Eastern North Carolina Ecological Services

Project Planning and Consultation

Before you begin: 

Ecological Services has two field offices in North Carolina. This guide is only valid for the following North Carolina counties: Alamance, Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Caswell, Chatham, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Durham, Edgecombe, Franklin, Gates, Granville, Greene, Guilford, Halifax, Harnett, Hertford, Hoke, Hyde, Johnston, Jones, Lee, Lenoir, Martin, Montgomery, Moore, Nash, New Hanover, Northampton, Onslow, Orange, Pamlico, Pasquotank, Pender, Perquimans, Person, Pitt,  Randolph, Richmond, Robeson, Rockingham, Sampson, Scotland, Tyrrell, Vance, Wake, Warren, Washington, Wayne, Wilson.  For other North Carolina counties, contact the Asheville Field Office.                   

Consultations

The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities in furtherance of the purposes of the Act. Section 7 Section 7
Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

Learn more about Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies insure that any actions they authorize, fund, or carry out, is not likely to jeopardize the existence of listed species or result in the destruction or adverse modification of designated critical habitat. This process is for such agency actions.

Industry-specific

• Solar energy
• Land-based wind
• Wind energy
• Oil and gas
• Oil and gas pipelines
• Nuclear energy
• Hydropower
• Hydrokinetic
• Geothermal
• Electric transmission lines
• Coal mining
• Biofuel 

Process Overview

This online project review process is intended for use by Federal agency personnel, applicants, consultants, or other entity needing U.S. Fish and Wildlife Service (Service) review of their project within eastern and central North Carolina. You should complete this online process before contacting our office.

The goal is for users to make accurate determinations to ensure that trust resources are considered and conserved while planning and conducting activities.

Follow this step-by-step guidance to identify:

1. Threatened and endangered species
2. Designated critical habitat

3. Other Federal trust resources that may be affected by your project.

Record important information about your project activities, potential exposure of trust resources (i.e., species or critical habitat) to each of these activities, responses to stressors, any conservation measures that are part of the project and intended to minimize or mitigate effects to trust resources, and the resulting effects of the activities on the trust resources. Use this information to formulate a biological determination in this Species Conclusions Table as you complete each step.

Upon completion of this process, send us your results and request concurrence with your determinations. When submitted to our office,  the review package developed through the process will expedite our review. We recommend that you maintain a complete copy of your correspondence with us.

The website is frequently updated to provide new species information and methods to review projects; refer to the website frequently to ensure you have the most updated information.

Quick Links to Forms:  

• Species Conclusions Table  (PDF)
• Project Review Request Letter 
• Optimal Survey Times for Plants
• Checklist for Complete Review Package
• RCW Self-certification letter
• RCW Project Review Request Letter 

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Step 1. Action Area

Determine the action area action area
All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.

Learn more about action area of the proposed project as instructed below. This action area will be drawn in Step 2 using the Service's Information, Planning and Consultation System ( IPaC IPaC
Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process

Learn more about IPaC ). Failure to correctly define the action area as instructed will result in incorrect outcomes and may not comply with the ESA.

The action area is defined by regulation as all areas to be affected directly or indirectly by the action and not merely the immediate area involved in the action (50 CFR §402.02). This analysis is not limited to the "footprint" of the action nor is it limited by the Federal agency's authority.



To determine the action area, mark the project footprint on a topographic map. Identify the range of impacts such as:

• Ground disturbance (including access roads),
• Changes in water quality and quantity (both surface and underground water)
• Air quality
• Lighting effects
• Noise disturbance

Draw a line around all the affected areas. This is the action area.

Step 2. Official Resource List

Use the Service's Information, Planning and Consultation system ( IPaC IPaC
Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process

Learn more about IPaC  ) (https://ipac.ecosphere.fws.gov/) to determine if any listed, proposed or candidate species may be present in the  action area action area
All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.

Learn more about action area . Especially if you use IPaC more than once, consider establishing an account to log in and save your projects in the system, so you may return and make changes without recreating efforts or duplicating records.  

