Attachment 11 - Appendix A Revision.docx

Appendix A: Project Design Features Project Design Features (PDFs) are conservation measures incorporated into the Proposed Action that are required to help avoid or minimize adverse effects of the proposed project to federally listed or proposed species. PDFs are an important part of the proposed action and are included to protect sensitive resources within the action area. PDFs are incorporated into external contracts and are clearly communicated to any personnel completing Project actions to ensure compliance. The following PDFs are included:

Botany 1: To avoid adverse effects to federally listed plants, a botanist shall review each culvert location for suitable habitat for listed plants. Field surveys are required for any culvert replacements within two (2) kilometer of known listed plant locations if it has suitable habitat and for all new culvert installations. Botanical surveys will include a 100 ft buffer around culvert inlets and outlets. If listed plants are NOT detected, it can be replaced and botanists will update the geospatial compliance layer with this information. Negative presence/absence surveys are valid for 5 years from their completion unless new information suggests otherwise. If listed plants are found, an appropriately sized avoidance buffer will be required and added to the geospatial compliance layer. The avoidance buffer prevents direct disturbance that may adversely affect the species. The buffer size determination will consider the biological needs of the known Federally listed plant and use the best available science and monitoring data to set the buffer size. Buffers will vary in size and shape for this project and could range from 10 to 100 feet in size from the edge of known Federally listed plants.

Fisheries 1: Culverts conveying perennial or intermittent streams will not be replaced.

Fisheries 2: Sediment and erosion control measures are specified in contracts and include but are not limited to:

· Protect disturbed or newly constructed slopes within 25 feet of streams with approved seed mixtures and straw, mulch, and small limbs on the same day as disturbance;

· Contractors shall submit erosion and pollution control plans to the contracting officer for approval prior to any earth disturbing activities, and

· Seed all disturbed areas, except the road surface.

Wildlife 1: Tree felling and removal will be avoided to the extent possible in spruce fir and northern hardwood forests within the Carolina northern flying squirrel and spruce fir moss spider consultation range. If tree felling can’t be avoided, the following will be implemented to avoid adverse effects to these species:

· No night work will occur.

· All trees proposed for cutting or trimming will be marked by the contractor and inspected by a qualified biologist. The biologist will:

· Inspect marked trees to determine species and suitability for dreys and/or denning.

· If suitable trees are identified and cannot be avoided, the biologist will inspect accessible cavities visually for evidence of CNFS use. Any trees containing evidence of use or that cannot be adequately surveyed will not be removed.

· If suitable spruce fir moss spider habitat is nearby, do not cut down any trees.

· Contractors will be informed of the potential presence of Carolina northern flying squirrel and spruce fir moss spider. If flying squirrels of any type are observed by the contractor, all work in the area will stop, and the contractor will immediately contact the action agency and USFWS for further guidance. No work will begin at the structure location until discussions with the USFWS have concluded.

Wildlife 2: Avoid removing large rock outcrops (that is, those larger than trucks that have suitable roosting crevices/cavities that are often suitable for climbing or bouldering) during culvert replacement or culvert installation work in Avery and Caldwell Counties to prevent adverse effects to Virginia big-eared bat.

Wildlife 3: Apply applicable Tier 2 Regional Bat Consultation Conservation Measures.

· Surveys for Federally listed or proposed bat species shall be completed for culverts greater than or equal to 3 feet in diameter prior to replacement (LTH-CM-8.1). Culvert replacement can proceed for culverts with no bats or evidence of bats. The geospatial compliance layer should be updated with this information.

· Tree felling will not exceed 20 acres across all ditch relief culvert replacements and installations, unless a new Tier 2 Form is completed and submitted to USFWS.

· Apply additional conservation measures (as listed in “Tier 2 Regional Bat Consultation Required Conservation Measures” Section) if culvert is within a BCS buffers.

· Reporting of tree felling actions (dates of removal and number of trees removed) is required in the following situations. See geospatial compliance layer to see if the culvert is inside a bat buffer.

· Report for all trees cut April 1 thru September 30.

