ML19178A010

Email to Fws Requesting Reconcurrence on ESA Findings for WEC Cfff LRA

ML19178A010
Person / Time
Site:	Westinghouse
Issue date:	06/25/2019
From:	Jessie Quintero Office of Nuclear Material Safety and Safeguards
To:	Mccoy T Westinghouse
References
Download: ML19178A010 (24)

Text

From: Quintero, Jessie To: charleston@fws.gov; thomas_mccoy@fws.gov Cc: Grange, Briana

Subject:

REQUEST: Re-Concur on ESA Findings re: Westinghouse Columbia Fuel Fabrication Facility - FWS Log No. 2015-I-0359 Date: Tuesday, June 25, 2019 11:39:00 AM Attachments: Updated Species List - WEC CFFF April 2019.pdf Good afternoon Mr. McCoy, I wanted to update you on our review of a license renewal application from Westinghouse for its Columbia Fuel Fabrication Facility (CFFF) in Hopkins, South Carolina (FWS Log No.

2015-I-0359). The CFFF occupies about 60 acres of an ~1100 acre site. The CFFF fabricates nuclear fuel assemblies for commercial nuclear power plants. If granted, the renewed NRC license would allow the CFFF to continue to operate for an additional 40 years.

In May 2015, the NRC submitted a letter to the U.S. Fish and Wildlife Service (FWS) requesting concurrence on the NRCs determination that impacts on listed species from license renewal would be unlikely (ML15104A238). On May 20, 2015, the FWS concurred with the NRCs finding, which was equivalent to may effect, but not likely to adversely affect (ML15161A543). In July 2017, the NRC confirmed the listed species were still the same via IPAC (ML17208A668). In June 2018, the NRC published a Final Environmental Assessment (EA) and Finding of No Significant Impact (FONSI). The EA (ML18120A318) discussed the impacts on listed species (Sections 3.6 and 4.6) and included our finding under Section 7 of the ESA. Shortly after, in July 2018, the facility had an equipment leak that released contamination into the subsurface. In addition, Westinghouse was conducting additional investigations into a former buried contaminated wastewater pipe leak. As a result of these activities, the NRC decided to re-open its environmental review. The NRC intends to publish a Revised Draft EA for public review and comment. The schedule is still being developed.

In your May 2015 letter, it stated that under the ESA the potential impacts must be reconsidered if (1) new information reveals impact not previously considered, (2) if the proposed action is modified, or (3) if new species may be affected. Therefore, we would like to re-engage with FWS as a result of Westinghouses investigations into the leaks and spills. Westinghouse submitted a new environmental report in March 2019 to the NRC for its review (ML19088A100). The proposed action - 40 year license renewal - and activities have not changed. Westinghouse does not intend to construct any new buildings, however, Westinghouse will be collecting lithographic borings and installing groundwater monitoring wells as part of the site investigations. Well installation activities are short-term, cause minimal land disturbance, and once installed could be sampled several times a year.

These activities are not expected to cause any effect on the listed species that could potentially be present at the site. The NRC ran an updated IPAC report in April 2019 and the species list is the same as was considered in the June 2018 EA (see attached file).

Therefore, there are no new species that may be affected.

The NRC does not believe that site investigation activities change the NRCs previous determination that the proposed action may effect, but not likely to adversely affect the listed species. The NRC is consulting with NMFS on the sturgeon species. The NRC staff is requesting that the FWS re-concur on the NRCs ESA determination. If you have any comments or questions, please let me know. We would like to request your response within 30 days of this email. As mentioned above, the NRC intends to publish the Draft Revised EA for public comment.

Sincerely, Jessie Muir Quintero

Jessie Muir Quintero Environmental Project Manager, NMSS/FCSE/ERB U.S. Nuclear Regulatory Commission Phone: 301.415.7476 Email: Jessie.Quintero@NRC.gov Mailstop: TWFN 4-B16

3/26/2019 IPaC: Resources IPaC U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly a ected by activities in the project area. However, determining the likelihood and extent of e ects a project may have on trust resources typically requires gathering additional site-speci c (e.g., vegetation/species surveys) and project-speci c (e.g., magnitude and timing of proposed activities) information.

Below is a summary of the project information you provided and contact information for the USFWS o ce(s) with jurisdiction in the de ned project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section.

Project information NAME Westinghouse Columbia Fuel Fabrication Facility - Proposed License Renewal LOCATION Calhoun and Richland counties, South Carolina DESCRIPTION The proposed action is whether to renew Special Nuclear Materials License No. SNM-1107 for Westinghouse's Columbia Fuel Fabrication Facility for an additional 40 years of operation. The facility has operating since 1969 and fabricates low-enriched uranium fuel assemblies for commercial nuclear power plants.

