Overview

This online project review process facilitates compliance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA). It is intended to enable users to quickly reach accurate determinations regarding potential effects of their action to federally listed or proposed threatened and endangered species and designated or proposed critical habitat as required under the ESA. It provides information to help ensure that trust resources are considered and conserved while planning and conducting activities. 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 Commonwealth of Virginia 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 then assess whether your project is likely to affect these resources. If upon completion of this process you determine that your project will have no effect on these resources, you can certify your determination with our self-certification process, 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.

At the end of this project review process you will be able to: (1) certify that you have completed required coordination with the Service under the ESA; or (2) expedite additional review by the Service. 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.

If this is your first time using the online project review process, or you may benefit from additional background information on the ESA and interagency cooperation under 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
, review the background and guidance materials prior to beginning Step 1. Endangered Species Guidelines and Guidance Documents are currently being migrated to the Service’s new web platform. If you need information in the interim, please contact virginiafieldoffice@fws.gov. For information on reducing impacts to species in Virginia, please refer to the Virginia Department of Wildlife Resources Time of Year Restrictions and Other Guidance.  

NOTES:

  • Items that are in blue text are links to additional information or to additional steps in the process.  We recommend that you read the entire step prior to making a selection or prior to following the links.
  • In Step 3 you will be directed to 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
    ) to generate a species list. IPaC is a tool used by the Service to facilitate review, it is not the entire review process. Complete all 6 steps in this online project review process to develop a complete project package.
Coal Permit Applications

For coal permit applications, renewals, amendments or significant revisions, follow steps 1-5 of the project review process listed below. Refer to the “What to Submit” table under Step 6 and include the listed items for Steps 1-5 and any supporting documents (species surveys, habitat assessments, PEPs, narratives) in Section 8.7 of e-Forms. 

Wind Energy Projects

For wind energy projects (offshore and inland), follow the online project review process and submit the completed project review package to this office for review regardless of the outcome in the species conclusion table. Additional review will be necessary to evaluate the project's potential impacts. Offshore wind guidelines have not been developed by the Service at this time. For inland wind energy projects, the Service has developed voluntary guidelines to help wind energy project developers avoid and minimize impacts on wildlife and their habitats. The Service encourages you to use these voluntary guidelines and when submitting your package to this office, provide us with detailed information on how you have applied the guidelines. Go to the Service's Energy Development page for additional information. No further coordination with the Service is needed if your project is one of the following types of proposed actions that will have "no effect" on federally proposed/listed threatened or endangered species and federally proposed/designated critical habitat: (1) 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; (2) routine maintenance or repair of existing towers or their sites; (3) transfer of ownership of existing towers. If your project is not one of these actions, follow the project review guidelines.

Communications Tower Projects

For communications tower projects, the Service 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 U.S. Fish and Wildlife Service Communication Tower Guidance as possible. See the Service's Bald Eagle Management Guidelines and Conservation Measures page for questions about impacts of your project to bald eagles or contact Tom Wittig, U.S. Fish and Wildlife Service Northeast Region Eagle Coordinator, for additional assistance. 

Bald Eagles

The bald eagle (Haliaeetus leucocephalus) is protected by the Bald and Golden Eagle Protection Act. If you have any questions about the impact of your project on bald eagles, visit the Service's Bald Eagle Management Guidelines and Conservation Measures page or contact Zachary Ladin, U.S. Fish and Wildlife Service Northeast Region Eagle Coordinator, for additional assistance. No documentation on bald eagles needs to be submitted to the Virginia Field Office.

To begin the project review process, proceed to Step 1.

STEP 1:  DESCRIBE THE ACTION

To determine how elements of your project may interact with listed or proposed species and/or their habitats, a detailed account of all project elements is necessary. Provide a detailed project description including:

  • Timing
  • Location
  • Scope (e.g., installation of rip rap scour protection)
  • Size
  • Methods
  • Equipment and materials being used
  • Engineering specifications
  • Measures intended to avoid or minimize adverse impacts to listed species and their habitat, and to critical habitat
  • Photos of the area and equipment, maps, diagrams, etc.
  • Any other details that are pertinent to understanding the action in its entirety 

Attach the detailed project description to your consultation package for submission. Continue to Step 2.