· If culvert is inside a 3 or 5-mile bat buffer* (see page 80 of Tier 1 Regional Bat Programmatic BO), report for trees cut April 1 thru November 15.

*Reporting for tricolored bat will only occur after any final proposed rule for federal listing becomes effective.

General 1: As part of Project implementation, a mapping tool will be created and shared with contractors and USFWS to convey relevant Project compliance information. The mapping tool will include geospatial data regarding culvert replacement and installation locations, site-specific PDFs required, and natural resource surveys completed to date. Contractors will be expected to review the mapping tool prior to beginning work at each culvert to ensure the work meets all compliance requirements and adverse effects to federally listed species are avoided. FS can meet with USFWS on a quarterly, biannual, or annual basis to review survey results and status of culvert replacement projects.

Tier 2 Regional Bat Consultation Required Conservation Measures The conservation measures (CMs) included in the Bat Conservation Strategy (BCS) were developed to minimize, avoid, or provide conservation benefits to Indiana bat, northern long-eared bat, and tricolored bat. Below are all CMs applicable to the project (identified in the Tier 2 Form) that must be included as part of the proposed action. Most measures only apply if you are inside a bat buffer. Where these measures apply will be tracked as part of General 1 inside the geospatial compliance layer by a biologist.

For construction, maintenance, repair, or replacement activities where there is evidence of bat use of the structure (see LTH-CM-8.1 and 8.2):

• Conduct the work at a time of year when bats are not using the structure.

• If planned maintenance, repair, replacement, or demolition activities must occur when BCS species are present, coordinate with USFWS prior to activities taking place to identify appropriate steps to avoid or minimize adverse impacts; the project may require consultation outside the BCS.

• Construction of new roads or trails;

• Vegetation management when it is not the project’s sole or primary purpose to improve roosting and foraging habitat for bats;

• Firewood cutting of any standing snags or trees; and

• Harvesting of special forest products that may be a component of a potential spring staging and fall swarming roost(s) (e.g., shagbark hickory bark, Spanish moss, etc.).

• Exceptions may exist for maintenance of rights-of-way (see HMC-CM-14.2)

Note: Where a BCS hibernaculum is within or near a building or other anthropogenic structure occupied by BCS or unidentified bat species, routine administrative activities, such as grass mowing, garbage collection, restroom cleaning, campsite maintenance, fee collection, camping, etc., can proceed outside of the hibernaculum. Coordinate with a FS biologist if there are questions whether an administrative activity can be considered routine as it relates to BCS species. If valid human health and safety concerns or other extenuating reasons exist that make the application of the primary hibernaculum buffer impossible or the buffer itself would severely impact or alter the maintenance, use, and function of the building or structure in question, evaluation of protection measures may be necessary on a case-by-case basis with FS biologist input and in coordination with USFWS. Also see the Roosts in Buildings and Other Anthropogenic Structures section if the structure is used as a summer roost.

• The tree is deemed a high-priority hazard tree requiring immediate cutting, or

• Mowing, brushing, and tree limbing activities associated with the maintenance of an existing right-of-way is allowable. Maintenance activities must be designed to not have an overall negative effect on the suitability and continued use of the hibernaculum and surrounding habitat.

• Construction of new, or expansion, modification, or realignment of maintenance level 4-5 roads outside of existing, cleared rights-of-way (i.e. trees are already cleared).

• Firewood cutting of any standing snags or trees.

• Harvesting of special forest products that may be a component of potential spring staging or fall swarming roost(s) (e.g., shagbark hickory bark, Spanish moss, etc.).

• Construction of new, or expansion, modification, or realignment of maintenance level 4-5 roads outside of existing, cleared rights-of-way (i.e. trees are already cleared).

• Firewood cutting of any standing snags or trees.

• Permanent land use conversion and habitat type conversion activities (includes living and standing dead suitable roost trees).

• Commercial or personal use collection/harvest activities of special forest products that have negative effects to BCS species or their habitats, such as any item(s) deemed to be a component of or contribute to the characteristics of potential roost sites will be prohibited from harvest (e.g., shagbark hickory bark, Spanish moss, etc.). Such activities must be evaluated and approved on a case-by-case basis in coordination with a FS Biologist.

