ML24016A229
| ML24016A229 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 06/27/2023 |
| From: | US Dept of Interior, Fish & Wildlife Service |
| To: | Arlene B Office of Nuclear Material Safety and Safeguards |
| References | |
| 2023-0098374 | |
| Download: ML24016A229 (1) | |
Text
United States Department of the Interior
FISH AND WILDLIFE SERVICE Minnesota-Wisconsin Ecological Services Field Office 3815 American Blvd East Bloomington, MN 55425-1659 Phone: (952) 858-0793 Fax: (952) 646-2873
In Reply Refer To: June 27, 2023 Project Code: 2023-0098374 Project Name: Monticello Subsequent License Renewal
Subject:
List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project
To Whom It May Concern:
This response has been generated by the Information, Planning, and Conservation (IPaC) system to provide information on natural resources that could be affected by your project. The U.S. Fish and Wildlife Service (Service) provides this response under the authority of the Endangered Species Act of 1973 (16 U.S.C.
1531-1543), the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d), the Migratory Bird Treaty Act (16 U.S.C. 703-712), and the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.).
Threatened and Endangered Species 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 may be affected by your proposed project. The species list fulfills the requirement for obtaining a Technical Assistance Letter from the U.S. Fish and Wildlife Service under section 7(c) of the Endangered Species Act (Act)of1973,asamended(16U.S.C.1531et 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. Note that under 50 CFR 402.12(e) of the regulations implementingsection7oftheAct,theaccuracyofthisspecieslistshouldbeverifiedafter90days.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.
Consultation Technical Assistance Please refer to refertoourSection7websiteforguidanceandtechnicalassistance,includingstep-by-step instructionsformakingeffectsdeterminationsforeachspeciesthatmightbepresentandforspecificguidance onthefollowingtypesofprojects:projectsindevelopedareas,HUD,CDBG,EDA,USDARural Development projects, pipelines, buried utilities, telecommunications, and requests for a Conditional Letter of Map Revision (CLOMR) from FEMA.
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Werecommendrunningtheproject(ifitqualifies)throughourMinnesota-Wisconsin Federal Endangered Species Determination Key (Minnesota-Wisconsin ("D-key")).Ademonstration videoshowinghow-to access and use the determination key is available. Please note that the Minnesota-Wisconsin D-key is the third option of 3 available d-keys. D-keys are tools to help Federal agencies and other project proponents determine if their proposed action has the potential to adversely affect federally listed species and designated critical habitat. The Minnesota-Wisconsin D-key includes a structured set of questions that assists a project proponent in determining whether a proposed project qualifies for a certain predetermined consultation outcome for all federally listed species found in Minnesota and Wisconsin (except for the northern long-eared bat-see below),
whichincludesdeterminationsofnoeffectormayaffect,notlikelytoadverselyaffect."Ineachcase,the Servicehascompiledandanalyzedthebestavailableinformationonthespeciesbiologyandtheimpactsof certain activities to support these determinations.
If your completed d-key output letter shows a "No Effect" (NE) determination for all listed species, print your IPaC output letter for your files to document your compliance with the Endangered Species Act.
ForFederalprojectswithaNotLikelytoAdverselyAffect(NLAA)determination,ourconcurrencebecomes valid if you do not hear otherwise from us after a 30-day review period, as indicated in your letter.
If your d-key output letter indicates additional coordination with the Minnesota-Wisconsin Ecological Services FieldOfficeisnecessary(i.e.,yougetaMayAffectdetermination),youwillbeprovidedadditional guidance on contacting the Service to continue ESA coordination outside of the key; ESA compliance cannot beconcludedusingthekeyforMayAffectdeterminationsunlessotherwiseindicatedinyouroutputletter.
Note: Once you obtain your official species list, you are not required to continue in IPaC with d-keys, although in most cases these tools should expedite your review.If you choose to make an effects determination on your own, you may do so. If the project is a Federal Action, you may want to review our section 7 step-by-step instructions before making your determinations.
Using the IPaC Official Species List to Make No Effect and May Affect Determinations for Listed Species
- 1. IfIPaCreturnsaresultofTherearenolistedspeciesfoundwithinthevicinityoftheproject,then projectproponentscanconcludetheproposedactivitieswillhaveno effectonanyfederallylisted speciesunderServicejurisdiction.ConcurrencefromtheServiceisnotrequiredforno effectdeterminations.Nofurtherconsultationorcoordinationisrequired.Attachthislettertothedated IPaCspecieslistreportforyourrecords.
