North Rail Connector Project

Environmental Assessment

58 | Page

Appendix G – IPaC Report

USFWS Consultation Letters 
United States Department of the Interior 

FISH AND WILDLIFE SERVICE 

Mississippi Ecological Services Field Office 

6578 Dogwood View Parkway, Suite A 

Jackson, Mississippi 39213 

Phone: (601)965-4900 Fax: (601)965-4340 

IN REPLY REFER TO: 

2020-1-0837 

Mr. Michael Johnsen 

Federal Railroad Administration 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Dear Mr. Johnsen: 

March 2, 2021 

The Fish and Wildlife Service (Service) has reviewed the information in your letter dated 

February 23, 2021 , regarding the proposed Jackson County Port Authority - North Rail 

Connector Rail Line Project in Jackson County, Mississippi. Our comments are submitted in 

accordance with the Endangered Species Act (ESA) (87 Stat. 884, as amended; 16 U.S.C. 1531 

et seq.). 

Based on the information provided in your letter, the Service concurs with your determination 

that the proposed project "may affect, but is not likely to adversely affect" the Alabama redbellied turtle. Although there will be minor impacts to foraging habitat associated with bridge 

pilings and abutments, the effects of the action on this species are expected to be insignificant. 

No further consultation under the ESA is required with this office unless there are changes in the 

scope or location of the proposed project. 

If you have any questions, please contact David Felder of our office, telephone: (601) 321-1131. 

Sincerely, 

Stephen M. Ricks 

Field Supervisor 

Mississippi Field Office
U.S. Department 

of Transportation 

Federal Railroad 

Administration 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

February 23, 2021 

Mr. David Felder 

U.S. Fish and Wildlife Service 

6578 Dogwood View Parkway, Suite A 

Jackson,MS 39213 

Re: Project Review Request - Section 7, Endangered Species Act 

Jackson County Port Authority - North Rail Connector Rail Line, Moss Point, Mississippi 

Dear Mr. Felder: 

The Federal Rail Administration (FRA) chose Jackson County Port Authority (JCPA) to receive 

grant funding for the North Rail Connector Project in Jackson County, Mississippi (the Proposed 

Project). The FRA is preparing an Environmental Assessment for the Proposed Project in 

accordance with the National Environmental Policy Act (NEPA). Pursuant to 16 U.S.C Section 

1536 (Section 7 of the Endangered Species Act) and its implementing regulation (50 Code of 

Federal Regulation [CFR] part 17) "Endangered and Threatened Wildlife and Plants," this letter is 

being transmitted to present project findings. FRA finds the Proposed Project would not likely 

adversely affect the Alabama Red Bellied Turtle (Pseudemys alabamensis) and requests 

concurrence from the US Fish and Wildlife Service (USFWS). 

Project Background 

JCPA proposes to construct the North Rail Connector, a rail line that would connect an existing 

rail owned by Mississippi Export Railroad (MSE) that crosses over the Escatawpa River in Moss 

Point, Mississippi to an existing JCP A-owned rail line that crosses through the Moss Point 

Industrial and Technology Complex and provides access to the Port of Pascagoula, Bayou Casotte 

Harbor. 

The location of the Proposed Project would be in Section 19, Township 7 South, and Range 5 West 

of Jackson County, MS. The approximate center point of the proposed rail is at 30.415546 degrees 

latitude and -88.514452 degrees longitude. The new rail would extend from mile post 2.89 

(30.251207/-88.310005) on the north and extend to mile post 2.05 (30.413308/-88.508269) on the 

east where it would join existing rail. A topographic map, a Habitat Map/Wetland Map and 

preliminary site plans are provided for your information (Figure 1, Figure 2 and Attachment 

!(Figures 2.0-2.3). 

The Proposed Project would be approximately 3,659 linear feet with 2,852 feet of elevated rail and 

807 feet of rail constructed on fill or existing uplands. There would be approximately 2,649 cubic
yards of fill at the pile abutments for the elevated rail and in an area of estuarine wetlands. 

