Instructions for Online Project Review for City of Boiling Spring Lakes, NC
Step 1) Project Information:
Gather information for your project (site plans, tree survey, and species surveys) in preparation to submit it on the Service’s Information for Planning and Consultation (IPaC) tool (https://ipac.ecosphere.fws.gov/). The "action area" is the project area plus 50 feet around the project perimeter for projects that are within Boiling Spring Lakes because the RCW nests require little to no disturbance within 50 feet of nesting cavity trees.
You will need the following information to accurately complete the online process:
- A site plan or map of the property identifying the location of trees.
- Demarcation of which trees are proposed for removal.
- Measurements of each pine tree to be removed in diameter at breast height (dbh).
- An RCW survey conducted by a qualified environmental consultant within 50 ft of the project perimeter.
- Date of the RCW species survey.
- Note USFWS-approved surveys follow the Service’s protocols or the NCDOT has acceptable RCW protocols that can be used. Following these protocols by a qualified environmental consultant is an automatic USFWS approval for the RCW Determination Key.
- Rough-leaved loosestrife plant survey with date(s) the site was surveyed.
Step 2) Getting to know the System:
To create a project in the Service's IPaC system (https://ipac.ecosphere.fws.gov/), you must create an account at login.gov. On the landing page, scroll down to HELPFUL VIDEOS to access quick and easy videos that walk through how to use the features in IPaC.
Step 3) Entering the Project:
Map your project in IPaC and click CONTINUE. Once on the Resources webpage, you must DEFINE PROJECT and follow the prompts to obtain the Official Species List and register the project into our system. We do not recommend printing the preliminary informational list of species and critical habitat unless you do not want an official record of the project. Consultations with the Service require an Official Species List. Select START REVIEW, scroll down, then select CONTINUE, then follow the prompts to answer the questions. Under the "Select your project type" dropbox, choose the option that most closely matches your project (most BSL projects will be of the types "Residential Construction" or "Clearing Land") and SUBMIT SPECIES LIST REQUEST.
Refer to the video tutorial embedded on this page for guidance on how to use the IPaC system for projects in Boiling Springs Lake, NC.
Step 4) North Carolina Statewide Determination Key:
Wait until the Official Species List finishes processing, then continue to NEXT STEP: DETERMINATION KEYS. Scroll to and use NORTH CAROLINA STATEWIDE DETERMINATION KEY. Follow the prompts to answer the questions based on your project. Accurate answers are essential in order for the Service’s automated response to be valid. You will need the Project Information described above in order to proceed through the Determination Key (DKey). The following information assists with answering some of the questions in the DKey.
- Right-of-Way Definition: A question in the DKey asks if the project area occurs entirely within a right-of-way. A right-of-way is a linear strip of land governed and managed by the State Department of Transportation along roads or by a utility company along power or gas lines. Unless you are the NCDOT or a utility company, you will answer "no" to this question.
- Red-cockaded Woodpecker Guidance: Please note that a tree survey is not the same as a species survey. Tree surveys identify if live pines ≥ 8 inches in diameter at breast height need to be removed to implement the site plans. Species surveys should be performed by a qualified biologist who can accurately identify active RCW-specific cavity trees (see information below).
- Red-cockaded woodpecker species surveys that are conducted in accordance with this guidance are automatically approved for submission to the DKey and applicants can answer "yes" to the question on whether the survey has been approved by the USFWS.
- The best time of year to conduct RCW cavity trees surveys is leaf-off, especially January, February, or March. Surveys are recommended for pines 8 inches in diameter and greater. Surveys should be conducted by a qualified environmental consultant and should follow the Service’s Survey Protocol, contained in Appendix 4 of the RCW Recovery Plan. The NCDOT has acceptable RCW protocols that can be used. Be sure to include photo documentation along with survey results.
- If the RCW survey does not meet the above-described criteria for automatic approval, submit it to the Raleigh Field Office at raleigh@fws.gov and request survey approval before proceeding through the DKey.
- Piping Plover and Rufa Red Knot Guidance: Applicants may encounter these coastal shorebird species in the DKey; however, they are unlikely to occur in the City. Applicants can answer "no" to these questions.
- Piping plovers breed and raise young on sparsely vegetated sandbars and reservoir shorelines on large river systems as well as on the shorelines of alkaline lakes. On the wintering grounds, piping plovers forage and roost along barrier and mainland beaches, sand, mud, and algal flats, washover passes, salt marshes, and coastal lagoons.
- In wintering areas, rufa red knots need wide, sparsely vegetated beaches, shoals, tidal mud or sand flats, or mangrove-dominated shorelines, with ample small mollusk prey (typically snails, clams, and mussels). During migration, rufa red knots require a reliable network of coastal and inland staging areas with abundant, high-quality prey timed to occur when birds are present and allowing particularly high rates of weight gain.
