Tennessee Ecological Services Field Office

Tennessee Field Office Project Review 

This program provides early technical assistance to various entities who have applied for federal funds or will have to obtain a federal license or permit. The purpose of the early coordination is to assist the applicant in determining if wetlands or federally endangered or threatened species could be impacted by the proposed activity. The intent is to provide early notification of potential issues before an applicant has committed significant resources toward specific plans or designs. 

The Tennessee field office typically receives over 2,000 pre-development consultation requests each year. Many projects are proposed where we have no records of occurrence for federally listed species, or no designated critical habitat. Many other projects, due to their design or timing, are reasonably certain to not result in take of a federally listed species or adversely modify critical habitat. The project proponent is responsible for analyzing and making a determination of the projects direct and indirect effects on federally protected species and habitat. The Tennessee Field Office has developed the following tools to assist project proponents in determining the potential effects of their project. 

Additional information or questions concerning Pre-Development Consultations in Tennessee can be obtained by contacting our office directly.

Quick Links to Related Documents:

If you have experience with the Tennessee Field Office project review process, these links may be time savers.  If you are new to the process, please scroll to the Tennessee Field Office Project Review Guide

FEMA

FEMA May 2016 ESA Guidance

Tennessee Field Office Checklist Memo

Clearance to Proceed with Projects

Clearance to Proceed Letter

U.S. Fish and Wildlife Service Clearance to Proceed with Federally-Insured Loan and Grant Project Requests

Clearance to Proceed Letter

Project Review Guide Documents and Links

Communication Towers

To streamline the review process for communications tower projects, we have developed avoidance and minimization measures, no effect criteria, and procedures for project review. The measures, criteria, and procedures take into consideration available information on migratory birds, federally proposed/listed threatened or endangered species, federally designated critical habitat, and bald eagles within Virginia, in accordance with provisions of the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-712, 40 Stat. 755), as amended (MBTA); Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA); and Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This process also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended.

Step 1. Migratory birds. 

To minimize adverse impacts to migratory birds, the U.S. Fish and Wildlife Service (Service) strongly encourages co-locating with other equipment and/or lowering tower height to the extent practicable, minimizing lighting, locating the tower in urbanized or developed areas or other areas that do not provide potential habitat for migratory birds, and incorporating as many recommendations from the Service Guidance on the Siting, Construction, Operation and Decommissioning of Communication Towers as possible.

Step 2. Federally listed threatened and endangered species and bald eagles. 

The following types of proposed actions will have "no effect" on federally proposed/listed threatened or endangered species, federally designated critical habitat, and are unlikely to disturb bald eagles:

(A). Co-location of new equipment or antennae or any infrastructure improvements at an existing structure structure
Something temporarily or permanently constructed, built, or placed; and constructed of natural or manufactured parts including, but not limited to, a building, shed, cabin, porch, bridge, walkway, stair steps, sign, landing, platform, dock, rack, fence, telecommunication device, antennae, fish cleaning table, satellite dish/mount, or well head.

Learn more about structure (tower, water tank, building, etc.) where all ground disturbance occurs within cleared or regularly mowed areas.

(B). Routine maintenance or repair of existing towers or their sites.

(C). Transfer of ownership of existing towers.

Step 3. 

For projects that meet the criteria in Steps 1-2, no further coordination with the Service is needed. Complete the self-certification letter and submit electronically to TFOProjectReview@fws.gov. Please indicate in your email subject title you are submitting an "online project review certification letter".  All project reviews will receive a return receipt to inform you that your project has been successfully submitted to this office. 

Step 4. 

If the project does not meet the criteria in Step 2, follow the Tennessee Field Office Project Review Guide for other projects.

Tennessee Field Office Project Review Guide

This online project review process is intended for use by landowners, applicants, consultants, agency personnel, and any other individual or entity requiring U.S. Fish and Wildlife Service (Service) review or approval of their project within the State of Tennessee. You should complete this online process before contacting our office.

Through this process, you will follow step-by-step guidance and access information that will allow you to identify threatened and endangered species, designated critical habitat, and other Federal trust resources that may be affected by your project. You will be able to assess whether your project is likely to affect these resources. This process is intended to provide quick and accurate determinations and information to help ensure that trust resources are considered and conserved while planning and conducting activities.

If upon completion of this process you determine that your project is unlikely to affect these resources, you can certify your determination, and no further coordination will be required. If your project may affect these resources, the review package developed through the process will expedite further review when it is submitted to our office. 

Because the website and information is frequently updated to provide new trust resource information and methods to review projects, refer to the website for each project review to ensure that current information is utilized.