Requesting an official species list in IPaC will create a record in the USFWS tracking system and will assist us in tracking review of the project. Make note of the IPaC Project Code and be sure to check the boxes for any applicable special authorities to assist our review. IPaC provides several tools that may be helpful for your project: a Species/Natural Resource List, a set of Determination Keys to assist in making determinations, and a Consultation Package Builder to assist in evaluating and documenting your project's potential effects on species.

After selecting the appropriate project type, request an official species list, which will include all federally listed threatened, endangered, or candidate species that may occur in the vicinity of the action area and includes a map of the action area. IPaC will also identify, migratory bird habitat, National Wildlife Refuges, hatcheries, and wetlands in the vicinity of your action area. IPaC also provides “Determination Keys” for certain agencies, types of projects, and/or species. After retrieving your species list, evaluate the project using available Determination Keys, as appropriate.  You may also wish to further evaluate the project using IPaC’s Consultation Package Builder.

Print the PDF version of this Official Resources List and other documents provided by IPaC, and add it to your project review package. After completing the steps in IPaC, exit that website and continue below.

(A) Official Species Lists are valid for 90 days. If the Official Species List species list indicates there are no listed, proposed or candidate species found in the action area, add "ESA listed species" to your species conclusions table (PDF), and put "species not present" in the conclusion column in the species conclusions table. Continue to Step 5. Until the proposed project is implemented, check IPaC every 90 days to ensure that listed, proposed or candidate species information for the action area is current. If any changes to the species list occur, you must complete this process for the newly identified species.

(B) If the Official Species List indicates listed, proposed or candidate species may be present in the action area, add all of the species on the list to the species conclusions table (PDF), and continue to Step 3.

The official species and critical habitat list should be included in your biological assessment or evaluation. All requests submitted to the Raleigh Ecological Services office must also include the Project Code identified on the Official Species List generated in IPaC.  

Note: There are Determination Keys available for some specific project types or species. These Keys can be accessed through IPaC, after receiving your official species list, by clicking on “Next Step: Determination Keys.” The following Keys are currently available for our work area and we encourage their use when applicable (there may also be draft Keys for you to try, and we are adding Keys regularly):

• Clearance to Proceed with Federally-Insured Loan and Grant Project Requests
• FHWA, FRA, FTA Programmatic Consultation for Transportation Projects affecting NLEB or Indiana Bat
• Northern Long-eared Bat Rangewide Determination Key - Due to the extremely widespread nature of northern long-eared bat, there exists national-level interim consultation guidance for addressing northern long-eared bat in project review. For more information, visit: https://www.fws.gov/species/northern-long-eared-bat-myotis-septentrionalis  
• Northern Long-eared Bat and Tricolored Bat Range-wide Determination Key

When using a Key for consultation, please include the resulting PDF with the project review request.

NOTE: Proposed species are any species of fish, wildlife or plant that is proposed in the Federal Register to be listed under section 4 of the ESA. Candidate species are species of fish, wildlife, or plants for which the Service has sufficient information to propose them as endangered or threatened under the ESA, but for which development of a proposed listing regulation is precluded by other higher priority listing activities. The Service encourages consideration of these species in the environmental review process by avoiding adverse impacts to these species. Until they are proposed for listing, candidate species are not legally protected pursuant to the ESA, therefore any actions undertaken to avoid impacts or provide protection for these species are voluntary.

Step 3 - State Coordination 

Determine whether a documented occurrence of any listed, proposed or candidate species is within the action area action area
All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.

Learn more about action area by contacting the North Carolina Natural Heritage Program (NCNHP); the agency maintains a database and has differing expertise and/or regulatory responsibility. Add any NCNHP documentation to the project review package.  Note that NCNHP often does not have data on private lands.  A lack of documented species by NCNHP does not provide assurance that the species is absent from the Action Area. 

(A) If the agency provides documentation that a federally listed, proposed or candidate species is present within the action area, add "species present" under the conclusion column for the appropriate species on the species conclusions table. If the conclusion for all species on your list is "species present," go to Step 5. Otherwise, continue to Step 4. 

(B) If there are no documented occurrences of a federally listed, proposed or candidate species within the action area and/or the State agencies do not mention a species on your list, leave the conclusions column blank in the species conclusions table and continue to Step 4. 

