Report 1_NEPA_CE.pdf

EFLHD NEPA Categorical Exclusion Form

NP-NATR 3D34, 3E15

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: NP-NATR 3D34, 3E15 Date: 10/3/2019

Project Name: Natchez Trace Parkway Pavement Rehabilitation from Mile Post (MP) 251 to MP 266.37, Including Ramps, Access Roads, Parking Areas, and Other Miscellaneous Work

Location: Pontotoc and Lee Counties, Mississippi

CE Category 23 CFR 771.117 (c)(22): Projects, as defined in 23 U.S.C. 101, that would take place entirely within the existing operational right-of-way [...]

See 23 CFR 771.117 for full description of CE categories, including additional requirements when applying (c)26-28.

Project Description The National Park Service (NPS), in cooperation with the Federal Highway Administration (FHWA), proposes to resurface 15.37 miles of Natchez Trace Parkway from MP 251 to MP

266.37. Project work includes 2 feet of pavement widening along the 15.37 miles of the Parkway and resurfacing pavement on ramps at Parkway intersections with Highway 78, U.S.

Route 278, SR 145, SR 76, various access roads, bridges, and parking/pull-off areas. Work includes an asphalt overlay, shoulder material, spot patching and leveling, pavement markings, raised profile edge striping at bridge approaches, and other miscellaneous work.

Environmental Commitments and Mitigation Measures For the proposed project actions to be in regulatory compliance during construction and/or project implementation, the following mitigations must be adhered to:

- Natchez Trace Parkway is a historic landscape. The paved areas at the Chickasaw Village site are part of this project. No work will take place beyond the existing pavement. No staging will be allowed at the site.

- In the event of the discovery of a Federally-listed threatened or endangered species at the project site, that will be affected by project work, work will halt and the CO and Park natural resource staff will be contacted. Work will resume once the CO and/or Park biologist gives approval to resume. If work outside of the previously defined areas becomes necessary, the CO is to be contacted prior to the start of this work.

Summary of Section 7 of the Endangered Species Act Compliance The NPS Superintendent and Interdisciplinary team reviewed the scope of work, supporting documentation, and completed Endangered Species Act consultation. The NPS determined the https://www.ecfr.gov/cgi-bin/text-idx?SID=842bb87055f89f1d0ff242f2b9e20ff7&mc=true&node=pt23.1.771&rgn=div5#se23.1.771_1117 proposed project will have no significant impacts on species listed or proposed to be listed on the List of Endangered or Threatened Species, nor will have significant impacts on designated Critical Habitat for these species.

FHWA also reviewed the project and consulted with the U.S. Fish and Wildlife Service’s (FWS) Environmental Conservation Online System (ECOS) Information for Planning and Consultation (IPaC) project planning tool. An October 2019 search in the U.S. FWS ECOS IPaC tool identified one (1) threatened Northern Long-eared Bat, one (1) threatened Wood Stork, one (1) threatened Price’s Potato-bean flowering plant, and 12 migratory birds that may occur within the boundary of the proposed project and/or may be affected by the proposed project. FHWA also determined that the project will have no effect on the species.

Summary of Section 106 of the National Historic Preservation Act Compliance The NPS completed NHPA compliance consultation in September 2019. The area of potential effect is located between MP 251 and 266.37 in Lee and Pontotoc Counties, Mississippi and encompasses all existing paved areas. Historic properties within the area includes the Parkway’s designed historic landscape. The park 106 coordinator requested reviews by the Park’s Archeologist and Historical Architect. The Park NHPA Specialist recommended a streamlined review for project activities and found no adverse effects. Per the NPS Categorical Exclusion Form, the proposed action meets all conditions for a streamlined review under Section III, “Repair/Resurfacing/Removal of Existing Roads, Trails, and Parking Areas,” of the 2008 Servicewide Programmatic Agreement for Section 106 compliance.

Additional Agency Coordination and Compliance The NPS Superintendent and Interdisciplinary team reviewed the scope of work and supporting documentation and all applicable associated compliance documentation and consultation (e.g., National Environmental Policy Act, National Historic Preservation Act (NHPA), Endangered Species Act, Clean Water Act, Clean Air Act, Wilderness Act, Tribal consultation under EO13175, other related laws and policies). FHWA reviewed species, wetlands, flood zones, and other environmental attributes regulated under the same applicable laws and regulations.

The National Park Service made the assessment of no adverse effect and categorically excluded the project from further analysis, as documented in the Categorical Exclusion Form dated September 6, 2019, under the categorical exclusion DOI 516 Departmental Manual (DM) 12.5(C)(9) Repair, resurfacing, striping, installation of traffic control devices, repair/replacement of guardrails, etc. on existing roads.