STEP 2:  DEFINE THE ACTION AREA

For consultation under the ESA, 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
is defined by regulation as all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action (50 CFR §402.02) (see picture below). This analysis is not limited to the "footprint" of the action nor is it limited by the Federal agency's authority. Rather, it encompasses all temporary and permanent changes to “land, water, and air” caused by activities that would not occur but for the proposed action, and are reasonably certain to occur.

When determining the action area for your project, consider the following example areas of impact:

  • The entire limits of disturbance, including proposed access routes and temporary work spaces as well as areas of permanent impacts
  • Areas upstream and downstream of activities that may alter stream or river flow
  • Areas upstream and downstream of instream work
  • Areas downstream of new ground or surface water discharges of any kind (e.g., stormwater, wastewater, cooling water)
  • Areas downstream of where sediment-generating activities are proposed near a stream or river
  • Areas downstream of where pollutants (e.g., petroleum products, pesticides, herbicides) will be used or stored near a waterway or tributary to a waterway
  • Areas impacted by new or increased surface water withdrawals
  • The entire area in which groundwater tables may be affected (e.g., draw down, reversal of flow, introduction of petroleum products, pesticides, etc.) as a result of a new or increased ground or surface water withdrawals and/or chemical use
  • All wetlands and waterbodies down-gradient of vegetation clearing
  • All wetlands and waterbodies down-gradient of sediment-generating activities
  • All wetlands and waterbodies down-gradient of proposed new impervious surface
  • All areas likely to experience increased erosion as a result of project activities
  • All areas in which project activities will be audible or visible, including lighting effects
  • All areas which may become inaccessible as a result of new or enlarged barriers to movement (e.g., roads, rail lines, dams, reduced flow)
  • All areas which may change habitat type as a result of project activities   
  • All areas in which the composition of species (e.g., invertebrates) may be impacted by project activities (e.g., through drift of placed sediments, pesticide overspray)
  • All areas subject to new or increased public, recreational, or other human uses (either legal or illegal) as a result of new access routes or infrastructure included in the project plans
  • All areas affected by reasonably foreseeable future that would not occur without ("but for") the project currently being proposed

Your action area will be drawn in Step 3ausing the Service’s IPaC system. Incorrectly defining the action area will likely result in incorrect species/critical habitat determinations and may result in lack of ESA compliance. Continue to Step 3a.

STEP 3a:  GENERATE AN OFFICIAL SPECIES LIST AND BEGIN A SPECIES DETERMINATION TABLE

  1. To generate an Official Species List log into IPaC.
  2. Once 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
    , follow the steps to identify 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
    (see
    Step 2abovefor additional information).
  3. Provide requested project information and request an Official Species List.
  4. An Official Species List will not have a “not for consultation” watermark.
  5. Once an Official Species List has been generated, download the template for the ESA Section 7 Determination Table and transfer all species and critical habitat listed on the Official Species List to the first column. You will complete other columns in this table as you progress through additional steps in this online project review process. Continue to Step 3b.
  6. If there are no listed species on the Official Species List, proceed to Step 5.

Consultation Package Builder (CPB) went live in IPaC on December 29, 2020. CPB is a tool that guides you through evaluating and documenting your project's potential effects on species protected by the Endangered Species Act. At this time, our office is not requiring the use of CPB by any individual seeking review or approval of their project in Virginia by the U.S. Fish and Wildlife Service. You can exit the IPaC review process after completing steps 1&2 to avoid the use of CPB in step 3. After exiting the IPaC review process, please continue using our online review process to complete building your project package.

Please note that our office is working to develop guidance on when it is appropriate to use CPB to evaluate and document your project's potential effects on listed species. We will post this guidance to our website when it becomes available. In the interim, CPB can be used as a learning tool for individuals new to Endangered Species Act consultations or those looking to enhance their understanding of the consultation process. If you have any questions, please feel free to contact our office via email at VirginiaFieldOffice@fws.gov.

STEP 3b:  ADDRESS NORTHERN LONG-EARED BAT (NLEB)

If the Northern Long-Eared Bat (NLEB) appears in your Official Species List generated from IPaC, use the new “assisted determination key” (Dkey) for the NLEB available 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
. The assisted determination key will help you reach an accurate determination for that species. Information on the NLEB and the interim guidance process can be located under the 
NLEB species profile, NLEB Tools and Guidance Documents for Stakeholders.