Approximately 0.90 acres of wetlands will be filled associated with the project. An existing grade 

crossing on Orange Grove Road would be relocated approximately 50 feet to the west to allow for 

the curve needed to accommodate the train lengths and speed. The existing MSE rail at the west 

end would need to be adjusted to allow inse1tion of a turn out to join with the new elevated rail 

line. For construction, a laydown yard would be established within the MPITC in an area that was 

recently used for the same purpose. The laydown yard would be approximately 1 acre in size, and 

not located within a wetland. 

The Proposed Project is a modification of a previously permitted rail connector that was proposed 

to be constructed on fill crossing over the marsh. Based on constructability and costs, and desire 

to minimize environmental impacts, the layout was changed to cross over a shorter footprint of 

marsh and uplands. JCPA previously col'J'esponded with USFWS Mississippi Ecological Services 

Field Office. The previous col'J'espondence indicated that the Alabama Red Bellied Turtle could 

be in the project area. Based on a visual survey for the Alabama Red Bellied Turtle the USFWS 

concluded that the project was not likely to adversely effect the Alabama Red Bellied Turtle. A 

copy of the correspondence from USFWS for the previous project footprint is attached 

(Attachment 2). 

Project Purpose and Need 

The purpose of the Proposed Project is to provide additional railroad capacity and connectivity 

between existing infrastructure to support the growing needs of the P01t of Pascagoula, Bayou 

Casotte Harbor. Cul'J'ently, freight trains that travel from the north on the MSE line must pass 

through downtown Moss Point and Pascagoula to the Pascagoula Interchange to join CSX rail. 

This operation regularly blocks vehicular traffic and creates delays at four major roadway 

intersections. Also, the curve alignment from the existing MSE line entering into the MPITC is 

too tight for the expected length of train to travel through that area safely. The Proposed Project is 

needed to remove operational conflicts between railroads, reduce congestion, and accommodate 

the proposed restoration of passenger rail service. 

Project Investigation 

The USFWS Information and Planning Consultation (IPaC) Tool was used to determine the 

potential for any federal threatened and endangered species that may occur in the proposed project 

location, and/or may be affected by the proposed activities. Attachment 3 contains the IPaC 

Species List generated for the project area. No critical habitats were identified, however, thirteen 

endangered, threatened or candidate species were listed as potentially within the project area. 

Review of this list indicated that only the Alabama Red Bellied Tmtle (Pseudemys alabamensis) 

could potentially be present within the project area. 

Alabama Red Bellied Turtle - The Alabama Red Bellied Tu1tle is a large (20 to 25 centimeters 

carapace length) freshwater and brackish water turtle found in waters with submerged and 

emergent vegetation, typically in channels with little current bordered by extensive marshes 

comprised principally of black needle rush (Juncus roemerianus) and sawgrass (Cladium spp.). 

The turtle normally has an orange to reddish plastron and a prominent notch at the tip of the upper
jaw, bordered on either side by a toothlike cusp. The elongated carapace is highly arched and 

elevated along the mid line; its highest point is often anterior to the mid body where the carapace is 

widest. The carapace is brown to olive, with yellow, orange, or reddish streaks and mottling that 

form distinct, light vertical bars on the pleural scutes. The skin is olive to black with yellow to 

light orange stripes. The Alabama red-bellied turtle seems to feed almost entirely on aquatic plants. 

They can be found in varied ecosystems, including brackish marshes, cypress swamps, oxbows, 

lakes, ponds, bayous, rivers, cattail swamps, and tidally influenced streams and channels. The 

primary requirement for the species appears to be the existence of suitable foraging habitat, which 

is typically associated with submergent and emergent vegetation such as watermilfoil 

(Myriophyllum spp.), pondweed (Potamogeton spp.), or eelgrass (Vallisneria spp.) bordering the 

waterbodies. When it was designated the state reptile, the Alabama red-bellied turtle was thought 

to be endemic, meaning found nowhere else in the world. In recent years, however, a population 

was discovered in the Pascagoula River of southeastern Mississippi. 

Females lay eggs between May 14 and August I on land bordering coastal rivers and marshes, 

typically in loamy sand and heavier siltier substrate typically within 600 feet of the shoreline or 

marsh. Nesting habitat includes open, patchy forest of maritime live oak or longleaf pine, usually 

within the drip line oflarge trees, and sometimes at the base of the tree trunk. Most nest sites appear 

to receive less than 50 percent sunlight. 