- 2. If IPaC returns one or more federally listed, proposed, or candidate species as potentially present in the actionareaoftheproposedproject-otherthanbats(seebelow)-thenprojectproponentsmust determine if proposed activities will have no effect on or may affect those species. For assistance in determining if suitable habitat for listed, candidate, or proposed species occurs within your project area orifspeciesmaybeaffectedbyprojectactivities,youcanobtainLife History Information for Listed and Candidate Speciesonourofficewebsite.If no impacts will occur to a species on the IPaC species list (e.g., there is no habitat present in the project area), the appropriate determination is no effect. No further consultation or coordination is required. Attach this letter to the dated IPaC species list report for yourrecords.
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- 3. Shouldyoudeterminethatprojectactivitiesmay affectanyfederallylisted,pleasecontactouroffice for further coordination. Letters with requests for consultation or correspondence about your project should include the Consultation Tracking Number in the header. Electronic submission is preferred.
Northern Long-Eared Bats Northern long-eared bats occur throughout Minnesota and Wisconsin and the information below may help in determining if your project may affect these species.
This species hibernates in caves or mines only during the winter. In Minnesota and Wisconsin, the hibernation season is considered to be November 1 to March 31. During the active season (April 1 to October 31) they roost in forest and woodland habitats. Suitable summer habitat for northern long-eared bats consists of a wide variety of forested/wooded habitats where they roost, forage, and travel and may also include some adjacent and interspersed non-forested habitats such as emergent wetlands and adjacent edges of agricultural fields, old fields and pastures. This includes forests and woodlots containing potential roosts (i.e., live trees and/or snags 3inchesdbhfornorthernlong-earedbatthathaveexfoliatingbark,cracks,crevices,and/orhollows),aswell as linear features such as fencerows, riparian forests, and other wooded corridors. These wooded areas may be dense or loose aggregates of trees with variable amounts of canopy closure. Individual trees may be considered suitable habitat when they exhibit the characteristics of a potential roost tree and are located within 1,000 feet (305 meters) of forested/wooded habitat. Northern long-eared bats have also been observed roosting in human-made structures, such as buildings, barns, bridges, and bat houses; therefore, these structures should also be considered potential summer habitat and evaluated for use by bats. If your project will impact caves or mines or will involve clearing forest or woodland habitat containing suitable roosting habitat, northern long-eared batscouldbeaffected.
Examplesofunsuitablehabitatinclude:
Individual trees that are greater than 1,000 feet from forested or wooded areas, Trees found in highly developed urban areas (e.g., street trees, downtown areas),
A pure stand of less than 3-inch dbh trees that are not mixed with larger trees, and A monoculture stand of shrubby vegetation with no potential roost trees.
If IPaC returns a result that northern long-eared bats are potentially present in the action area of the proposed project,projectproponentscanconcludetheproposedactivitiesmay affectthisspeciesIFoneormoreofthe following activities are proposed:
Clearing or disturbing suitable roosting habitat, as defined above, at any time of year, Any activity in or near the entrance to a cave or mine, Mining, deep excavation, or underground work within 0.25 miles of a cave or mine, Construction of one or more wind turbines, or Demolition or reconstruction of human-made structures that are known to be used by bats based on observations of roosting bats, bats emerging at dusk, or guano deposits or stains.
If none of the above activities are proposed, project proponents can conclude the proposed activities will haveno effectonthenorthernlong-earedbat.ConcurrencefromtheServiceisnotrequiredforNo
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Effectdeterminations.Nofurtherconsultationorcoordinationisrequired.AttachthislettertothedatedIPaC specieslistreportforyourrecords.
If any of the above activities are proposed,andthenorthernlong-earedbatappearsontheusersspecieslist, the federal project user will be directed to either the range-wide northern long-eared bat D-key or the Federal Highways Administration, Federal Railways Administration, and Federal Transit Administration Indiana bat/
Northern long-eared bat D-key, depending on the type of project and federal agency involvement. Similar to the Minnesota-Wisconsin D-key, these d-keys helps to determine if prohibited take might occur and, if not, will generateanautomatedverificationletter.
