Project Planning

Conservation Planning Assistance

The West Virginia Field Office (WVFO) Conservation Planning Assistance (CPA) program assists project proponents, planners, and agency personnel in developing plans that conserve, restore, or enhance fish, wildlife, and plants, and their habitats, while at the same time accomplishing the objectives of proposed development. The CPA program is responsible for evaluating federal water resources projects, U.S. Army Corps of Engineers permit applications, and Federal Energy Regulatory Commission licenses for hydropower dams, and is also responsible for conducting environmental impact assessments. The CPA program works directly with other federal agencies and programs, as well as the American public, on development projects to protect the environment and preserve the biological, terrestrial, and aquatic natural resources of West Virginia. In addition, our CPA program works cooperatively with planners, developers, and project applicants to provide wildlife-friendly energy, transportation, and infrastructure projects.

Our CPA biologists have numerous duties and bring a variety of tools to bear on their challenging jobs: reviewing and providing recommendations on plans and development designs, crafting mitigation plans, providing expertise in wildlife, plant, and habitat science, and serving as members on planning teams. 

Laws that guide the CPA program: 

Instructions for the Service's Project Review Request in West Virginia

To initiate a technical assistance review from the WVFO, project proponents, agencies, and interest parties should follow the below process. 

1. 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 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
. ( IPaC IPaC
Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process

Learn more about IPaC
has thorough directions within the system and how-to “Helpful Videos” and FAQs on the landing page.) 

If you are not ready to officially submit your project to our office and are only interested in a preliminary list of species that may occur in your project area, or you are interested in exploring the Determination Key questionnaires, please use the IPaC Beta site at the following URL: so that your work is not officially submitted to our office: https://ipacb.ecosphere.fws.gov/

Use the initial project scoping tool to generate a species list by selecting the map tool to either upload a .zip GIS shapefile or draw the delineated action area. (Please note, do not use the state/county list tool for this review, as it will list all species that may occur in that state / county and will not provide project or site-specific information.)  

2. Once you have drawn and submitted your project within the system, species tiles will appear for all species that have the potential to occur within your project area. From this page, click “Define Project” to provide more details about your project. You can provide the project name and a short summary of the proposed actions.  

3. “Start Review” of your project and follow the steps to request an Official Species List. The Official Species List will include all ESA-listed, proposed, or candidate 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.  

4. After you have requested your Official Species List, you will evaluate determination keys and select the Northeast Determination Key. The Northeast Determination Key will walk you through a series of questions to help evaluate potential effects of your proposed project’s actions to listed species and their habitats in West Virginia. At the end of the questions, there will be an option to upload supplemental documents to support the answers you have provided. This is where you will upload the following information (and any other pertinent information): 

          a. A detailed project description thoroughly describing the proposed actions, including plans and designs of any new construction; 

          b. The total amount of acreage or linear miles within the project area; 

          c. A detailed description of onsite habitat, including the size, location and quality (when available) of stream, wetlands, forest and other natural areas, and proposed impacts; 

          d. The total number of acres of ground disturbance that will result from the project; 

          e. The number of acres of forested habitat that will be disturbed as part of the project; 

          f. If relevant, any commitment to horizontal directional drill if it is known that the project will cross a stream containing habitat that supports federally listed species; 

                    - A "frack-out" plan (i.e., description of remedial steps to resolve mechanical or materials failure resulting in hydrofracking water bubbling up through stream substrate) if such a crossing is occurring 

           g.  Identification of locations for both water withdrawals and subsequent water depositions; 

           h. A description of erosion and sedimentation controls that will be applied to the project and a figure (not engineering drawings) depicting where these controls will be installed 

           i. Photographs representative of all cover types on the site and encompassing views of the entire site; and 

           j. If relevant, a description of whether any previous mining has occurred on the site, and if you are aware of any potential mine portals or cave openings that may be in the area. 

- If any Phase I analysis of portals was conducted, please include this information 

5. When you have completed the Determination Key questionnaire, you will be notified if your project has reached a “no effect”, “may affect, not likely to adversely affect”, or “may affect” determination. Follow through the steps and generate a consistency letter for your project. 

6. Save your Official Species List and your consistency letter to the project record. If your project does not have a federal nexus and you reached a determination of “no effect” or “may affect, not likely to adversely affect” for your project, no further action with the WVFO is necessary. If the project has a federal nexus (e.g., Federal funds, permit, etc.), but you are not the federal action agency or its designated (in writing) non-federal representative, the ESA consultation status is incomplete and no project activities should occur until consultation between the Service and the Federal action agency (or designated non-federal representative), is completed. We recommend that you provide the Official Species List and consistency letters to the federal action agency or its designated non-federal representative. If this is the USACE, please provide these documents to the appropriate USACE district office, and they will complete the 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 process with our office. If your project has a Federal nexus through another Federal agency, please provide these documents to that agency. If you are the designated non-Federal representative for a Federal action agency, please keep these files in the project record.