Appendix A: Environmental Checklist

Section 7 of the Endangered Species Act:

• Are Federally-listed species potentially present in the study area? ☒ Yes, see Notesi ☐ No

If Yes, effects determination:

☒ No Effect ☐ May Affect, Not Likely to Adversely Affect ☐ May Affect, Likely to Adversely Affect

Section 106 of the National Historic Preservation Act:

• Are historic properties known to be present in the study area? ☒ Yes ☐ No

If Yes, will they be impacted by the project? ☐ Yes ☒ No

• Will previously undisturbed ground be disturbed?

☒ Yes ☐ No

• Effects determination:

☐ No Historic Properties Affected ☒ No Adverse Effect ☐ Adverse Effect, MOA Executed

• Was tribal consultation completed? ☐ Yes ☒ No

Water and Wetlands:

• Section 404 of the Clean Water Act

Are impacts to Waters of the US anticipated? ☐ Yes ☒ No If Yes, approval anticipated:

☐ Nationwide Permit (NWP) ☐ Regional General Permit ☐ Individual Permit

• Section 401 of the Clean Water Act ☐ NWP certified by State ☐ Individual Certification

• Section 402 of the Clean Water Act (National Pollutant Discharge Elimination System) Will the land disturbance threshold likely be exceeded to require a permit and SWPPP?

☒ Yes ☐ No

• Is post-construction stormwater management review/approval anticipated? ☒ Yes ☐ No

• ☒ Project is consistent with Executive Order 11990, Protection of Wetlands

Floodplains:

• Is the project in a FEMA floodplain?

☒ Yes ☐ No ☐ Floodplain not mapped Proposed project actions have the potential to occur in FEMA Flood Zone AE, areas subject to inundation by the 1-percent-annual-chance flood event, and X, areas of minimal flood hazard and areas subject to inundation by the 0.2-percent-annual-chance flood hazard

• ☒ Project is consistent with Executive Order 11988, Floodplain Management Section 4(f) of the USDOT Act:

• Does the project meet the Section 4(f) exemption for Federal lands transportation facilities under Section 1119(c)(2) of MAP-21, 23 U.S.C. 138(a)? ☒ Yes ☐ No

• Is there a use of a Section 4(f) property in the study area? ☐ Yes ☒ No

If Yes: ☐ De Minimis Finding ☐ Programmatic ☐ Individual 4(f) Section 6(f) of the Land and Water Conservation Fund:

• Was the property purchased with grant funds from the Land and Water Conservation Fund?

☐ Yes ☒ No

• If Yes, was documentation of approval from National Park Service Director received for the conversion or replacement of 6(f) property? ☐ Yes ☐ No

Coastal Zone Management Act of 1972:

• Is the project in a Coastal Zone? ☐ Yes ☒ No

• If yes, will a Federal Consistency Review be completed? ☐ Yes ☐ No

Right of Way:

• Is the project completely within the transportation facility’s right-of-way? ☒ Yes ☐ No

• If no, will the project require relocations or easements? ☐ Yes ☐ No

Hazardous Waste and Materials:

• Are hazardous materials or contamination exceeding regulatory thresholds (as set by U.S. EPA, County Environmental Health, etc.) present? ☐ Yes ☒ No

• If Yes, is the nature and extent of the hazardous materials or contamination fully known? ☐ Yes ☐ No, plan for securing information provided in Notes Section 7(a) of the Wild and Scenic Rivers Act:

• Are there Wild and Scenic Rivers? ☐ Yes ☒ No ☐ Eligible If Yes, has review by the river-administering agency been completed? ☐ Yes ☐ No

Clean Air Act:

• Is the project in a non-attainment area? ☐ Yes ☒ No

If Yes, is the project on the Transportation Improvement Program(TIP)/State Implementation Plan(SIP)? ☐ Yes ☐ No

Highway Traffic and Construction Noise Regulations:

• ☐ The proposed project is a Type I project (highway on a new location, substantial horizontal or vertical alteration, new through or auxiliary lanes). Noise analysis is required.

• ☐ The proposed project is a Type II project (retrofit for noise abatement).

• ☒ The proposed project is a Type III project (noise analysis not required).

• ☐ Does not apply.

Environmental Justice and Title IV Act:

• Is an Environmental Justice population, as identified in Executive Order 12898, present?

☐ Yes, explanation provided in Notes section ☒ No

• Will the project induce disproportionately high and adverse impacts to minority, low income, or special groups? ☐ Yes, additional analysis is needed ☒ No

Farmland Protection Policy Act for Highway Projects:

• Does the project displace, require acquisition of, or require an easement from farmland?