Wetlands

For information related to the possible presence of wetlands within a 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 , please visit the U. S. Fish and Wildlife Service National Wetland Inventory Wetlands Mapper site

Please note that the map products in Wetlands Mapper were neither designed nor intended to represent legal or regulatory products. Federal, state, and local regulatory agencies with jurisdiction over wetlands (Corps of Engineers and the Tennessee Department of Environment and Conservation) may define and describe wetlands in a different manner than that used in the Wetlands Mapper inventory. Detailed on-the-ground inspection of any particular site may be needed. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities.

Step 1: Define the action area

Image Details

The action area is all areas affected, directly or indirectly, by the Federal action and is not limited to the "footprint" of the action nor by the Federal agency's authority.  It encompasses temporary and permanent changes to land, water, and air caused by activities that are reasonably certain to occur and that would not occur but for the proposed action. To determine the action area, begin by marking the project footprint on a topographic map

Identify the effects of the action – impacts caused by the proposed action (including other activities that would only occur because of the proposed action), are reasonably certain to occur, and may affect critical habitat or any listed species present. These effects may occur later in time or outside the project footprint. They can include:

• Ground disturbance (including access roads)
• Changes in water quality and quantity (both surface and ground water)
• Stormwater run-off
• Air quality
• Lighting effects
• Noise disturbance

The geographic extent of these effects defines your action area and will be used in the Service’s Information for Planning and Consultation ( IPaC IPaC
Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process

Learn more about IPaC  ) system in Step 2.

Step 2: Official Species List

Use the Service's Information, Planning and Consultation system (IPaC) to determine if any listed, proposed or candidate species may be present in the action area. Following the directions in IPaC, use the initial project scoping tool to generate a species list by selecting the map tool and drawing the delineated action area. After selecting the appropriate project type, request an Official Species List. The Official Species List will include all species that may occur in the vicinity of the action area and includes a map of the action area.  IPaC will also generate a list of National Wildlife Refuges in the vicinity of your action area. Print the PDF version of this Official Species List and add it to your project review package. Do not use the state/county list tool for this review since it will list all species that may occur in that state/county and will not provide site specific information. After completing the steps in IPaC, exit that website and continue below.

(A). If the Official 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 (MS Word Format, found in the project review library package), and put "species not present" in the conclusion column in thespecies 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. Continue to Step 3.

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 optional.

Step 3: State Coordination

To comply with applicable State laws and obtain information on state listed or other rare species, contact theTennessee Division of Environment and Conservation - Natural Areas - Natural Heritage Inventory and the Tennessee Wildlife Resources Agency 

Step 4: Determine presence of listed species and their suitable habitat

Determine whether listed/proposed/candidate species may occur based on the habitat present within the action area for each species on the your species conclusions table. Review the species information provided in IPaC, the information provided by TDEC and TWRA, and any other sources of information (e.g., habitat assessments) available to determine whether the action area contains suitable habitat for each species. Habitat assessments/surveys must be conducted by an approved surveyor. Refer to the Optimal Survey Times for Plants for additional guidance. If you have a previous survey of your site, consult the guidelines for survey expiration for plants and animals. Surveys are valid for a certain period of time based on the species' life history. If your existing survey is no longer valid or the survey does not include the entire action area, obtain a new survey. 

(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. Please contact the Tennessee Field Office for a list of approved surveyors.

1. If surveys indicate species are absent from the action area, add "suitable habitat present, species not present" to the conclusion column in the species conclusions table for the appropriate species. Add the survey report to the project review package. 
2. 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.

(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: Determine if critical habitat is present

Federally Designated Critical Habitat occurs within: Bedford, Bledsoe, Bradley, Campbell, Carter, Cheatham, Claiborne, Cocke, Cumberland, Davidson, Dickson, Fentress, Franklin, Giles, Grainger, Greene, Hamblen, Hancock, Hardin, Hawkins, Hickman, Humphreys, Jackson, Jefferson, Knox, Lawrence, Lincoln, Madison, Marion, Marshall, Maury, McNairy, Monroe, Montgomery, Moore, Morgan, Overton, Perry, Pickett, Polk, Rhea, Roane, Robertson, Rutherford, Scott, Sequatchie, Sevier, Smith, Sullivan, Trousdale, Unicoi, Union, Wayne, Wilson Counties in Tennessee

(A) If the project action area occurs within any of these counties, use the USFWS Critical Habitat Map Tool to determine if the action area intersects federally designated critical habitat. See instructions below for locating your project area in the map tool. Read the instructions for using the map tool.

Learn more about Critical Habitat from the Critical Habitat Fact Sheet or visit the Service's Critical Habitat website.

If the project 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 Nests

The bald eagle (Haliaeetus leucocephalus) is protected by the Bald and Golden Eagle Protection Act (Eagle Act). 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 Tennessee is from December 15 through July 15.

(A). Determine if the action area intersects with a bald eagle nest buffer by viewing your project location in the Bald Eagle Nest Map.  