7. If you reached a determination of “may affect” for your project, it does not automatically mean that your project will need to enter formal consultation. However, you will need to submit the project to the WVFO for a more detailed review by our staff

Please provide your Official Species List, consistency letter, and supplemental documentation uploaded to the system for the project review to the WVFO’s general email box (FW5_WVFO@fws.gov). This office email is a part of our project tracking processes, therefore, project submissions sent to individual WVFO team members cannot be accepted. Include “PROJECT REVIEW REQUEST” in the subject line of your email along with the project's ECOS ECOS
Environmental Conservation Online System (ECOS) serves a variety of reports related to FWS Threatened and Endangered Species.

Learn more about ECOS
code (e.g., YEAR-#######). Please note: our email has an attachment limit of 25MB, therefore, if your submission exceeds that, please send multiple emails and mark [1 of 2], [2 of 2], etc. in the subject line.  

The WVFO Submission Form is intended to aid project proponents in composing complete project descriptions, and you may find this to be a helpful resource. This is indicated as an optional form but is valuable in providing the necessary project description information.   

At a minimum, project submissions need the following information:

  • a shapefile or spatial coordinates in decimal degrees with a map of the project location;
  • a thorough, detailed description of the proposed actions for the project;
  • your IPaC Official Species List and copy of DKey consistency letter; and
  • the ECOS code (which will be your FWS File Number) identified in the email subject line.

Please do not email or cc your submission to individual team members at the WVFO. 

Biological Assessment Guidance

Learn about the Section 7 Consultation process under the ESA 

Regional 7(a)(1) GuidanceRegion 5 Section 7(a)(1) Guidance PDF

Industry Specific Guidance and Information 

Oil and Gas Pipelines and Wells

Pipelines transport a variety of substances from one location to another without the dependency on trucks or highways. Some pipeline rights-of-way alter the natural habitat causing fragmentation and dislocation of wildlife. In West Virginia, natural gas pipelines and wells have become commonplace.

The CPA program biologist provides technical assistance to companies so they can avoid or minimize impacts to natural resources such as wetlands, endangered species habitat, and trout streams. The biologist also coordinates programmatic agreements with the oil and gas industry to provide information prior to project implementation, with the result of increased avoidance of trust resources and a more efficient project review. To learn more about natural gas and wildlife, see Regional Oil and Gas Guidance (link)

Wind Power

The CPA program has the responsibility for environmental oversight for our nation's energy sources, including wind and hydropower production and pipeline rights-of-way. Increased interest in renewable energy sources has resulted in the rapid expansion of the wind industry in the U.S and in West Virginia.

Wind turbines of today and the facilities that contain them provide a clean air alternative for energy. CPA assists project proponents and the West Virginia Public Service Commission in understanding potential impacts to migratory birds and bats due to operating turbines. CPA also provides technical assistance to avoid and minimize impacts to migratory species. To learn about impacts to wildlife from wind energy projects visit the Northeast Wind Energy Site (link)

A Wind Turbine Guidelines Advisory Committee (link)composed of 22 members, was appointed by the Secretary of the Interior to achieve balanced representation of wind energy development, wildlife conservation, and government. Visit the Service's national wind power site (link). See also the Service's land based wind energy guidelinesfor Best Management Practices for site development, construction, retrofitting, repowering, and decommissioning land-based wind energy facilities.

Beech Ridge Wind Power

Habitat Conservation Plan for Indiana and Virginia Big-eared Bats Beech Ridge Wind Energy Project 

September 12, 2013 

Beech Ridge Energy LLC and Beech Ridge Energy II LLC (collectively referred to as BRE) have applied to the U.S. Fish and Wildlife Service (Service) for a permit under the Endangered Species Act for its West Virginia wind energy project. The project is expected to have effects on the endangered Indiana and Virginia big-eared bats, and the company has agreed to conservation measures to reduce those impacts. These measures were initially outlined in the company’s draft habitat conservation plan (HCP), a requirement for the permit, and evaluated in the Service’s draft environmental impact statement (EIS). The Service requested public comment on both documents in 2012. Based on the public comments, the Service has prepared responses to comments and revised the EIS, and BRE also revised its HCP. Both final documents have been released today for public review. 

Questions and answers

Project Update: December 5, 2013 

On December 5, 2013, the U.S. Fish and Wildlife Service issued a final agency decision approving the habitat conservation plan and issuing an incidental take permit for the Beech Ridge Wind Energy Project. In making a permit issuance decision, the Service prepared an analysis of whether the final permit meets the permit issuance criteria, as well as a biological opinion considering whether the issuance of the permit is likely to jeopardize the continued existence of the Indiana bat and Virginia big-eared bat or result in the destruction or adverse modification of critical habitat. 

On September 13, 2013, the Service published a notice in the Federal Register announcing the availability of a final environmental impact statement (EIS), response to comments, and final habitat conservation plan (HCP) for the project. 

The final EIS and HCP, as well as other related documents, from September 2013 are below. Additionally, the December 2013 permit, findings, record of decision, biological opinion, implementing agreement, and a document listing updates to the final HCP, have been added. 

