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Non-RTE Species

EC-02 · Matrix · Ecological Resources

Rating
2Impacts likely but may be easily resolved
Why
Impact likely
Worst case
Not above the rating
Evidence
Inferred
Cited claims
3
Requirements
2
Requests
2

Rating

2Impacts likely but may be easily resolved

The rule

Code computed the rating from the assessor's inputs:

impact_likely=yes -> 2

Set by the rule

Decision
Released
Evidence state
Inferred · reasoned from several records

Revision

Not revised.

The five inputs

  • Present: yes

    Woodlots along Sugar Run (C-71ef7a1eed) and delineated forested/emergent wetlands and a perennial stream (C-473bc604fa, C-b2682b602a) provide suitable habitat for migratory birds and general wildlife. No bird or eagle survey is in the data room, so presence is based on habitat, not documented use.

    Cites C-71ef7a1eed, C-473bc604fa, C-b2682b602a

  • Extent: unknown

    Woodlots are described only as scattered along Sugar Run (C-71ef7a1eed); wetlands total 6.2 acres across a 1,356-acre area (C-473bc604fa). Habitat position relative to the buildable area is not documented, so extent cannot be set as core or peripheral.

    Cites C-71ef7a1eed, C-473bc604fa

  • Avoidable: yes

    Scattered woodlots and limited wetland acreage can typically be handled by clearing outside the nesting season and by siting around the Sugar Run corridor (C-71ef7a1eed, C-b2682b602a). This is a judgment; no eagle nest information is available.

    Cites C-71ef7a1eed, C-b2682b602a

  • Pathway: standard

    MBTA compliance is by avoidance (F-MBTA), through seasonal clearing restrictions. No eagle nests are documented, so an individual eagle permit is not indicated on current evidence (C-71ef7a1eed).

    Cites C-71ef7a1eed

  • Impact likely: yes

    A typical solar build involves grading, tree clearing and crossings of Sugar Run, which would likely disturb woodlot and stream-corridor habitat used by migratory birds (C-71ef7a1eed, C-b2682b602a). Impact is mainly timing.

    Cites C-71ef7a1eed, C-b2682b602a

Comments

Scattered woodlots occur along Sugar Run, and field delineation identified four wetlands totaling 6.2 acres and three streams, providing migratory bird habitat. No avian or eagle nest survey or wildlife agency correspondence is in the data room.

Critique

Verdict
upheld
Suggested direction for the rating
same
Summary

The assessment is broadly reasonable and appropriately hedged. Only minor problems: the pathway claim cites a woodlot claim for eagle absence, the "crossings" and "avoidable" statements are judgment calls, and the Indiana DNR agency listing rests on an unverified item. The category stays the same.

Critic model
Luminol

Issues

  1. Severity minor · Kind unsupported_statement

    The impact_likely rationale says a typical build involves "crossings of Sugar Run". The cited claims don't show that. C-b2682b602a only says the stream bisects the site north to south. The statement is a judgment about a typical layout, but a crossing is plausible given the bisection. It should say so explicitly.

    Cites C-b2682b602a, C-71ef7a1eed

  2. Severity minor · Kind overstatement

    The avoidable rationale says the wetland acreage is "limited" and that siting around Sugar Run is feasible. Sugar Run bisects the center of the site, so avoiding the corridor may constrain layout. The extent is unknown, yet avoidable is set to yes. This is a judgment call. A site layout or woodlot map would settle it.

    Cites C-b2682b602a, C-473bc604fa

  3. Severity minor · Kind unsupported_statement

    The comments and rationale describe the woodlots as providing migratory bird habitat. No claim says anything about bird use. The assessment does flag that this is habitat-based. The "present: yes" input rests on habitat inference alone. The INFERRED evidence state is appropriate.

    Cites C-71ef7a1eed

  4. Severity minor · Kind unsupported_statement

    The pathway rationale says "No eagle nests are documented" and cites C-71ef7a1eed. That claim is only about woodlots, so it doesn't support the point. The absence of nest information is silence, not evidence of absence. The assessment wording partly acknowledges this. The BGEPA requirement (F-BGEPA) was not named, and the citation should be corrected.

    Cites C-71ef7a1eed

  5. Severity minor · Kind missing_next_step

    Next steps should add a desktop review of the USFWS eagle nest database, and a tree-clearing seasonal restriction check. Indiana DNR is listed as an agency based on S-05, which is MODEL_KNOWLEDGE_UNVERIFIED and concerns listed species rather than non-RTE wildlife. It is a minor point.

Checks

  • Passed

    rating_has_evidence · blocking

  • Passed

    presence_is_evidenced · not blocking

  • Passed

    counter_evidence_considered · not blocking

  • Passed

    numbers_grounded · not blocking

  • Passed

    agencies_grounded · not blocking

  • Passed

    cutoff_respected · blocking

  • Passed

    critic_not_refuted · blocking

Evidence (3)

Each claim the row cites: the statement in the assessor's words, then the quote the engine found on the page.