The Alabama red-bellied turtle was placed on the USFWS Endangered Species List in 1987 and 

is of the highest conservation concern. It is also protected under the Nongame Species Regulation 

by the Alabama Department of Conservation and Natural Resources. 

Potential measures to protect the ARBT include; 

I. Avoid placing "hard" structures (bulkheads, etc.) at the water's edge that may prevent turtle 

migration to nesting sites. Applicants may also consider natural/nature-based features, 

when appropriate, that do not prevent turtle migration to nesting sites (e.g. living 

shorelines). 

2. Land disturbing activities within 600 feet of the shoreline (potential nesting habitat) should 

occur during the non-nesting season (November I st - April 30th). 

3. Impacts to turtle nests may be minimized during nesting season (May I st - October 31st) 

by conducting construction activities from the water (e.g. docks, piers, and other similar 

structures). 

4. Removal of in-stream woody debris (basking material) and submerged and emergent 

vegetation should be avoided to the maximum extent practicable. 

5. Avoid dredging projects that contribute to salt water intrusion into turtle habitat(< 5ppt 

salinity). 

The Proposed Project area does include marsh vegetation including black needle rush and saw 

grass. The proposed rail will be constructed over the marsh on elevated pilings and will only 

impact marsh at the pilings and abutments. There will be minimal impediments to foraging, 

swimming and sunning caused by the elevated rail. In addition, the tu1tles may avoid the area 

during construction which will be constructed either from land or from existing rail. A portion of 

the rail will be constructed on uplands and on a small area of marsh that will be filled. This impact 

will be offset by creation of suitable marsh habitat. A Permittee Responsible Mitigation Plan is
being prepared for the Project. A draft copy of the PRM Plan will be provided under separate 

cover. Therefore, it does not appear, that the project will have an adverse effect on the Alabama 

Red Bellied Turtle. 

Other Species - Based on review of the IPaC Official Species list, other species on the list do not 

appear to have the potential to be affected by the proiect. Information regarding these additional 

species is provided below. 

Wood Stork - (from https://www.fws.gov/northflorida/Species-Accounts/Wood-stork-2005.htm) 

Wood storks are large, long-legged wading birds, about 45 inches tall, with a wingspan of 60 to 

65 inches. The plumage is white except for black primaries and secondaries and a short black tail. 

The head and neck are largely unfeathered and dark gray in color. The bill is black, thick at the 

base, and slightly decurved. Immature birds have dingy gray feathers on their head and a yellowish 

bill. The wood stork is a highly colonial species usually nesting in large rookeries and feeding in 

flocks. Nesting has been restricted to Florida, Georgia, and South Carolina but storks move 

northward after breeding. Birds from the southeastern United States population moving as far n01th 

as North Carolina on the Atlantic coast and into Alabama and eastern Mississippi along the Gulf 

coast. There have been occasional sightings in all States along and east of the Mississippi River, 

and sporadic sightings in some States west of the Mississippi and in Ontario. 

The current population of adult birds is difficult to estimate, since not all nest each year. Presently, 

the wood stork breeding population is believed to be greater than 8,000 nesting pairs (16,000 

breeding adults). 

Storks are birds of freshwater and estuarine wetlands, primarily nesting in cypress or mangrove 

swamps. They feed in freshwater marshes, narrow tidal creeks, or flooded tidal pools. Particularly 

attractive feeding sites are depressions in marshes or swamps where fish become concentrated 

during periods of falling water levels. Since the project area is not nesting habitat for the wood 

stork, and may only be used for foraging, the wood stork is likely to avoid the area during 

construction and may return after construction activities are complete. Therefore, it does not 

appear that the proposed Project will have an adverse effect on the wood stork. 

Sea Turtles 

Sea turtles including the Green Sea Turtle (Chelonia mydas), the Hawksbill Sea Turtle 

(Erectmochelys imbricata), the Kemp's Ridley Sea Turtle (Lepidochelys kempii), the Leatherback 

Sea Turtle (Dermochelyls coriacea), and the Loggerhead Sea Turtle (Caretta caretta) are listed as 

potentially within the Project area. Review of the preferred habitat for these species, indicate that 

it is not likely that they are present. The Project area is located approximately 10 miles upstream 

from the confluence of the Pascagoula River and the Mississippi Sound. They are not known to 

be present in the Escatawpa River and would not be present in the shallow marsh habitat in the 

project area. 