Local o ce https://ecos.fws.gov/ipac/project/VINVEEZFKNBF3OFSPDFATQKPUU/resources 1/8

3/26/2019 IPaC: Resources South Carolina Ecological Services (843) 727-4707 (843) 727-4218 176 Croghan Spur Road, Suite 200 Charleston, SC 29407-7558 http://www.fws.gov/charleston/

https://ecos.fws.gov/ipac/project/VINVEEZFKNBF3OFSPDFATQKPUU/resources 2/8

3/26/2019 IPaC: Resources Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts.

The primary information used to generate this list is the known or expected range of each species.

Additional areas of in uence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly a ected by activities in that area (e.g., placing a dam upstream of a sh population, even if that sh does not occur at the dam site, may indirectly impact the species by reducing or eliminating water ow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential e ects to species, additional site-speci c and project-speci c information is often required.

Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local o ce and a species list which ful lls this requirement can only be obtained by requesting an o cial species list from either the Regulatory Review section in IPaC (see directions below) or from the local eld o ce directly.

For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an o cial species list by doing the following:

1. Log in to IPaC.

2. Go to your My Projects list.

3. Click PROJECT HOME for this project.

4. Click REQUEST SPECIES LIST.

Listed species1 and their critical habitats are managed by the Ecological Services Program of the U.S.

Fish and Wildlife Service (USFWS) and the sheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries2).

Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list.

Please contact NOAA Fisheries for species under their jurisdiction.

1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information.

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

The following species are potentially a ected by activities in this location:

Mammals NAME STATUS https://ecos.fws.gov/ipac/project/VINVEEZFKNBF3OFSPDFATQKPUU/resources 3/8

3/26/2019 IPaC: Resources Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species.

https://ecos.fws.gov/ecp/species/9045 Birds NAME STATUS Red-cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species.

https://ecos.fws.gov/ecp/species/7614 Wood Stork Mycteria americana Threatened No critical habitat has been designated for this species.

https://ecos.fws.gov/ecp/species/8477 Fishes NAME STATUS Shortnose Sturgeon Acipenser brevirostrum Endangered No critical habitat has been designated for this species.

https://ecos.fws.gov/ecp/species/6635 Clams NAME STATUS Carolina Heelsplitter Lasmigona decorata Endangered There is nal critical habitat for this species. Your location is outside the critical habitat.

https://ecos.fws.gov/ecp/species/3534 Flowering Plants NAME STATUS Canby's Dropwort Oxypolis canbyi Endangered No critical habitat has been designated for this species.

https://ecos.fws.gov/ecp/species/7738 Rough-leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species.

https://ecos.fws.gov/ecp/species/2747 Smooth Cone ower Echinacea laevigata Endangered No critical habitat has been designated for this species.

https://ecos.fws.gov/ecp/species/3473 https://ecos.fws.gov/ipac/project/VINVEEZFKNBF3OFSPDFATQKPUU/resources 4/8

3/26/2019 IPaC: Resources Critical habitats Potential e ects to critical habitat(s) in this location must be analyzed along with the endangered species themselves.

THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.

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.

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 MIGRATORY BIRD INFORMATION IS NOT AVAILABLE AT THIS TIME 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 speci ed 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.

https://ecos.fws.gov/ipac/project/VINVEEZFKNBF3OFSPDFATQKPUU/resources 5/8

3/26/2019 IPaC: Resources 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 ltered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identi ed 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 o shore 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 E-bird Explore Data Tool.

What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my speci ed 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 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 speci ed. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area.

What are the levels of concern for migratory birds?

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

1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Paci c 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 o shore areas from certain types of development or activities (e.g. o shore energy development or longline shing).

Although it is important to try to avoid and minimize impacts to all birds, e orts 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 a ected by o shore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area o the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also o ers 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 les 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.

https://ecos.fws.gov/ipac/project/VINVEEZFKNBF3OFSPDFATQKPUU/resources 6/8

3/26/2019 IPaC: Resources 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 speci ed 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 e ort (indicated by the black vertical bar) and for the existence of the no data indicator (a red horizontal bar). A high survey e ort is the key component. If the survey e ort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey e ort 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 con rm 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 con rmed. To learn more about conservation measures, visit the FAQ Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds at the bottom of your migratory bird trust resources page.

Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a

'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

THERE ARE NO REFUGE LANDS AT THIS LOCATION.

Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION.

Wetlands in the National Wetlands Inventory https://ecos.fws.gov/ipac/project/VINVEEZFKNBF3OFSPDFATQKPUU/resources 7/8

3/26/2019 IPaC: Resources 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.

WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at this location.

Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery.

Wetlands are identi ed based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classi cation established through image analysis.

