Virginia Field Office
Northeast Region
Endangered Species: Project Reviews in Virginia Project Review Steps

Step 7a - Determinations

The conclusion column in your species conclusion table should 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 possible conclusions for each species/resource, and the resulting ESA Section 7 (Table 1) and Eagle Act (Table 2) determination based on your conclusions. In addition we have provided two examples of completed species conclusions tables below.

If Table 1 indicates a "may affect" determination should be made, but you believe your action warrants “no effect” or “not likely to adversely affect”, please note your determination, and in the Notes/Documentation column, explain your rationale and describe any measures proposed to minimize or mitigate potential impacts.

Continue to Step 7b .

Table 1: ESA Section 7 Determination

Possible Conclusions ESA Section 7 Determination
Species not present No effect
No suitable habitat present No effect
No critical habitat (designated/proposed) present No effect
Suitable habitat present, species not present Not likely to adversely affect
Species (listed/proposed) present May affect
Potential habitat present and no current survey conducted May affect
Critical habitat (designated/proposed) present May affect
Species present (candidate/species of concern only) Recommend coordination with our office to develop measures to avoid impacts

Table 2: Eagle Act Determination

Possible Conclusions Eagle Act Determination
Unlikely to disturb nesting bald eagles No Eagle Act permit required
Does not intersect with bald eagle concentration area No Eagle Act permit required
May disturb nesting bald eagles Eagle Act permit may be required
Does intersect with bald eagle concentration area Eagle Act permit may be required

 

Example of a project where review and a response by this office is not necessary:

Species Conclusions Table

Project Name: Project 1
Date: 01-06-2012

Species/Resource Name Conclusion ESA Section 7/Eagle Act Determination Notes/Documentation
Virginia spiraea Suitable habitat present, species not present Not likely to adversely affect July 17, 2010 survey by qualified surveyor indicated absence
Little-wing pearlymussel No suitable habitat present No effect Habitat assessment indicated no potential habitat present.
Bald eagle Unlikely to disturb nesting bald eagles No Eagle Act permit required No nests within 660' and not within a concentration area
Critical habitat No critical habitat present No effect  
Candidate species Species present Recommend coordination with this office  

 

Example of a project where review and a response by this office is necessary:

Species Conclusions Table

Project Name: Project 2
Date: 01-06-2012

Species/Resource Name Conclusion ESA Section 7/Eagle Act Determination Notes/Documentation
Jame spinymussel Species present May affect Recent surveys by qualified surveyors found this species within the project area.
Smooth coneflower No suitable habitat present No effect Habitat assessment by qualified surveyor indicated no potential habitat present.
Shale barren rock cress No suitable habitat present No effect Habitat assessment by qualified surveyor indicated no potential habitat present.
Indiana bat Suitable habitat present, species not present. Not likely to adversely affect. No Indiana bats were captured during survey efforts.
Bald eagle May disturb nesting bald eagles Eagle Act permit may be required Project is within 660' of a nest. Not within a concentration area.

Continue to Step 7b .

Step 1 - Action Area
Step 2 - Official Species List
Step 3 - State Coordination
Step 4 - Suitable Habitat
Step 5 - Critical Habitat
Step 6a - Eagle Nests
Step 6b - Eagle Concentration Areas
Step 7a - Determinations
Step 7b - NLEB Determinations
Step 8 - Project Review Package

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Last updated: August 24, 2018