Please note: On November 30, 2022, the Service published a proposal final rule to reclassify the northern long-eared bat as endangered under the Endangered Species Act. On January 26, 2023, the Service published a 60-day extension for the final reclassification rule in the Federal Register, moving the effective listing date from January 30, 2023, to March 31, 2023. This extension will provide stakeholders and the public time to preview interim guidance and consultation tools before the rule becomes effective. When available, the tools willbeavailableontheServicesnorthernlong-earedbatwebsite(https://www.fws.gov/species/northern-long-eared-bat-myotis-septentrionalis). Once the final rule goes into effect on March 31, 2023, the 4(d) D-key will no longer be available (4(d) rules are not available for federally endangered species) and will be replaced with a new Range-wide NLEB D-key (range-wide d-key). For projects not completed by March 31, 2023, that were previously reviewed under the 4(d) d-key, there may be a need for reinitiation of consultation. For these ongoing projects previously reviewed under the 4(d) d-key that may result in incidental take of the northern long-eared bat, we recommend you review your project using the new range-wide d-key once available. If your project does not comply with the range-wide d-key, it may be eligible for use of the Interim (formal)
Consultation framework (framework). The framework is intended to facilitate the transition from the 4(d) rule to typical Section 7 consultation procedures for federally endangered species and will be available only until spring 2024. Again, when available, these tools (new range-wide d-key and framework) will be available on theServicesnorthern long-eared bat website.
Whooping Crane Whooping crane is designated as a non-essential experimental population in Wisconsin and consultation under Section 7(a)(2) of the Endangered Species Act is only required if project activities will occur within a National Wildlife Refuge or National Park. If project activities are proposed on lands outside of a National Wildlife Refuge or National Park, then you are not required to consult. For additional information on this designation andconsultationrequirements,pleasereviewEstablishment of a Nonessential Experimental Population of Whooping Cranes in the Eastern United States.
Other Trust Resources and Activities Bald and Golden Eagles - Although the bald eagle has been removed from the endangered species list, this species and the golden eagle are protected by the Bald and Golden Eagle Act and the Migratory Bird Treaty Act. Should bald or golden eagles occur within or near the project area please contact our office for further coordination. For communication and wind energy projects, please refer to additional guidelines below.
Migratory Birds - The Migratory Bird Treaty Act (MBTA) prohibits the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests, except when specifically authorized by the Service. The Service has the responsibility under the MBTA to proactively prevent the
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mortality of migratory birds whenever possible and we encourage implementation of recommendations that minimize potential impacts to migratory birds. Such measures include clearing forested habitat outside the nesting season (generally March 1 to August 31) or conducting nest surveys prior to clearing to avoid injury to eggs or nestlings.
Communication Towers - Construction of new communications towers (including radio, television, cellular, and microwave) creates a potentially significant impact on migratory birds, especially some 350 species of night-migratingbirds.However,theServicehasdevelopedvoluntary guidelines for minimizing impacts.
Transmission Lines - Migratory birds, especially large species with long wingspans, heavy bodies, and poor maneuverability can also collide with power lines. In addition, mortality can occur when birds, particularly hawks, eagles, kites, falcons, and owls, attempt to perch on uninsulated or unguarded power poles. To minimizetheserisks,pleaserefertoguidelinesdevelopedbytheAvianPowerLineInteractionCommitteeand the Service. Implementation of these measures is especially important along sections of lines adjacent to wetlands or other areas that support large numbers of raptors and migratory birds.
Wind Energy - To minimize impacts to migratory birds and bats, wind energy projects should follow the ServicesWind Energy Guidelines.Inaddition,pleaserefertotheService'sEagle Conservation Plan Guidance, which provides guidance for conserving bald and golden eagles in the course of siting, constructing, and operating wind energy facilities.
State Department of Natural Resources Coordination While it is not required for your Federal section 7 consultation, please note that additional state endangered or threatened species may also have the potential to be impacted. Please contact the Minnesota or Wisconsin Department of Natural Resources for information on state listed species that may be present in your proposed project area.