If there are no other species or critical habitat on your Official Species List (in addition to the NLEB), you have utilized the new NLEB Dkey, and you reached a “no effect” determination for the NLEB using the Dkey, you do not need to submit anything to this office for review.

If you reached a “not likely to adversely affect” determination for the NLEB using the Dkey and there are additional species or critical habitat on your Official Species List, continue working through the online review process. When you are finished, submit the project package (including the letter generated by the IPaC Dkey for the NLEB) to this office for review.

If you reached a “may affect” determination for the NLEB using the Dkey, you will be provided guidance to contact this Field Office to continue ESA coordination outside of the DKey. The following are scenarios that may apply to your project:

  • Implementation of the Conservation Measures (TOYR or Survey) and any other applicable measure listed below may lead to a “not likely to adversely affect” determination for the NLEB.
  • Implementation of the Conservation Measures consistent with the former NLEB 4(d) rule make the project eligible for use of the Interim Consultation Framework (https://www.fws.gov/media/appendix-b-biological-assessment-form-interim-consultation-framework-northern-long-eared-bat).
  • NOT implementing the Conservation Measures consistent with the former NLEB 4(d) rule will require further consultation with our office through the online review process (use of traditional 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
    consultation).

Example of how to fill out the ESA Section 7 Determination Table for NLEB

Species/Resource NameSpecies/Habitat Presence in Action AreaSources of InfoESA Section 7 DeterminationProject Elements that Support Determination
Northern long-eared batDkeyNLAA
Northern long-eared batDkey & CMsNLAA
Northern long-eared batDkeyLAA-Interim Consultation Framework
Northern long-eared batDkeyLAA

Conservation Measures

We encourage all Federal agencies to fulfill their Section 7(a)(1) obligations by carrying out the conservation measures listed below. We also encourage non-Federal project proponents to implement the following conservation measures.

  • Perform NLEB surveys according to the most recent summer survey guidelines.
  • Implement a time-of-year restriction (TOYR) for most of the State for tree felling and prescribed burns (April 1-November 14) OR
    • Implement the following TOYRs in SE VA (where NLEBs are active year-round)
      • ​​​​​​​December 15–February 15 – when bats are wintering in the trees and the weather is typically too cold for them to be moving around on the landscape.
      • April 15–July 30 – to protect the pup season. Pups are typically born after May 1, we buffered this by 2 weeks in SE VA to ensure pups born earlier than expected are protected.
  • Avoid clearing suitable spring staging and fall swarming habitat within a 5-mile radius of known or assumed NLEB hibernacula during the spring staging and fall swarming season (April 1-May 14 and August 16-November 15).
  • Manage forests to ensure a continual supply of snags and other suitable maternity roosts trees.
  • Implement a TOYR (April 1-November 14) for most of the State when performing bridge repair, retrofit, maintenance, and/or rehabilitation work) in areas where NLEB are known to roost on bridges or where such use is likely OR
    • Implement the following TOYRs in SE VA (where NLEBs are active year-round)
      • December 15–February 15 and April 15–July 30.
  • Do not use military smoke and obscurants within forested suitable NLEB habitat during the pup season (June 1-July 31) and/or the active season (April 1-November 14) OR
    • Implement the following TOYRs in SE VA (where NLEBs are active year-round)
      • December 15–February 15 and April 15–July 30.
  • Minimize use of herbicides and pesticides. If necessary, spot treatment is preferred over aerial application.
  • Evaluate the use of outdoor lighting during the active season and seek to minimize light pollution by angling lights downward or via other light minimization measures.
  • Participate in actions to manage and reduce the impacts of white nose syndrome (WNS) on NLEBs. Actions needed to investigate and manage WNS are described in a national plan the Service developed in coordination with other state and Federal agencies.

​​​​​​​

STEP 3c:  DETERMINE IF CRITICAL HABITAT IS PRESENT

Critical habitat is a term defined and used in the ESA. It is specific geographic areas that contain features essential to the conservation of an endangered or threatened species and that may require special management and protection. Critical habitat may also include areas that are not currently occupied by the species but will be needed for its recovery. Specific areas are designated as critical habitat for a listed species through Federal rule-making processes. Not all listed species have designated critical habitat.