Wetland and Stream Delineation Report May2023

C-473bc604fa · Page 2 of 4 · DR-0005

Open the claim, C-473bc604fa

Field delineation on April 10-14, 2023 identified four wetlands totaling 6.2 acres (palustrine emergent and forested) and three streams within the Project Area.

Quote check Exact · Placed verbatim · The quote occurs on the page exactly as written. · Read as native

SYNTHETIC TEST FIXTURE - FICTIONAL PROJECT Executive Summary Field delineation conducted April 10-14, 2023 Quote starts. identified four wetlands totaling 6.2 acres (palustrine emergent and palustrine forested) and three streams within the Project Area. Quote ends. Sugar Run, a perennial stream, bisects the center of the Project Area from north to south. Two intermittent tributaries to Sugar Run drain the western fields. Sugar Run and its tributaries are likely jurisdictional waters of the United States. We recommend avoidance of all delineated features; collection line crossings of Sugar Run should use horizontal directional drilling (HDD).

The outline marks where the quote begins on the page.

Page 2 of Wetland and Stream Delineation Report May2023
  1. C-473bc604fa

    Field delineation on April 10-14, 2023 identified four wetlands totaling 6.2 acres (palustrine emergent and forested) and three streams within the Project Area.

    Quoted from page 2
    identified four wetlands totaling 6.2 acres (palustrine emergent and palustrine forested) and three streams within the Project Area.

    Wetland and Stream Delineation Report May2023 · DR-0005 · Page 2 · 2023-05-22

    Source field_study · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100

    Cited by AQ-01 · Filed under AQ-01

  2. C-71ef7a1eed

    Scattered woodlots occur along Sugar Run.

    Quoted from page 1
    scattered woodlots along Sugar Run

    Brook Hollow Project Overview 2023-03-15 · DR-0001 · Page 1 · 2023-03-15

    Source developer_document · Claim type presence · Polarity presence · Confidence medium · Quote check exact, 100 of 100

    Cited by EC-01, EN-01 · Filed under AQ-01, EC-02, EN-01

  3. C-b2682b602a

    Sugar Run, a perennial stream, bisects the center of the Project Area from north to south.

    Quoted from page 2
    Sugar Run, a perennial stream, bisects the center of the Project Area from north to south.

    Wetland and Stream Delineation Report May2023 · DR-0005 · Page 2 · 2023-05-22

    Source field_study · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100

    Cited by AQ-01, AQ-02 · Filed under AQ-01

Requirements and permits

The requirements the assessor tied to this row, by level. Each quote from dated law is shown with its source.

Engine 0.1.0, which made this run, wrote no timelines or citations of law.

Federal

  • Compliance through avoidance (no incidental take permit program)

    F-MBTA · U.S. Fish and Wildlife Service

    Applicability
    Conditional
    Instrument
    Migratory Bird Treaty Act (16 U.S.C. 703-712); 50 CFR Parts 10 and 21
    Trigger
    Vegetation clearing or construction where migratory birds nest.
    Description

    Prohibits take of migratory birds, nests and eggs. Managed by clearing vegetation outside the nesting season and avoiding active nests.

    Verification
    PACK_PENDING_QUALIFIED_REVIEW
    Source
    pack:federal
    In the permit matrix
    F-MBTA
  • Eagle nest buffers; eagle incidental take permit if disturbance cannot be avoided

    F-BGEPA · U.S. Fish and Wildlife Service

    Applicability
    Conditional
    Instrument
    Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d); 50 CFR Part 22
    Trigger
    Eagle nests or concentration areas near construction.
    Description

    Protects bald and golden eagles, their nests and eggs from take, including disturbance.

    As of the cut-off

    Changed after the cut-off (not applied): Revised eagle permit regulations (including general permits) took effect. (2024-04-12)

    Verification
    PACK_PENDING_QUALIFIED_REVIEW
    Source
    pack:federal
    In the permit matrix
    F-BGEPA

Also in the permit matrix for this row: S-05

Information requests

  • IR-c5e9053166 · Medium priority

    Provide the eagle nest review or avian survey for the project area, or confirm none exists.

    Missing evidence
    Eagle nest review or avian survey
    Consequence
    Non-RTE Species is rated on partial evidence without it.
    Blocks the decision
    No
    Raised by
    completeness
  • IR-8469920792 · Medium priority

    Provide the wildlife agency correspondence for the project area, or confirm none exists.

    Missing evidence
    Wildlife agency correspondence
    Consequence
    Non-RTE Species is rated on partial evidence without it.
    Blocks the decision
    No
    Raised by
    completeness

Next steps

  • Site visit to confirm habitat and screen for eagle nests.
  • Site around woodlots and Sugar Run; clear trees outside nesting season.
  • Request USFWS/Indiana DNR review.

Agencies

  • USFWS
  • Indiana DNR

Cost and impact

Impact
S
Potential cost level
L
Why

Seasonal clearing windows and a pre-construction nest survey carry minor cost. Schedule is the main exposure.

Impact: C = cost, S = schedule. Potential cost level: L, L-M, M, M-H, H (relative to a utility-scale solar budget).

Lumerian Labs 2026