The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth veri cation work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems.

Wetlands or other mapped features may have changed since the date of the imagery or eld work. There may be occasional di erences in polygon boundaries or classi cations between the information depicted on the map and the actual conditions on site.

Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuber cid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery.

Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may de ne and describe wetlands in a di erent manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to de ne the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modi cations within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning speci ed agency regulatory programs and proprietary jurisdictions that may a ect such activities.

https://ecos.fws.gov/ipac/project/VINVEEZFKNBF3OFSPDFATQKPUU/resources 8/8

United States Department of the Interior FISH AND WILDLIFE SERVICE South Carolina Ecological Services 176 Croghan Spur Road, Suite 200 Charleston, SC 29407-7558 Phone: (843) 727-4707 Fax: (843) 727-4218 http://www.fws.gov/charleston/

In Reply Refer To: April 11, 2019 Consultation Code: 04ES1000-2017-SLI-0761 Event Code: 04ES1000-2019-E-00816 Project Name: Westinghouse Columbia Fuel Fabrication Facility - Proposed License Renewal

Subject:

Updated 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.

04/11/2019 Event Code: 04ES1000-2019-E-00816 2 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

04/11/2019 Event Code: 04ES1000-2019-E-00816 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:

South Carolina Ecological Services 176 Croghan Spur Road, Suite 200 Charleston, SC 29407-7558 (843) 727-4707

04/11/2019 Event Code: 04ES1000-2019-E-00816 2 Project Summary Consultation Code: 04ES1000-2017-SLI-0761 Event Code: 04ES1000-2019-E-00816 Project Name: Westinghouse Columbia Fuel Fabrication Facility - Proposed License Renewal Project Type: ** OTHER **

Project

Description:

The proposed action is whether to renew Special Nuclear Materials License No. SNM-1107 for Westinghouse's Columbia Fuel Fabrication Facility for an additional 40 years of operation. The facility has operating since 1969 and fabricates low-enriched uranium fuel assemblies for commercial nuclear power plants.

Project Location:

Approximate location of the project can be viewed in Google Maps: https://

www.google.com/maps/place/33.855037709759046N80.93581045790029W Counties: Calhoun, SC l Richland, SC

04/11/2019 Event Code: 04ES1000-2019-E-00816 3 Endangered Species Act Species There is a total of 6 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.

Birds NAME STATUS Red-cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/7614 Wood Stork Mycteria americana Threatened 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 Clams NAME STATUS Carolina Heelsplitter Lasmigona decorata Endangered There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/3534

04/11/2019 Event Code: 04ES1000-2019-E-00816 4 Flowering Plants NAME STATUS Canby's Dropwort Oxypolis canbyi Endangered No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/7738 Rough-leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/2747 Smooth Coneflower Echinacea laevigata Endangered No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/3473 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.

04/11/2019 Event Code: 04ES1000-2019-E-00816 1 USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a

'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

04/11/2019 Event Code: 04ES1000-2019-E-00816 1 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 American Kestrel Falco sparverius paulus Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31 (BCRs) in the continental USA Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 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

04/11/2019 Event Code: 04ES1000-2019-E-00816 2 BREEDING NAME SEASON Eastern Whip-poor-will Antrostomus vociferus Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 20 and Alaska.

Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska.

Prairie Warbler Dendroica discolor Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska.

Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska.

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) throughout its range in the continental USA elsewhere and Alaska.

Swallow-tailed Kite Elanoides forficatus Breeds Mar 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jun 30 and Alaska.

https://ecos.fws.gov/ecp/species/8938 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 ( )

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

04/11/2019 Event Code: 04ES1000-2019-E-00816 3 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.

probability of presence breeding season survey effort no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel BCC - BCR

04/11/2019 Event Code: 04ES1000-2019-E-00816 4 SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non-BCC Vulnerable Eastern Whip-poor-will BCC Rangewide (CON)

Kentucky Warbler BCC Rangewide (CON)

Prairie Warbler BCC Rangewide (CON)

Prothonotary Warbler BCC Rangewide (CON)

Red-headed Woodpecker BCC Rangewide (CON)

Rusty Blackbird BCC Rangewide (CON)

Swallow-tailed Kite 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 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?

04/11/2019 Event Code: 04ES1000-2019-E-00816 5 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 E-bird Explore Data 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 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:

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

04/11/2019 Event Code: 04ES1000-2019-E-00816 6

3. "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing).

Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.

Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.

Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.

What if I have eagles on my list?

If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur.

Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ What does IPaC use to generate the migratory birds potentially occurring in my specified location. Please be aware this report provides the probability of presence of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the no data indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ Tell

04/11/2019 Event Code: 04ES1000-2019-E-00816 7 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.