project would disturb greater than one acre (approximately two acres) and therefore a permit would be required.

o Site grading activities are regulated by the City of Omaha/Papillion Creek Watershed Partnership for ground disturbances greater than one acre. Coverage under the Papillion Creek Watershed Partnership General

Permit is required.

o Post-construction management of stormwater quality is regulated by the City of Omaha and plan certification is required for ground disturbances greater than 5,000 square feet. Exemptions do not apply to the project and certification of a Post-Construction Site Management Plan is required.

• Regulated Federal Emergency Management Agency floodway or floodplain zones are not present within the project area.

• Required Permits/Certification: NPDES/Nebraska Department of Environment and Energy Construction

Stormwater permit, City of Omaha grading permit, and City of Omaha post-construction site management plan certification

Construct Physical Therapy and Prosthetics Building – NEPA CATEX Memo April 2, 2020

3 | P a g e

The potential for environmental degradation is negligible. The proposed action meets VA’s categorical exclusion criteria number five, six, and nine: the proposed action would involve interior modifications of the east exit of the

ACC building, does not exceed 75,000 gross square feet of new construction, and permitting is required. In accordance with VA guidance and in compliance with 38 CFR Part 26.6(b)(1), the proposed project qualifies as a categorical exclusion with no extraordinary circumstances.

ENCLOSED

Figure 1. Proposed Action Area

USFWS Information for Planning and Consultation Official Species List

Figure 1. Omaha, Nebraska Veterans Affairs Medical Center – Proposed Action Area (Red Shaded Area).

Center Street

So u th n d S tr e e t

Woolworth Street

March 31, 2020

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Nebraska Ecological Services Field Office

9325 B South Alda Rd., Ste B Wood River, NE 68883-9565

Phone: (308) 382-6468 Fax: (308) 384-8835 http://www.fws.gov//nebraskaes

In Reply Refer To:

Consultation Code: 06E22000-2020-SLI-0185 Event Code: 06E22000-2020-E-00386 Project Name: Omaha VA Medical Center

Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project

To Whom It May Concern:

The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The 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.).

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that 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. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list.

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.

http://www.fws.gov//nebraskaes

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A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at:

http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.

Attachment(s):

Official Species List Migratory Birds Wetlands

03/31/2020 Event Code: 06E22000-2020-E-00386 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:

Nebraska Ecological Services Field Office 9325 B South Alda Rd., Ste B Wood River, NE 68883-9565

(308) 382-6468

Project Summary Consultation Code: 06E22000-2020-SLI-0185

Event Code: 06E22000-2020-E-00386

Project Name: Omaha VA Medical Center

Project Type: DEVELOPMENT

Project Description: The project involves demolition of concrete paved areas and frequently manicured, non-native turf and landscaping. The project proposes to construct a 28, 600 square foot physical therapy and prosthetics building off the east face of the existing ambulatory care center building. The area of ground disturbance is anticipated less than two acres.

Project Location:

Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/41.244385121171305N95.97317269858608W

Counties: Douglas, NE https://www.google.com/maps/place/41.244385121171305N95.97317269858608W https://www.google.com/maps/place/41.244385121171305N95.97317269858608W

03/31/2020 Event Code: 06E22000-2020-E-00386 3

1.

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 Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

Mammals

NAME STATUS

Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/9045

Threatened

Birds

NAME STATUS

Least Tern Sterna antillarum Population: interior pop.

No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/8505

Endangered

Piping Plover Charadrius melodus Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered.

There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/6039

Threatened https://www.fisheries.noaa.gov/ https://ecos.fws.gov/ecp/species/9045 https://ecos.fws.gov/ecp/species/8505 https://ecos.fws.gov/ecp/species/6039

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Fishes

NAME STATUS

Pallid Sturgeon Scaphirhynchus albus No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/7162

Endangered

Flowering Plants

NAME STATUS

Western Prairie Fringed Orchid Platanthera praeclara No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/1669

Threatened

Critical habitats

THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S

JURISDICTION.

https://ecos.fws.gov/ecp/species/7162 https://ecos.fws.gov/ecp/species/1669

2.

3.

Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act .

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.

The Migratory Birds Treaty Act of 1918.