(NOTE: 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.

1. 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 conclusions table. Continue to Step 7a.
    
2.  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 Bald and Golden Eagle Management web page. 

(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 7a.

(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 7a.

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 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) 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

Table 2: Eagle Act Determination

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

Species Conclusions Table 

Project Name: Project 1
Date: 01-01-2021

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

Species Conclusions Table

Project Name: Project 2 
Date: 01-01-2016

Continue to Step 7b

Step 7b: Northern Long-Eared Bats in Tennessee

Background

The northern long-eared bat (NLEB) was reclassified as endangered on November 30, 2022, which renders the 4(d) rule and its programmatic biological opinion obsolete.  This reclassification will become effective 60 days after publication of the final rule, on January 30, 2023.  Before the effective date, the Service will distribute resources to assist project proponents: a rangewide determination key, an interim (formal) consultation framework to phase out the 4(d) rule approach, wind energy guidance and forestry guidance.  We encourage you to become familiar with the rangewide determination key using the Service’s IPaC beta-testing site.  

For projects that relied on the 4(d) rule, do not meet the conditions for a “not likely to adversely affect” determination given the project location and habitat, and will not be complete by the effective date, you will need to re-coordinate with our office to initiate formal consultation using the streamlined interim consultation framework. 

We have reassessed our data records and revised the range of historical occurrences for the NLEB.  The previous maps are no longer valid.  For more precise data on whether the location of the project may affect NLEB, please utilize the rangewide determination key in IPaC when it becomes available. 

For projects that will be completed before January 30, 2023, the following information on how to utilize the 4(d) rule remains relevant:

On April 2, 2015 the Service listed the Northern long-eared bat (Myotis septentrionalis, NLEB) as threatened with an interim 4(d) rule (80 Federal Register 17973-18033). On January 14, 2016 the Service published the final 4(d) rule (81 Federal Register 1900-1922), effective February 16, 2016. Concurrent with the publication of the final 4(d) rule, the Service issued the January 5, 2016 Intra-Service Programmatic Biological Opinion on the issuance of the final 4(d) rule that provides a mechanism for achieving section 7 compliance for many Federal actions.  

Final 4(d) Rule

The final 4(d) rule prohibits all purposeful take except:

1. Removal of NLEBs from human structures.
2. Defense of human life (e.g., public health monitoring for rabies).
3. Removal of hazardous trees for protection of human life and property.

The final 4(d) rule prohibits the following incidental take in areas of the country inside the white-nose syndrome (WNS) zone, which includes all of Tennessee:

1. Incidental take that occurs within a hibernaculum. This may include disturbing or disrupting hibernating individuals when they are present as well as the physical or other alteration of the hibernaculum’s entrance or environment when bats are not present if the result of the activity will impair essential behavioral patterns, including sheltering.

• Incidental take caused by tree removal that occurs in specific locations: Within 0.25 mile of a known hibernaculum, at any time of year.
• Within a 150-foot radius of a known occupied maternity roost tree during the pup season (June 1 - July 31).

All other incidental take is allowed. For more information about the NLEB listing and final 4(d) rule, visit the Northern long-eared bat website.

Project Review Guidance

If you are re-coordinating on a previously consulted project:

If a time-of-year restriction (TOYR) or surveys were recommended or you self-certified based on a self-imposed TOYR, you are encouraged to continue to implement the previous informal consultation. If your project overlaps with the Indiana bat (Myotis sodalis) and a TOYR was recommended for both species, the TOYR for the Indiana bat remains.

Non-Federal actions

If you do not have any other species on your official species list, you do not need to contact the Service.

Federal actions

The lead federal agency will need to re-submit the project materials in accordance with the steps below. This will serve as the written notification per the framework described in the 1/5/2016 Programmatic Biological Opinion on the Final 4(d) rule for the NLEB. If you received a federal permit, coordination should be conducted by the lead federal agency. Please update your Official Species list, do not create a new list.

If this is a new consultation:

Determine if your action area intersects with an area where incidental take is not allowed under the final 4(d) rule. TheTennessee northern long-eared bat map provides documented maternity areas and hibernacula in Tennessee.  We will coordinate with you to determine if your project meets the criteria of the final 4(d) rule regarding to impacts to hibernacula.

Non-Federal actions (Flowchart for non-Federal actions)

Is your project within a NLEB location identified within buffers on the Tennessee Northern long-eared bat map?

No: If you do not have any other species on your official species list, you do not need to contact the Service. 
Yes: Submit your project (via the Review Request Letter, found in the project review library package) for further review. 

Example of Species Conclusion Table (SCT).

The Service will review your project and advise if an incidental take permit is required.
We strongly encourage non-Federal project proponents to implement the voluntary NLEB conservation measures listed below.