Note: If an area is not designated critical habitat for a species, it is still possible for a species to be present if suitable habitatis available (see Step 4).    

To address critical habitat for your project, add another row for critical habitat to your 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
Determination Table and use the following steps to determine if critical habitat is within your 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
:

A. Using the Virginia Field Office Critical Habitat Map Tool,determine if the project action area intersects federally designated critical habitat.

B. If the action area intersects critical habitat, complete the first 3 columns of your ESA Section 7 Determination Table as shown. Continue to Step 4.

Species/Resource Name

Species/Habitat Presence in Action Area

Sources of Info

ESA Section 7 Determination

Project Elements that Support Determination

Critical habitat for [insert species]

Critical habitat present

VAFO CH Map Tool

C. If the action area does not intersect critical habitat, complete the ESA Section 7 Determination Table as shown below.

Species/Resource Name

Species/Habitat Presence in Action Area

Sources of Info

ESA Section 7 Determination

Project Elements that Support Determination

Critical habitat not present

VAFO CH Map Tool

D. If the action area does not intersect critical habitat and the Official Species List does not list any species proceed to Step 6 to print a Self-Certification Letter for your records. This project does not need to be submitted to this office.

Otherwise continue to Step 4.

STEP 4:  DETERMINE IF SUITABLE HABITAT IS PRESENT

A. For each species on the Official Species List, identify the habitat type used. To identify habitat for each species, review the species information provided in IPaC, the information provided by VDWR and Virginia Department of Conservation and Recreation – Natural Heritage Program (VDCR-NHP), and any other sources of information available.

B. For each species on the Official Species List answer the following: Does 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
contain 
the identified habitat for each species on the Official Species List?

In some cases, a detailed description of the habitat and appropriate site photos will suffice to determine if suitable habitat is present. However, habitat assessments can be used to identify if habitat in the action area is present for a species or not. Habitat assessments need to be conducted by a qualified surveyor, and a list of approved surveyors can be found in the Approved Surveyor Lists in our library collection. 

If no suitable habitat is present, complete the 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
Determination Table as shown.

Species/Resource Name

Species/Habitat Presence in Action Area

Sources of Info

ESA Section 7 Determination

Project Elements that Support Determination

Roanoke logperch

No suitable habitat present

Explain what info suitable habitat presence is based on.

No Effect

N/A

If yes, for each species with suitable habitat present answer the following: Is the species present?

While not necessary for all projects, surveys can be used to determine if a species is present within suitable habitat in the action area. Surveys need to be conducted by an approved surveyor. The names of approved surveyors can be found in the Approved Surveyor Lists in our library collection. For information on how to become an approved surveyor, contact virginiafieldoffice@fws.gov with the subject line “Request to Become Approved Surveyor"Note: If you select an individual not on the approved surveyor list to conduct habitat assessments/surveys for the referenced species, provide the individual’s qualifications to this office for review and approval 60 days prior to the start of the survey.

If the species is present, complete columns 2 and 3 of the ESA Section 7 Determination Table as shown.

Species/Resource Name

Species/Habitat Presence in Action Area

Sources of Info

ESA Section 7 Determination

Project Elements that Support Determination

Roanoke logperch

Suitable habitat present; species present

Explain what info suitable habitat/species presence is based on.

If the species is not present, complete columns 2 and 3 of the ESA Section 7 Determination Table as shown.

Species/Resource Name

Species/Habitat Presence in Action Area

Sources of Info

ESA Section 7 Determination

Project Elements that Support Determination

Roanoke logperch

Suitable habitat present; species not present

Explain what info suitable habitat/species presence is based on.

Continue to Step 5.

STEP 5:  MAKE APPROPRIATE ESA SECTION 7 DETERMINATIONS

When you have identified the appropriate species/habitat presence scenario for each species in your project’s 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
, these keys facilitate making appropriate 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
determinations for each species. For each row in your ESA Section 7 Determination Table that has not been completed in the steps above, use the steps outlined in the key below to make your ESA Section 7 Determination for each species or critical habitat (Not Likely to Adversely Affect OR Likely to Adversely Affect) in column 4. The “available evidence” includes all project components, species biology/ecology, critical habitat physical and biological features information, and how those may interact. In the final column, describe the supporting evidence for your determination including elements of your project that will or will not cause adverse effects and why, based on the species biology and/or physical and biological features of critical habitat.