The Bald and Golden Eagle Protection Act of 1940.

50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)

The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location.

To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below.

For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area.

NAME

BREEDING

SEASON

Bald Eagle Haliaeetus leucocephalus 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

Breeds Oct 15 to Aug 31

Lesser Yellowlegs Tringa flavipes This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/9679

Breeds elsewhere https://www.fws.gov/birds/policies-and-regulations/laws-legislations/migratory-bird-treaty-act.php https://www.fws.gov/birds/policies-and-regulations/laws-legislations/bald-and-golden-eagle-protection-act.php https://www.fws.gov/birds/management/managed-species/birds-of-conservation-concern.php https://www.fws.gov/birds/management/managed-species/birds-of-conservation-concern.php http://ebird.org/ebird/map/ http://ebird.org/ebird/map/ https://ecos.fws.gov/ecp/species/1626 https://ecos.fws.gov/ecp/species/9679

3.

NAME

BREEDING

SEASON

Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds May 10 to Sep 10

Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds elsewhere

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:

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.

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.

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 ( )

03/31/2020 Event Code: 06E22000-2020-E-00386 3 no data survey effort breeding season probability of presence

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 ( ) 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 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

Bald Eagle Non-BCC Vulnerable

Lesser Yellowlegs BCC Rangewide (CON)

Red-headed Woodpecker BCC Rangewide (CON)

Rusty Blackbird BCC Rangewide (CON)

Additional information can be found using the following links:

Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/ management/nationwidestandardconservationmeasures.pdf http://www.fws.gov/birds/management/managed-species/birds-of-conservation-concern.php http://www.fws.gov/birds/management/managed-species/birds-of-conservation-concern.php http://www.fws.gov/birds/management/managed-species/birds-of-conservation-concern.php http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/conservation-measures.php http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/conservation-measures.php http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/conservation-measures.php http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/conservation-measures.php http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf

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Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.

Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site.

What does IPaC use to generate the migratory birds potentially occurring in my specified location?

The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (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 AKN Phenology Tool.

What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location?

The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets .

Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.

How do I know if a bird is breeding, wintering, migrating or present year-round in my project area?

To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf https://www.fws.gov/birds/management/project-assessment-tools-and-guidance/conservation-measures.php https://www.fws.gov/birds/policies-and-regulations/permits.php https://www.fws.gov/birds/management/managed-species/birds-of-conservation-concern.php https://www.fws.gov/birds/management/managed-species/birds-of-conservation-concern.php http://www.avianknowledge.net/ http://www.avianknowledge.net/ https://data.pointblue.org/api/v3/annual-summaries-about-data-types.html https://data.pointblue.org/api/v3/annual-summaries-about-data-types.html https://www.fws.gov/birds/management/managed-species/eagle-management.php http://avianknowledge.net/index.php/phenology-tool/ http://www.avianknowledge.net/ https://data.pointblue.org/api/v3/annual-summaries-about-data-types.html https://www.allaboutbirds.org/guide/search/ https://www.allaboutbirds.org/guide/search/

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3.

interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area.

What are the levels of concern for migratory birds?

Migratory birds delivered through IPaC fall into the following distinct categories of concern:

"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);

"BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and "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 https://neotropical.birds.cornell.edu/Species-Account/nb/home https://www.fws.gov/birds/management/managed-species/birds-of-conservation-concern.php https://www.fws.gov/birds/management/managed-species/bald-and-golden-eagle-information.php http://www.northeastoceandata.org/data-explorer/?birds https://coastalscience.noaa.gov/project/statistical-modeling-marine-bird-distributions/ https://coastalscience.noaa.gov/project/statistical-modeling-marine-bird-distributions/ https://coastalscience.noaa.gov/project/statistical-modeling-marine-bird-distributions/ http://www.boem.gov/AT-12-02/ http://www.boem.gov/AT-13-01/ mailto:Caleb_Spiegel@fws.gov mailto:Pamela_Loring@fws.gov https://www.fws.gov/birds/policies-and-regulations/permits/need-a-permit.php

03/31/2020 Event Code: 06E22000-2020-E-00386 6 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.

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.

THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA.

http://www.fws.gov/wetlands/ http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx

Wetlands