Black Rail 

The Eastern Black Rail is not known to be in the project area and would not nest in the marsh 

habitat due to the tidal range that would flood nests in the marsh. Adults could avoid the area 

during construction activities.
Mississippi Sand Hill Crane 

The Mississippi Sandhill Crane may forage in the shallow m,irsh but could avoid the area during 

construction. The area does not provide suitable nesting habitat for the Mississippi Sandhill Crane. 

Dusky Gopher Frog 

The Dusky Gopher Frog makes its home in several isolated ponds and would not be present in the 

project area. 

Louisiana Quill Wort 

The project area does not provide habitat for the Louisiana Quillwort that prefers shallow, slow 

moving, meandering streams. 

Yellow-blotched Map Turtle 

The Yellow -blotched Map Turtle prefers riverine habitat with open canopy allowing for several 

hours of sunshine per day. They prefer a moderate current, a sand or clay substrate, sand bars and 

beaches for nesting. 

Findings 

Since the Proposed Project is located within the same marsh area and similar uplands to the 

previously reviewed project (Attachment 2), it appears that the conclusions concerning the impacts 

would be similar. In addition, JCPA has reduced the proposed impacts by revising the rail layout 

and will mitigate for unavoidable impacts through the measures mentioned in this letter and by 

preparation and implementation of permittee responsible mitigation. 

FRA requests USFWS concurrence on our finding of not likely to adversely affect the Alabama 

Red Bellied Turtle and no potential to affect for the other species for the Proposed Project within 

30 days from the date on this letter. If you need any additional information, please contact Amanda 

Murphy, FRA Environmental Protection Specialist at Amanda.murphy2@dot.gov. Thank you for 

your cooperation on this important project. 

Sincerely, 

MICHAELM 

JOHNSEN 

Michael Johnsen 

Digitally signed by MICHAEL M 

JOHNSEN 

Date: 2021.02.23 15:52:00 -05'00' 

Supervisory Environmental Protection Specialist 

Federal Railroad Administration 

cc. Mark McAndrews, Jackson County Port Authority 

Amanda Murphy, FRA
Figures 

Figure I - Topographic Map 

Figure 2 - Habitat Map/Wetland Map 

Attachments 

Attachment I - Preliminary Site Plans (C2.0- C2.3) 

Attachment 2 - Correspondence for Previous Footprint 

Attachment 3 - !PaC Species List
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0 Im~, AS NOTED PORT OF PASCAGOULA RESTORE PROJECT iM)ji COMPTON ENGINEERING INC, i3⁄4~,i ~"·- m_-_051 ...... NORTH RAIL CONNECTOR PLANNING ASSISTANCE nx;imru~G. su~VfllNG & El,v!W-:,:-:rnTAL ~ERVICES ,'.'l,":c-;:c;.~. g~it~Y, \~~IT? NORTH RAIL CONNECTOR - PLAN & PROFILE ; a~~~~,\ 1 ; 

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Wildlife Solutions, Inc. 

Phone: 251-591-2682 

-88.512122 30.41418 1 Decimal Degrees 
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United States Department of the Interior 

FISH AND WILDLIFE SERVICE 

Mississippi Ecological Se1vices 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/end5D.html 

In Reply Refer To: 

Consultation Code: 04EM1000-2021-SLI-0498 

Event Code: 04EM1000-2021-E-01125 

Project Name: North Rail Connector 

February 15, 2021 

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: 

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)(l) 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.
02/15/2021 Event Code: 04EM1000-2021-E-01125 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/pdffIOC-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. Submit consultation requests electronically to the following email: 

msfosection7consultation@fws.gov 

Attachment(s): 

• Official Species List 

USFWS National Wildlife Refuges and Fish Hatcheries 

Migratory Birds 

Wetlands
02/15/2021 Event Code: 04EM1000-2021-E-01125 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: 