Section 7 Determinations: Reasoning and Decision  Listed Species

Apply the available evidence to determine answers to the following sets of questions. If suitable habitat is present, start at B.

A:

There is no overlap in space or time between proposed project and listed/proposed species or their habitat, or designated/proposed critical habitat. [i.e., no suitable habitat present]......No effect, Go to Step 6

There is overlap in space or time between proposed project and listed/proposed species or their habitat, or designated/proposed critical habitat. [i.e., no suitable habitat present]..................May affect, Go to B

B:

Individuals of a listed/proposed species are not likely to be exposed to one or more consequences of the proposed project.......................................................................................................NLAA, Go to Step 6

Individuals of a listed/proposed species are likely to be exposed to one or more consequences of the proposed project..........................................................................................................................N/A, Go to C

C:

Individuals of a listed/proposed species are not likely to respond upon being exposed to one or more consequences of the proposed project............................................................................NLAA, Go to Step 6

Individuals of a listed/proposed species are likely to respond upon being exposed to one or more consequences of the proposed project...............................................................................................N/A, Go to D

D:

Upon exposure to one or more of the effects of the proposed project, any responses are not likely to reduce the fitness of an individual of a listed/proposed species that has been exposed....NLAA, Go to Step 6

Upon exposure to one or more of the effects of the proposed project, any responses are likely to reduce the fitness of an individual of a listed/proposed species that has been exposed.......Possible LAA, Submit Review Request

NLAA = Not likely to adversely affect

LAA = Likely to adversely affect

Section 7 Determinations: Reasoning and Decision  Critical Habitat

Apply the available evidence to determine answers to the following sets of questions. If suitable habitat is present, start at B.

A:

There is no overlap in time and space between the proposed project and designated/proposed critical habitat........................................................................................................................No effect, Go to Step 6

There is overlap in time and space between the proposed project and designated/proposed critical habitat...................................................................................................................................May affect, Go to B

B:

Areas of designated/proposed critical habitat are not likely to be exposed to one or more consequences of the proposed project..............................................................................................................................NLAA, Go to Step 6

Areas of designated/proposed critical habitat are likely to be exposed to one or more consequences of the proposed project..........................................................................................................................................N/A, Go to C

C:

The quantity, quality, or availability of one or more physical or biological features of critical habitat are not likely to be reduced upon being exposed to one or more consequences produced by the proposed project......NLAA, Go to Step 6

The quantity, quality, or availability of one or more physical or biological features of critical habitat are likely to be reduced upon being exposed to one or more consequences produced by the proposed project.........Possible LAA, Submit a Review Request

NLAA = Not likely to adversely affect

LAA = Likely to adversely affect

ESA Section 7 Determination Table EXAMPLES:

Culvert replacement example:



Species/Resource Name

Species/Habitat Presence in Action Area

Sources of Info

ESA Section 7 Determination

Project Elements that Support Determination

Gray bats

Suitable habitat present; species not present

Conducted bat survey within 6 months of project start date and found no bats. Habitat assessment or survey attached.

Not likely to adversely affect

There are no caves in the project area and we will not be doing any tree clearing; will complete work outside of TOY restriction of April 1-Nov 14.

Ditching/ditch clearing example:



Species/Resource Name

Species/Habitat Presence in Action Area

Sources of Info

ESA Section 7 Determination

Project Elements that Support Determination

Fluted kidneyshell

Suitable habitat present; species present

Recent survey found individuals within the action area, downstream of the project footprint. Individuals were located in stream to which ditch drains. Habitat assessment or survey attached.

Not likely to adversely affect

There will be no instream work in occupied stream, work will be completed in the dry in the ditch  approx. 1000 m upstream. If flowing water is encountered, a non-erodible cofferdam will be used to pump water around the project area. The water will be filtered prior to discharge,  thereby reducing sediment to the occupied stream.