☐ Yes ☒ No Does the project affect any other resources not listed above? Explain below and list anticipated permits:

Not applicable i Federally-listed species per U.S. Fish and Wildlife Service’s IPaC: Threatened Northern Long-eared Bat (Myotis septentrionalis), Threatened Wood Stork (Mycteria americana), Threatened Price’s Potato-bean (Apios priceana), 12 migratory birds protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act

October 02, 2019

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Mississippi Ecological Services Field Office 6578 Dogwood View Parkway, Suite A

Jackson, MS 39213-7856 Phone: (601) 965-4900 Fax: (601) 965-4340 http://www.fws.gov/mississippiES/endsp.html

In Reply Refer To:

Consultation Code: 04EM1000-2020-SLI-0002 Event Code: 04EM1000-2020-E-00004 Project Name: NATR 3D34, 3E15

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/mississippiES/endsp.html

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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 USFWS National Wildlife Refuges and Fish Hatcheries Migratory Birds Wetlands

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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:

Mississippi Ecological Services Field Office 6578 Dogwood View Parkway, Suite A Jackson, MS 39213-7856

(601) 965-4900

Project Summary Consultation Code: 04EM1000-2020-SLI-0002

Event Code: 04EM1000-2020-E-00004

Project Name: NATR 3D34, 3E15

Project Type: TRANSPORTATION

Project Description: The National Park Service (NPS), in cooperation with the Federal Highway Administration (FHWA), proposes to resurface 15.37 miles of Natchez Trace Parkway, including ramps at the Parkway intersections with U.S. Route 78, U.S. Route 278, SR 145, SR 76, various access roads and parking/pull-off areas. Proposed work on the Parkway includes 2 feet of pavement widening along the 15.37 miles of the Parkway. Work also includes an asphalt overlay, shoulder material, spot patching and leveling, pavement markings, raised profile edge striping at bridge approaches, and other miscellaneous work.

Project Location:

Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/34.236033990149664N88.76607260346384W

Counties: Lee, MS | Pontotoc, MS https://www.google.com/maps/place/34.236033990149664N88.76607260346384W https://www.google.com/maps/place/34.236033990149664N88.76607260346384W

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1.

Endangered Species Act Species There is a total of 3 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

Wood Stork Mycteria americana Population: AL, FL, GA, MS, NC, SC No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/8477

Threatened

Flowering Plants

NAME STATUS

Price''s Potato-bean Apios priceana No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/7422

Threatened https://www.fisheries.noaa.gov/ https://ecos.fws.gov/ecp/species/9045 https://ecos.fws.gov/ecp/species/8477 https://ecos.fws.gov/ecp/species/7422

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Critical habitats

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

JURISDICTION.

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.

http://www.fws.gov/refuges/

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

American Kestrel Falco sparverius paulus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA

Breeds Apr 1 to Aug 31

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 Sep 1 to Jul 31 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

NAME

BREEDING

SEASON

Dunlin Calidris alpina arcticola This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA

Breeds elsewhere

Eastern Whip-poor-will Antrostomus vociferus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds May 1 to Aug 20

Kentucky Warbler Oporornis formosus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds Apr 20 to Aug 20

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

Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds May 1 to Jul 31

Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds Apr 1 to Jul 31

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

Semipalmated Sandpiper Calidris pusilla This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds elsewhere

Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

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

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3.

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 ( ) 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.

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

American Kestrel

BCC - BCR

Bald Eagle Non-BCC Vulnerable

Dunlin

BCC - BCR

Eastern Whip-poor-will BCC Rangewide (CON)

Kentucky Warbler BCC Rangewide (CON)

Lesser Yellowlegs BCC Rangewide (CON)

Prairie Warbler BCC Rangewide (CON)

Prothonotary Warbler BCC Rangewide (CON)

Red-headed Woodpecker BCC Rangewide (CON)

Rusty Blackbird BCC Rangewide (CON)

Semipalmated Sandpiper BCC Rangewide (CON)

Wood Thrush 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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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

10/02/2019 Event Code: 04EM1000-2020-E-00004 7 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.

FRESHWATER EMERGENT WETLAND

PEM1Ax

FRESHWATER FORESTED/SHRUB WETLAND

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PFO1Fh PSS1Ax

RIVERINE

R4SBC

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R2UBHx http://www.fws.gov/wetlands/ http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=PEM1Ax https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=PFO1A https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=PFO1Fh https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=PSS1Ax https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=R4SBC https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=R5UBH https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=R2UBHx

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