Minnesota Minnesota Department of Natural Resources - Endangered Resources Review Homepage Email: Review.NHIS@state.mn.us
Wisconsin Wisconsin Department of Natural Resources - Endangered Resources Review Homepage Email: DNRERReview@wi.gov
We appreciate your concern for threatened and endangered species. Please feel free to contact our office with questions or for additional information.
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:
Minnesota-Wisconsin Ecological Services Field Office 3815 American Blvd East Bloomington, MN 55425-1659 (952) 858-0793
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PROJECT
SUMMARY
Project Code: 2023-0098374 Project Name: Monticello Subsequent License Renewal Project Type: Power Gen - Nuclear Project
Description:
In January 2023, Xcel Energy submitted an application to the U.S.
Nuclear Regulatory Commission (NRC) requesting the NRC's renewal of the operating license no. DPR-22 for Monticello Nuclear Generating Plant, Unit 1, in Wright County, Minnesota. If approved, the renewed license would authorize Xcel Energy to continue operating Monticello h for an additional 20 years through September 8, 2050. Operating conditions would not change under license renewal, and Xcel Energy proposes no new construction, tree removal, or ground-disturbing activities as part of the license renewal.
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@45.330964949999995,-93.8315358371581,14z
Counties: Sherburne and Wright counties, Minnesota
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ENDANGERED SPECIES ACT SPECIES There is a total of 4 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.
- 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.
MAMMALS NAME STATUS Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https://ecos.fws.gov/ecp/species/10515
BIRDS NAME STATUS Whooping Crane Grus americana Experimental Population: U.S.A. (AL, AR, CO, FL, GA, ID, IL, IN, IA, KY, LA, MI, MN, MS, MO, NC, Population, NM, OH, SC, TN, UT, VA, WI, WV, western half of WY) Non-No critical habitat has been designated for this species. Essential Species profile: https://ecos.fws.gov/ecp/species/758
INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
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CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES.
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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.
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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 habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below.
- 1. The Migratory Birds Treaty Act of 1918.
- 2. The Bald and Golden Eagle Protection Act of 1940.
- 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY
at the top of your list to see when these birds are most likely to be present and breeding in your project area.
BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Dec 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Aug 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.
Black Tern Chlidonias niger Breeds May 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska.
https://ecos.fws.gov/ecp/species/3093
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BREEDING NAME SEASON Canada Warbler Cardellina canadensis Breeds May 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 10 and Alaska.
Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska.
Golden-winged Warbler Vermivora chrysoptera Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 20 and Alaska.
https://ecos.fws.gov/ecp/species/8745 Lesser Yellowlegs Tringa flavipes Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska.
https://ecos.fws.gov/ecp/species/9679 Long-eared Owl asio otus Breeds Mar 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 15 and Alaska.
https://ecos.fws.gov/ecp/species/3631 Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska.
Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Western Grebe aechmophorus occidentalis Breeds Jun 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 31 and Alaska.
https://ecos.fws.gov/ecp/species/6743 Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 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 ( )
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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.
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.
probabilityofpresencebreedingseasonsurveyeffortnodata
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
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Bald Eagle Non-BCC Vulnerable
Black Tern BCC Rangewide (CON)
Canada Warbler BCC Rangewide (CON)
Chimney Swift BCC Rangewide (CON)
Golden-winged Warbler BCC Rangewide (CON)
Lesser Yellowlegs BCC Rangewide (CON)
Long-eared Owl BCC Rangewide (CON)
Red-headed Woodpecker BCC Rangewide (CON)
Rusty Blackbird BCC - BCR
Western Grebe BCC Rangewide (CON)
Wood Thrush BCC Rangewide (CON)
Additional information can be found using the following links:
Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/
collections/avoiding-and-minimizing-incidental-take-migratory-birds Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.
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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.
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?
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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 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
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certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page.
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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.
WETLAND INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED.
PLEASE VISIT HTTPS://WWW.FWS.GOV/WETLANDS/DATA/MAPPER.HTML OR CONTACT THE FIELD OFFICE FOR FURTHER INFORMATION.
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IPAC USER CONTACT INFORMATION Agency: Nuclear Regulatory Commission Name: Briana Arlene Address:11555 Rockville Pike City: Rockville State: MD Zip: 20852 Email briana.arlene@nrc.gov Phone: 3014151042