Bridge construction example:



Species/Resource Name

Species/Habitat Presence in Action Area

Sources of Info

ESA Section 7 Determination

Project Elements that Support Determination

Roanoke logperch

Suitable habitat present; species present

Recent survey detected species in project area. Habitat assessment or survey attached.

Likely to adversely affect

We will permanently remove 250 sq feet of habitat and the project design cannot be modified.

Continue to Step 6.

STEP 6:  PROJECT REVIEW PACKAGE SUBMITTAL

If you reach No Effect determinationsfor all species and critical habitatprint a Self-Certification Letter (PDF) for your records. This project does not need to be submitted to this office.

If you reach a Not Likely to Adversely Affect and/or No Effect determination for all species and critical habitatsubmit a Self-Certification Letter and your project package to this office following instructions below.

If you reach a Likely to Adversely Affect determinationfor any species or critical habitat:

  1. Review the elements of your project that are likely to cause adverse effects and determine if they can be changed or modified in a way that will no longer cause adverse effects. You may contact our office to obtain assistance. If your project can be modified, revise your project description and/or 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
    to reflect project modifications and revise your 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
    determinations. If all Section 7 determinations are revised to either No Effect or Not Likely to Adversely Affect, submit a Self-Certification Letter and your project package to this office following instructions below.
  2. If there are no feasible project modifications to avoid adverse impacts to individuals of a listed species or critical habitat, submit a Review Request Letter and your project package to this office following the instructions below and the Service will review your package and assist you with further steps.

Follow this key to determine if you should submit your package for review:

A:

Your project is a wind energy project..................Print Review Letter and SUBMIT REVIEW PACKAGE

Your project is not a wind energy project..................Go to B

B:

All ESA Section 7 determinations are No Effect.........Print Self Certification letter for your own files and DO NOT SUBMIT PACKAGE

All ESA Section 7 determinations are not No Effect.........Go to C

C:

All ESA Section 7 determinations (aside from NLEB) are Not Likely to Adversely Affect or a combination of No Effect and Not Likely to Adversely Affect.......Print Self Certification letter and SUBMIT REVIEW PACKAGE

Some ESA Section 7 determinations (aside from NLEB) are Likely to Adversely Affect..............Print Review Letter and SUBMIT REVIEW PACKAGE

If you have submitted a Self-Certification Letter, you will typically not receive a response as the Self-Certification Letter is our official response. However, if we have questions or we do not concur with your Section 7 determinations, we will contact you during the 60 day review period (74 FR 20423, May 4, 2009, as amended at 84 FR 45016, Aug. 27, 2019). If you have submitted a Review Request Letter, we will contact you during the 60 day review period (74 FR 20423, May 4, 2009, as amended at 84 FR 45016, Aug. 27, 2019).

Should project plans change or if additional information on the distribution of proposed or listed species and/or proposed or designated critical habitat becomes available, your determinations should be reevaluated and resubmitted for review, if necessary.

Note: If you have all Not Likely to Adversely Affect or No Effect Section 7 determinations, but are unsure about something or want the Service to review your project more closely, submit a Review Request instead of a Self-Certification.

If you are required to submit your package for review:

What to submit

Project Review Step

Items to Include in Project Review Package

Required or Not

Step 1

Detailed Project Description (including photos if possible/applicable)

Required

Step 2-3a

Official Species List from IPaC IPaC
Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process

Learn more about IPaC
(include all pages)

Required

Step 3b

Verification letter generated by IPaC from Determination Key (DKey)

If applicable

Step 4

Habitat Assessments and/or Species Surveys

If applicable

Step 5

Other documentation to support your determinations

If applicable

Step 6

Self-Certification or Review Request Letter

Required

Where to Submit

If you are required to submit the project review package to this office, submit project review packages electronically to virginiafieldoffice@fws.gov. To ensure timely processing of your project, your email submission subject line should state "Review Request Letter" or "Self-Certification Letter" and then the project name. All project reviews will receive a return receipt to inform you that your project has been successfully submitted to this office.

Any single email, including attachments, must be smaller than 25 MB. If a single email would be larger than 25 MB, provide the attachments by sending multiple emails (use the same subject line in all emails related to an individual project).

Do not also provide this information via regular mail, FedEx, etc. as it will delay our review time.