Link to Search: https://ncnhde.natureserve.org/ 

Step 4. Suitable Habitat

Determine whether listed, proposed, or candidate species may occur based on the habitat present within the action area action area
All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.

Learn more about action area for each species on the species conclusions table. Review the species information provided in IPaC IPaC
Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process

Learn more about IPaC , by NCNHP, and on the Service’s Environmental Conservation Online System ( ECOS ECOS
Environmental Conservation Online System (ECOS) serves a variety of reports related to FWS Threatened and Endangered Species.

Learn more about ECOS ) webpage (https://ecos.fws.gov/ecp/).  There also may be other sources of information (e.g., habitat assessments, literature, educational webpages) available to determine whether the action area contains suitable habitat for each species. 

Habitat assessments must be conducted by a qualified professional familiar with the species an their habitats. Refer to the Optimal Survey Times for Plants for additional guidance. Species surveys are valid for a certain period of time based on the species' life history. If your existing species survey is no longer valid or the survey does not include the entire action area, obtain a new survey. Handling or researching endangered plants or animals is a regulated activity. If you need a new survey, hire a qualified biologist to conduct the work. State and federal permits may be required for certain species. Federal permit information is available on the Service’s ePermits website. You can learn about the special State license and permits available by visiting the NC Wildlife Resources Commission's (NCWRC) website. If you have questions, contact the NCWRC's Regulated Activities Permit Section at RAPS@ncwildlife.org or call them at 919-707-0061.

(A) If you can confirm suitable habitat is absent within the action area, add "no suitable habitat present" to the conclusion column in the species conclusions table for the appropriate species, and document what source(s) of information you consulted and why you reached that conclusion in the notes/documentation column of the species conclusions table. Add this documentation to your project review package.

(B) If there may be suitable habitat for a listed/proposed/candidate species or if you are uncertain about whether the habitat types may support any listed/proposed/candidate species, a detailed habitat assessment is recommended. If the habitat assessment concludes suitable habitat is absent, add "no suitable habitat present" to the conclusion column in the species conclusions table for the appropriate species, and include why you reached that conclusion in the notes/documentation column of the species conclusions table. Add the habitat assessment to the project review package.

(C) If suitable habitat occurs within the action area, species surveys are recommended. Surveys must be conducted by a qualified, permitted biologist familiar with the species, following the survey guidance for each species that may be present. 

If surveys document that a species is present, add "species present" to the conclusion column in the species conclusions table for the appropriate species. Add the survey report to the project review package.

If surveys fail to detect a species in the action area, add "suitable habitat present, species not detected" to the conclusion column in the species conclusions table for the appropriate species. Add the survey report to the project review package.

(D) If surveys are not conducted and potential habitat occurs with action area, add "potential habitat present and no current survey conducted" to the conclusion column in the species conclusions table for the appropriate species.

Conclusions should be filled in for all species at this point. If there are species on your list without conclusions, return to Step 3 and continue through the review process until you have the appropriate conclusion for each species.  When all conclusions are complete, continue to Step 5

Step 5. Critical Habitat

The following species have designated Critical Habitat in North Carolina:

• Atlantic Pigtoe
• Yellow Lance
• Neuse River Waterdog
• Carolina Madtom
• Cape Fear Shiner
• Waccamaw Silverside
• Piping Plover
• Loggerhead Sea Turtle
• Golden Sedge 

Critical Habitat is proposed for Red Knot and Green Floater

A Significant Number of Counties in Eastern North Carolina contain Federally Designated Critical Habitat.  Click on the link to the Critical Habitat Mapper and determine if your Action Area intersects with designated or proposed Critical Habitat.

Critical Habitat Mapper (https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265ad4fe09893cf75b8dbfb77)

(A) If the project action area action area
All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.

Learn more about action area intersects critical habitat, add "critical habitat" to the species/resource name column in the species conclusion table, and add to the conclusion column of the species conclusion table what species critical habitat is present, and continue to Step 6.

(B) If the project action area does not occur within these counties, add "critical habitat" to the species/resource name column in the species conclusions table, and add “no critical habitat present” to the conclusion column in the species conclusions table, and continue to Step 6.