Mississippi Ecological Services Field Office 

6578 Dogwood View Parkway, Suite A 

Jackson, MS 39213-7856 

(601) 965-4900 
02/15/2021 Event Code: 04EM1000-2021-E-01125 2 

Project Summary 

Consultation Code: 04EM1000-2021-SLI-0498 

Event Code: 04EM1000-2021-E-01125 

Project Name: North Rail Connector 

Project Type: Federal Grant/ Loan Related 

Project Description: Construct an elevated rail line over estuarine marsh (brackish) with fill at 

pile abutments and a short length of rail on fill through wetlands. Total 

marsh impacts are 0.90 acres. Total length of elevated rail is 2,852 feet 

and rail on fill is 807 feet for total length of 3,659 linear feet. There will 

be approximately 2,549 cubic yards of fill. 

Project Location: 

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

www.google.com/maps/@30.41555605,-88.51355341480986,l4z 

I 

. I I 

I 

Counties: Jackson County, Mississippi 
02/15/2021 Event Code: 04EM1000-2021-E-01125 3 

Endangered Species Act Species 

There is a total of 13 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 

Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened 

No critical habitat has been designated for this species. 

Species profile: https://ecos.fws.gov/ecp/species/10477 

Mississippi Sandhill Crane Grus canadensis pulla Endangered 

There is final critical habitat for this species. The location of the critical habitat is not available. 

Species profile: https://ecos.fws.gov/ecp/species/1222 

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
02/15/2021 Event Code: 04EM1000-2021-E-01125 4 

Reptiles 

NAME 

Alabama Red-bellied Turtle Pseudemys alabamensis 

No critical habitat has been designated for this species. 

Species profile: https://ecos.fws.gov/ecp/species/1494 

Gopher Tortoise Gopherus polyphemus 

Population: West of Mobile and Tombigbee Rivers 

No critical habitat has been designated for this species. 

Species profile: https://ecos.fws.gov/ecp/species/6994 

Green Sea Turtle Chelonia mydas 

Population: North Atlantic DPS 

There is final critical habitat for this species. The location of the critical habitat is not available. 

Species profile: https://ecos.fws.gov/ecp/species/6199 

Hawksbill Sea Turtle Eretmochelys imbricata 

There is final critical habitat for this species. The location of the critical habitat is not available. 

Species profile: https://ecos. fws.gov/ecp/species/3656 

Kemp's Ridley Sea Turtle Lepidochelys kempii

There is proposed critical habitat for this species. The location of the critical habitat is not 

available. 

Species profile: https://ecos.fws.gov/ecp/species/5523 

STATUS 

Endangered 

Threatened 

Threatened 

Endangered 

Endangered 

Leatherback Sea Turtle Dermochelys coriacea Endangered 

There is final critical habitat for this species. The location of the critical habitat is not available. 

Species profile: https://ecos.fws.gov/ecp/species/1493 

Loggerhead Sea Turtle Caretta caretta Threatened 

Population: Northwest Atlantic Ocean DPS 

There is final critical habitat for this species. The location of the critical habitat is not available. 

Species profile: https://ecos.fws.gov/ecp/species/1110 

Yellow-blotched Map Turtle Graptemys flavimaculata 

No critical habitat has been designated for this species. 

Species profile: https://ecos.fws.gov/ecp/species/7730 

Amphibians 

NAME 

Dusky Gopher Frog Rana sevosa 

There is final critical habitat for this species. The location of the critical habitat is not available. 

Species profile: https://ecos.fws.gov/ecp/species/5600 

Ferns and Allies 

NAME 

Louisiana Quillwort Isoetes louisianensis 

No critical habitat has been designated for this species. 

Species profile: https://ecos.fws.gov/ecp/species/7756 

Threatened 

STATUS 

Endangered 

STATUS 

Endangered 
02/15/2021 Event Code: 04EM1000-2021-E-01125 5 

Critical habitats 

THERE ARE NO CRITICAL HA131TATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S 

JURISDICTION_ 
02/15/2021 Event Code: 04EM1000-2021-E-01125 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.
02/15/2021 Event Code: 04EM1000-2021-E-01125 1 

Migratory Birds 

Certain birds are protected under the Migratory Bird Treaty Act1and 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. 