- Rough-leaved Loosestrife Guidance: This plant occurs throughout the City and will likely be encountered in the DKey. If an appropriate survey for the plant is conducted using the guidance below, it can be uploaded to the DKey. The species is typically found in the areas between longleaf pine or oak savannas and wetter, shrubby plant communities growing on moist sand or peat. These habitats are typically maintained in an open condition by periodic fires and are often dominated by longleaf pine. It is also found in peaty pond margins and disturbed sites such as roadside depressions, powerline rights-of-way and firebreaks.
- We recommend conducting a survey for this species during the optimal survey window of mid-May – September. The plant has bluish-green, whorled foliage around an unbranched stalk that grows up to 1-2 feet tall. The leaves are elongated triangular shaped and smooth to the touch. The flowers emit a faint bubblegum scent.
- If the species is found in the project area, we recommend working with the State’s Plant Conservation Program to consider the best approach to conserving this endangered species; however, the Service does not prohibit destruction of endangered plants on private property. Therefore, an IPaC-generated letter that states "NLAA" for RCW, but "May Affect" for rough-leaved loosestrife is a valid coordination letter from the Service regarding effects to RCW.
Step 5) DKey Response Letter:
The Service’s automated response to your DKey input will be in your PROJECT DOCUMENTS in the IPaC system. Projects that conclude in a NO EFFECT or NLAA (not likely to adversely affect) determination for the red-cockaded woodpecker do not require any further coordination with the Service and may proceed as outlined in the DKey responses. NOTE: The Service will internally validate DKey letters in the system and notify proponents who submitted incomplete or false information to void the letter. Any project changes must be updated in the IPaC system by updating the project map, description, and answers to the DKey in order to obtain a new DKey conclusion letter that is valid and legally defensible documentation.
We recommend that project applicants that receiving a MAY AFFECT determination for the red-cockaded woodpecker coordinate with the Service by submitting a project review package to assess whether there is reasonable certainty of "take" under the ESA.
For rough-leaved loosestrife, there is no need to coordinate with the Service for a MAY AFFECT unless the landowner is interested in conserving the species and would like the Service’s support.
Step 6) Submit Project Review Package:
If your project receives a "May Affect" determination for RCW using the North Carolina Statewide Determination Key, we recommend review by the Service’s Raleigh Field Office. To initiate review by the Service, submit a complete package, including:
- the Official Species List;
- site plans with the tree survey indicating which trees will be removed;
- a completed Pine Tree Basal Area Calculator form;
- species surveys used in completing the DKey; and
- any other relevant documentation;
Send the complete package to the Raleigh Field Office at the following email address: Raleigh@fws.gov. Allow 30 days for the Service to complete the project review.
Step 7) The Service’s Coordination Letter:
If the project review determines the project is not likely to result in take to the RCW, then the applicant will receive a letter confirming the Service’s determination. For the Service’s determination on avoidance of take to remain valid, applicants must follow the specifications in the Service’s coordination letter and remove only the trees identified for removal. Any changes to the site plans that result in greater tree removal than identified will negate the Service’s determination, and the applicant may risk engaging in unauthorized take, a prohibited act under Section 9 of the ESA.
In many cases in the City of Boiling Spring Lakes, the Service may return an email recommending the project proponent obtain an incidental take permit in order to proceed with the work lawfully.
Step 8) Applying for an Incidental Take Permit:
At this point, the applicant should be advised to conduct the activities in a manner that avoids take, seek an incidental take permit under Section 10 of the ESA for take anticipated from their activities, or obtain take authorization through a different ESA mechanism (e.g., section 7 consultation if there is an appropriate Federal nexus). If the project is reasonably certain to cause "take" of the RCW, the Service recommends that applicants pursue an Incidental Take Permit in accordance with Section 10(a)(1)(B) of the Endangered Species Act 1973 (16 U.S.C. 1531-1543) by developing a Habitat Conservation Plan (HCP) in coordination with the Service and an environmental consultant. HCPs describe in detail how the species will be conserved to the maximum extent practicable in exchange for an Incidental Take Permit from the Service. HCPs must provide the information specified in the HCP Handbook to be accepted by the Service as a complete Incidental Take Permit application.
In essence, the HCP must contain these elements with sufficient information to be considered by the Service as complete:
- Project Description and location(s)
- Biological Goals or Objectives for the offset of impacts to the RCW
- Timeline for completing the project and to reach the Biological Objectives
- Site plans with tree surveys on each lot
- A survey for RCW cavity trees on each lot, performed by a qualified environmental consultant
- An Assessment of Impacts to the red-cockaded woodpecker (the Service can help with this section)
- Conservation Measures that the permit applicant will undertake to minimize and mitigate such impacts (the Service can offer some ideas)
- How impacts will be minimized
- How impacts will be mitigated, to the maximum extent practicable
- Funding available to implement these measures
- Monitoring procedures and how you will respond to unexpected circumstances
- An Alternatives Analysis describing the alternatives considered and reasons why each alternative was not adopted
- A Monitoring and Adaptive Management Plan to address potential failures in not reaching the Biological Objectives
The Raleigh Field Office is committed to helping applicants through the HCP development process. We can provide information for items 5 and 6 above. We can also review an early draft of the HCP and give you feedback on what it would take to make it a "complete" HCP.