Step 6 - Eagle Protection

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The bald eagle (Haliaeetus leucocephalus) is protected by the Bald and Golden Eagle Protection Act (Eagle Act (link to /node/1507). Follow the steps below to determine if an Eagle Act permit may be necessary. The Eagle Act protects both bald and golden eagles from take and disturbance. Under some circumstances the Eagle Act may allow take of bald and golden eagles with a permit. The bald eagle nesting (breeding) season in North Carolina is from December 1 through July 15. Determine if the action area action area
All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.

Learn more about action area intersects within a bald eagle nest buffer using the information gathered from the NC Natural Heritage Program in Step 3.  A lack of data from NCNHP is not a guarantee that bald eagle nests are not present.  The project proponent should be familiar with the Action Area and whether potential nesting habitat is present for bald eagles (tall trees near a large waterbody).

If the action area is not within 660 feet of a bald eagle nest, add "bald eagle" to the species/resource name column and add "unlikely to disturb nesting bald eagles" to the conclusion column in the species conclusion table. Continue to Step 7.

If the action area is within 660 feet of a bald eagle nest, determine whether the proposed action may disturb the nesting eagle by following the steps in the Service's Region 4 bald eagle management guidelines and conservation measures review process.

For projects that have blasting or other loud noise components, the buffer distance around eagle nests is 2,640 feet or up to 5,280 feet in open areas. Refer to the National Bald Eagle Management Guidelines (link to: /media/158271) and the Population demographics and estimation of sustainable take in the United States 2016 update. 

(A) If you are able to implement the recommendations in the guidelines, add "bald eagle" to the species/resource name column and add "unlikely to disturb nesting bald eagles" to the conclusion column in the species conclusions table. Document recommendations you adopted to avoid disturbance in the notes/documentation column of the species conclusions table, and add any additional documents/documentation to the project review package. Continue to Step 7.

(B) If you are unable to implement the recommendations in the guidelines, add "bald eagle" to the species/resource name column and add "may disturb nesting bald eagles" to the conclusion column in the species conclusions table. Provide an explanation of why the recommendations cannot be implemented in the notes/documentation column of the species conclusions table and add this to the project review package. Continue to Step 7.

Step 7. Northern long-eared bat (NLEB) 

Step 7. Northern long-eared bat (NLEB)  

If your species list does not include NLEB, please continue to Step 8.   If NLEB is included in your official species list, you must address NLEB in your review package.

On March 31, 2023, the Service implemented an Interim Consultation Framework for NLEB.  Tools for consultation concerning the NLEB are available in IPaC (https://ipac.ecosphere.fws.gov/), including determination keys for FHWA and others.  Please refer to IPaC and the Interim Consultation Framework Tools, available here:  https://www.fws.gov/species/northern-long-eared-bat-myotis-septentrionalis.  Please follow the instructions in IPaC and the NLEB determination key and include that information in your review package. 

Continue to Step 8

Step 8. Red-cockaded woodpecker – Moore County Only  

If your project is not located in Moore County, NC, continue to Step 9.   

The Moore County RCW Online Project Review Processis intended for use by landowners, applicants, and consultants in Moore County, North Carolina, who are seeking Service review or approval of their project with respect to impacts to red-cockaded woodpecker (RCW).  *For properties within Forest Creek Golf Course or Pinehurst National #9, please continue to use the established process for those areas (i.e., required to submit lot information including tree count and maps in these communities, regardless of red or clear zones). We work with Forest Creek Golf Course and Pinehurst National #9 through past and ongoing consultation and agreements to minimize habitat loss as each parcel is developed. New construction must comply with standards set by architectural review and agreed to by the Service.

Abbreviated Instructions for Online Project Review for Moore County:

For detailed instructions on using the process, including Frequently Asked Questions, please visit the The Moore County, NC RCW Online Project Review Process webpage.

A. RCW Mapping:

Consult the NC Sandhills RCW Color-Coded Maps (https://www.fws.gov/media/nc-sandhills-rcw-red-zone-and-clear-zones-saf…) to determine where your property/project falls (Red Zone or Clear (no color)).  If in a Clear Zone AND RCW is the only species of concern for your project, Print RCW Self-certification letter, retain the letter for your records and submit a copy of the letter to the Service at Raleigh@fws.gov for this certification to be valid. If you have made determinations for other species in the Action Area, include a copy of RCW Self-certification letter in your project review package and go to Step 9. If in a Red Zone, move on to Step B below.