Federal agency actions(Flowchart for Federal actions)

Federal agencies have 3 scenarios by which they may comply with section 7 of the ESA for the NLEB for actions that do not result in incidental take prohibited by the 4(d) rule:

• NLAA by implementing a time-of-year restriction (TOYR) on tree clearing or having negative survey results. Or,
• NLAA by implementing other applicable informal programmatic consultations, such as the FHWA Indiana bat/NLEB range-wide programmatic consultation. Or,
• May affect but implementing the Service’s Programmatic Biological Opinion for the final 4(d) rule.

May Affect - Not Likely to Adversely Affect

Step 1. Is your project within a NLEB location identified on the Tennessee Northern Long-eared Bat map?

No: Go to NLEB Step 2. 
Yes: Go to NLEB Step 5.

Step 2. Will the project include a TOYR for tree clearing (April 15 - September 15) for tree clearing that is not substantial acreage or do you have negative NLEB survey results or the project does not impact suitable habitat?  

No: Go to NLEB Step 3.
Yes:  Submit a Self-Certification Letter. Use the example below to assist you in filling out the SCT.

Example of Self-Certification Letter SCT.

May Affect - Not Likely to Adversely Affect 

Step 3. Will you be implementing a previously completed informal consultation with the Service on the NLEB?

No: Go to NLEB Step 4.
Yes:  Submit a Self-Certification Letter. Use the example below to assist you in filling out the SCT.

The following agencies have completed programmatic consultations with the Service: 
FHWA

Example of Self-Certification Letter SCT.

May Affect - Likely to Adversely Affect

Step 4. Will you be relying upon the findings the 1/5/2016 Programmatic Biological Opinion on Final 4(d) rule for the Northern Long-Eared Bat and Activities Excepted from Take Prohibitions to fulfill your project-specific section 7 responsibilities? 

No: Go to Step 5.
Yes:  Submit a Self-Certification Letter. Use the example below to assist you in filling out the SCT.

The programmatic biological opinion requires Federal agencies provide us written notification of their section 7 determination for the NLEB (project submittal) at least 30 days in advance of funding, authorizing, or carrying out an action. The Federal agency must provide its determination as part of coordination/consultation for other listed species. Also include the number of acres of habitat impacted and how it will be impacted (e.g., trees clearing, prescribed fire, install wind turbines). The Service is not required to provide concurrence on your NLEB section 7 determination. If the Service does not respond within 30 days, the Federal agency may presume its determination is informed by best available information and consider its project responsibilities under section 7(a)(2) with respect to NLEB fulfilled through the programmatic biological opinion.

Example of Self-Certification Letter SCT.

We strongly encourage Federal action agencies to implement the NLEB voluntary conservation measures listed below.

Step 5. Submit your project (via the Review Request Letter) for further review.

Example of Review Request Letter SCT.

The Service will review your project and advise if further consultation is required.

Step 7c: Indiana Bat

View the Tennessee Indiana bat map to determine if your action area intersects with documented maternity areas and hibernacula in Tennessee. If your project site consists of open habitat with no trees, we would not anticipate adverse effects.  If the site is forested, but the trees do not have suitable roost characteristics (ex. sloughing bark, cracks, crevices, or cavities) we would not anticipate adverse effects.  

Step 8: Project Review Package

A). If the ESA section 7 determination for any species or critical habitat is "may affect" (except the NLEB) or the Eagle Act determination is "Eagle Act permit may be required," submit the project review package to this office for review at tennesseeES@fws.gov. Attach the Review Request Letter (MS Word Format) and ensure you provide all requested information as indicated in table below.  We will respond when we receive a complete project review package.

(B). If the ESA section 7 determination for all species (except the NLEB under the final 4(D) rule) and critical habitat is either “no effect” or “not likely to adversely affect” and the Eagle Act determination is “no Eagle Act permit required,” print the Self-Certification Letter (PDF). Non-federal applicants must submit a copy of this letter and the project review package for this certification to be valid.  Federal agencies are not required to contact the Service or provide documentation for "no effect" and/or "no Eagle Act permit required" determinations. For "not likely to adversely affect" determinations," federal agencies are required to submit a copy of the online project review certification letter and the project review package with all requested information as indicated in table below to complete consultation requirements. Submit these packages to TFOProjectReview@fws.gov

Items to include in the project review package and the associated step:

When submitting project review packages, please indicate in your email subject title if you are submitting a "Review Request Letter" or a "Self-Certification Letter." All project reviews will receive a return receipt to inform you that your project has been successfully submitted to this office. Please note that any single email, including attachments, must be smaller than 25 MB. If a single email would be larger than 25 MB, please spread out multiple attachments among several emails (use the same subject name and project reference in all emails related to an individual project). If this is not practical, please mail a DVD containing the project review package to our office.  Projects submitted by paper will not be considered.