NAME 

American Kestrel Falco sparverius paulus 

This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions 

(BCRs) in the continental USA 

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 

BREEDING 

SEASON ---

Breeds Apr 1 to 

Aug 31 

Breeds Sep 1 to 

Jul 31
02/15/2021 Event Code: 04EM1000-2021-E-01125 2 

NAME 

Black Skimmer Rynchops niger 

This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA 

and Alaska. 

https://ecos.fws.gov/ecp/species/5234 

BREEDING 

SEASON 

Breeds May 20 

to Sep 15 

Clapper Rail Rallus crepitans Breeds Apr 10 

This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Oct 31 

(BCRs) in the continental USA 

Least Tern Sterna antillarum Breeds Apr 20 

This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Sep 10 

(BCRs) in the continental USA 

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 

Prairie Warbler Dendroica discolor 

This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA 

and Alaska. 

Prothonotary Warbler Protonotaria citrea 

This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA 

and Alaska. 

Red-headed Woodpecker Melanerpes e,ythrocephalus 

This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA 

and Alaska. 

Seaside Sparrow Ammodramus maritimus 

This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA 

and Alaska. 

Swallow-tailed Kite Elanoides forficatus 

This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA 

and Alaska. 

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

Willet Tringa semipalmata 

This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA 

and Alaska. 

Wood Thrush Hylocichla mustelina 

This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA 

and Alaska. 

Probability Of Presence Summary 

Breeds May 1 to 

Jul 31 

Breeds Apr 1 to 

Jul 31 

Breeds May 10 

to Sep 10 

Breeds May 10 

to Aug 20 

Breeds Mar 10 

to Jun 30 

Breeds Apr 20 

to Aug 5 

Breeds May 10 

to Aug 31 

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 
02/15/2021 Event Code: 04EM1000-2021-E-01125 3 

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 yeat: (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 smvey 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 O 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 (I) 

Vertical black lines superimposed on probability of presence bars indicate the number of surveys 

performed for that species in the 10km grid cell(s) your project area overlaps. The number of 

surveys is expressed as a range, for example, 33 to 64 surveys. 

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 retnrns are based on 

all years of available data, since data in these areas is currently much more sparse.
02/15/2021 Event Code: 04EM1000-2021-E-01125 4 

SPECIES 

Bald Eagle 

Non-BCC 

Vulnerable 

Black Skimmer 

BCC Rangewide 

(CON) 

Clapper Rail 

BCC -BCR 

Least Tern 

BCC-BCR 

Lesser Yellow legs 

BCC Rangewide 

(CON) 

Prairie Warbler 

BCC Rangewide 

(CON) 

Prothonotary 

Warbler 

BCC Rangewide 

(CON) 

Red-headed 

Woodpecker 

BCC Rangewide 

(CON) 

Seaside Sparrow 

BCC Rangewide 

(CON) 

probability of presence breeding season I survey effort - no data 

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

-1- 1 

I 

++++ ++++ +[I]++ + I ++ 

Swallow-tailed Kite

BCC Rangew1 e 7 ++++ +-1-++ ++++ 

(CON) 

Willet 

BCC Rangewide 

(CON) 

SPECIES 

Wood Thrush 

BCC Rangewide 

(CON) 

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

++-1-+ ++++ + ' •I •I •

1· ++++ +-H+ 
02/15/2021 Event Code: 04EM1000-2021-E-01125 5 

Additional information can be found using the following links: 

• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ 

bi rds-o f-conservatio n-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 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 .
02/15/2021 Event Code: 04EM1000-2021-E-01125 6 

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 

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.
02/15/2021 Event Code: 04EM1000-2021-E-01125 7 

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 

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.
02/15/2021 Event Code: 04EM1000-2021-E-01125 1 

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. 

ESTUARINE AND MARINE DEEPWATER 

ElUBLx 

ElUBL 

ESTUARINE AND MARINE WETLAND 

E2EM1Nd 

E2EM1P 

E2EM1Pd 

FRESHWATER EMERGENT WETLAND 

PEMlF 

FRESHWATER FORESTED/SHRUB WETLAND 

PFO1/4Bd 

PFO1/4R 

PFO1/SS4B 

PFO4B 

PSS3/1Rd 

FRESHWATER POND 

PUBHx 

RIVERINE 

R2UBH