B. Project Information:

• Gather information for your project (site plans, project plans, methods, RCW survey information, tree survey information).
• Fill in and print RCW Project Review Request Letter and submit the letter with a project review package to USFWS as instructed in Step 10.
• Refer to these documents forsurvey protocol and instructions to determine Foraging Habitat Availability.

C. Submit Project Review Package (as applicable)

Add the RCW information and completed RCW Project Review Request Letter to your project review package.

Step 9. Determination

The conclusion column in your species conclusion table should now be filled in for all species/resources. Use Tables 1 and 2 below to assist you in completing the determination column in your species conclusions table. These tables show all the possible conclusions for each species/resource, and the resulting ESA  Section 7 Section 7
Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

Learn more about Section 7  (Table 1) determination based on your conclusions. In addition, we have provided two examples of completed species conclusions tables below. 

If a "may affect" determination is made for a species/resources, please include all measures proposed to minimize or mitigate for potential impacts to each species or resources in the Notes/Documentation column. This will help you determine if a may affect determination is "likely to adversely affect" or "not likely to adversely affect" the species/resources” and assist the Service in our review of that determination. 

Use these tips to avoid common determination flaws. 

NOTE:  If suitable habitat is present, but current surveys do not detect the species in the Action Area, the detection probability and likelihood of presence should be considered when making a determination.  For example, cryptic aquatic species can be very difficult to detect during surveys.  If habitat is suitable in the Action Area for listed or proposed aquatic species, the Service would recommend a determination of May Affect, Not Likely to Adversely Affect. For species that are more easily detected, if surveys were conducted by qualified, permitted biologists during the appropriate survey window, then a No Effect determination may be made.

Continue to Step 10.

Step 10. Project Review Package 

Federal agencies 

Federal agencies are not required to contact the Service or provide documentation for "no effect" and/or "no Eagle Act permit required" determinations. For "may affect, not likely to adversely affect" determinations, federal agencies are required to submit a copy of the  Project Self-Certification letter and the project review package with all requested information as indicated in the checklist below. The Service will make efforts to provide a response to a complete package within 30 days; however, 50 CFR Part 402.13 provides the Service a 60-day review period for informal consultations. 

Non-Federal Applicants

Non-Federal Applicants must submit a project review package regardless of the determination, and await a response from the Service.  The Service will make efforts to provide a response to a complete package within 30 days; however, 50 CFR Part 402.13 provides the Service a 60-day review period for informal consultations.

(A) Request a review, if the ESA section 7 determination for any species or critical habitat is "may affect, likely to adversely affect" or the Eagle Act determination is "Eagle Act permit may be required," attach the onlineProject Review Request Letter  and ensure you provide all requested information as indicated in checklist below. We will respond when we receive a complete project review package. 

(B) Do not request a review, if the ESA section 7 determination for all species and critical habitat is either “no effect” or “may affect, not likely to adversely affect” and the Eagle Act determination is “no Eagle Act permit required,” print the online project and include it in your package. For the certification to be valid, it must be submitted with a project review package to this office. 

Checklist 

Submit documents electronically to Raleigh@fws.gov 

(A) Format and size: We strongly encourage applicants to consolidate documents into a single PDF, smaller than 25MB. If a single email would be larger than 25 MB, please consolidate all items into the least number of documents and e-mails as possible. 

(B) Subject line: Indicate in your email subject title if you are submitting an "online project review request letter" or an "online project review certification letter." Use the same subject line and project reference in all emails related to an individual project. 

(C) Receipt confirmation: All project reviews will receive a return receipt to inform you that your project has been successfully submitted to this office. 

(D) Keep records: Maintain a complete copy of the project review package in your files since it will become an integral part of your official record of compliance. 

(E) Address: Raleigh@fws.gov 

If you have questions or comments concerning this process, please contact Leigh Mann at (919) 856-4520 extension 10 or via email at Raleigh@fws.gov.