Document availability 

Please visit the Beech Ridge Library Collection to view the documents. You also may access the documents on the Federal eRulemaking portal by searching for docket # FWS-R-5-ES-2012-0059 at http://www.regulations.gov

Coal Mining

As most residents of West Virginia are aware, coal mining is not only a major contributor to West Virginia's economy, it is also one of the primary sources of electricity in the United States.

Coal mining can also result in a number of environmental impacts. Coal mining includes underground mining and surface mining activities. Mountain-top removal is a type of surface coal mining that involves blasting apart and removing overlying rock material to expose coal seams below that run horizontally through the mountains. All forms of coal mining can generate large volumes of unwanted rock or excess spoil, which is then placed in nearby valleys, burying streams and wildlife. Mining fills also may increase acidity, salts, metals, and conductivity levels in downstream waters, adversely affecting populations of fish, salamanders, aquatic macro-invertebrates, insects and the species that feed on them. Coal mining also involves large-scale loss and fragmentation of West Virginia's forested habitats, potentially impacting a number of species, particularly forest-breeding migratory birds and some salamanders. To learn more about coal impacts on wildlife, see the Service's Coal Impacts and Extraction site (link).

Our office coordinates closely with the U.S. Army Corps of EngineersDepartment of the Interior Office of Surface Mining and Reclamation Enforcement, the West Virginia Department of Environmental Protection, the U.S. Environmental Protection Agency, and other organizations to find methods to avoid or reduce coal mining impacts to natural resources and to find methods to restore streams, wetlands and forested areas to their previous condition.

The Appalachian Regional Reforestation Initiative is a multi-partner cooperative effort with the goals of planting hardwood trees on reclaimed coal mined lands in Appalachia and increasing the survival rates and growth rates of planted trees. In addition, the West Virginia Department of Environmental ProtectionWest Virginia Division of Natural ResourcesDepartment of the Interior Office of Surface Mining and Reclamation Enforcement, and U.S. Forest Service, actively treat acid mine drainage in West Virginia to restore water quality in degraded stream systems.

Highway and Road Development

The Service recognizes the critical role transportation plays in the economic and ecological well-being of human communities. Transportation projects influence the character of a region by the number of people and the type and amount of goods and services transported on the nation's system of highways and roads.

Transportation designs can influence the acres of plant, fish and wildlife habitat, and the ecological health of the United States. The Service encourages the design of transportation projects that provide the greatest value to the greatest number of people while maintaining the integrity of our natural community. To learn more about transportation streamlining, visit the Service's Transportation Planning site (link).

Hydropower Projects

Hydropower is the nation's leading renewable energy resource. While hydroelectric power is an important source of energy, development and relicensing of hydropower projects must include environmentally sound measures that provide for protection of the natural resources of the nation.

The operation of hydropower projects may result in periodic flooding for miles downstream, which can increase riverbank erosion and harm fish, invertebrates, amphibians, and other aquatic life. Operation may also periodically result in extremely low flows that severely stress fish.

The WVFO CPA program is responsible for environmental reviews of federal hydropower activities under the authority of the Federal Power Act. We are also responsible for ensuring that hydropower facilities operate with appropriate fish passage fish passage
Fish passage is the ability of fish or other aquatic species to move freely throughout their life to find food, reproduce, and complete their natural migration cycles. Millions of barriers to fish passage across the country are fragmenting habitat and leading to species declines. The U.S. Fish and Wildlife Service's National Fish Passage Program is working to reconnect watersheds to benefit both wildlife and people.

Learn more about fish passage
and provide river flows necessary for the life cycles of aquatic-dependent species. To learn more about hydropower and wildlife, visit the Service's Hydropower Energy and Wildlife site (link).

Communication Towers

The VWFO receives requests from various entities for installation of communication towers or cell towers throughout the State of West Virginia.

We encourage interested entities to review the  voluntary guidelines developed for the siting, construction, operation and decommissioning of communication towers. These guidelines are designed to assist tower companies in developing their communication systems in a way that minimizes the risk to migratory birds and threatened and endangered species. To learn more about communications towers and wildlife, visit the Service's Communications Towers site (link).

Invasive Species

Invasive species invade and cause harm to ecosystems. Their invasion can threaten native ecosystems, or commercial, agricultural, or recreational activities dependent on these ecosystems. They may even harm the health of humans. Human actions, both unintentional and intentional, are the primary means of invasive species invasive species
An invasive species is any plant or animal that has spread or been introduced into a new area where they are, or could, cause harm to the environment, economy, or human, animal, or plant health. Their unwelcome presence can destroy ecosystems and cost millions of dollars.

Learn more about invasive species
introductions and spread to new locations. To learn more about invasive species, visit the Service's Invasive Species site (link).

The Service works with federal and state agencies and private groups to implement national, regional, and local-level invasive species management activities and share information and new techniques for fighting invasive species. Prevention, early detection, rapid response, and control and management are key components of the National Invasive Species Management Plan and interagency/interdepartmental programs. Communications, education, and research are integral to those key components. Read about the Aquatic Species Nuisance Program.

The West Virginia Partners for Fish and Wildlife Program works extensively with invasive species. Learn about our efforts.

Permitting

For information about permitting, visit the Service's Endangered Species Permit site (link).