• Construction of new roads or trails.

• For any other activity that may impact a known roost or surrounding habitat within 150 feet of the known roost that is not specified in the conservation measures and recommendations for the primary roost buffer below, coordinate with a FS Biologist.

Note: Where a roost is present in or near an administrative area, routine administrative activities, such as grass mowing, garbage collection, restroom cleaning, campsite maintenance, fee collection, camping, etc., can proceed. Coordinate with a FS biologist if there are questions whether an administrative activity can be considered routine as it relates to BCS species. If the roost is within a building or other anthropogenic structure, see the Roosts in Buildings and Other Anthropogenic Structures section below.

• If a high-priority hazard tree must be cut, see RMC-CM-19.4.

• Timber harvest conducted outside the summer occupancy period is allowable but must be designed to improve bat roosting and foraging habitat or respond to forest health issues (i.e., salvage). Activities must retain live trees ≥12-inches DBH and all snags, where safety allows.

• Management for insect and disease outbreaks and other forest health issues (such as oak decline) conducted during the hibernation period is allowable. Only the minimum number of trees required to prevent or contain the spread should be cut.

• Maintenance to existing roads or trails is allowable but only the minimum number of trees necessary should be cut.

* Coastal Zone Units Only: Where bats are active year-round, prohibitions apply when temperatures are below 40°F (when bats may enter a brief torpor).

*Coastal Zone Units Only: Where bats are active year-round, disturbance to the known roost is also prohibited when temperatures are below 40°F when bats may enter a brief torpor.

• Firewood cutting of any standing snags or trees.

• Commercial or personal use collection/harvest activities of special forest products that have negative effects to BCS species or their habitats, such as any item(s) deemed to be a component of or contribute to the characteristics of potential roost sites will be prohibited from harvest (e.g., shagbark hickory bark, Spanish moss, etc.). Such activities must be evaluated and approved on a case-by-case basis in coordination with a FS biologist.

• Construction of new, or expansion, modification, or realignment of maintenance level 4-5 roads outside of existing, cleared rights-of-way (i.e. trees are already cleared).

• Coordinate with a FS Biologist for any other activity that may impact the integrity of the roosting area or undocumented roosts that is not specified in the conservation measures and recommendations for the secondary roost buffer below.

• If a high-priority hazard tree must be cut, see RMC-CM-20.3.

• Timber harvest conducted during timeframes outside of the pup season is allowable but must be designed to improve bat roosting and foraging habitat or respond to forest health issues (i.e., salvage). Activities must retain live trees ≥12” DBH and all snags, where safety allows.

• Management for insect and disease outbreaks and other forest health issues (such as oak decline) conducted outside of the pup season is allowable. Only the minimum number of trees required to prevent or contain the spread should be cut. If it is critical to remove trees during the seasonally restricted period, coordinate with FS biologist and USFWS; stand-alone consultation may be necessary.

• Maintenance to existing roads or trails is allowable but only the minimum number of trees necessary should be cut.

* Coastal Zone Units Only: Where bats are active year-round, prohibitions also apply when temperatures are below 40°F (when bats may enter a brief torpor).

• Conduct the work at a time of year when bats are not using the structure.

• If planned maintenance, repair, replacement, or demolition activities must occur when BCS species are present, coordinate with USFWS prior to activities taking place to identify appropriate steps to avoid or minimize adverse impacts; the project may require consultation outside the BCS.

Note: If planned required maintenance, repair, or another activity expected to disturb BCS or unidentified bat species must occur when bats are present, coordinate with USFWS prior to activities taking place to identify appropriate steps to avoid or minimize adverse impacts (e.g. using appropriately-timed exclusion methods or installing suitable alternative roosts). The project may require consultation outside the BCS.

• Conduct the work at a time of year when bats are not using the transportation structure.

• If planned maintenance, repair, or replacement of transportation structures must occur when BCS species are present, coordinate with USFWS prior to activities taking place to identify appropriate steps to avoid or minimize adverse impacts. If there is potential for a maternity colony or more than 5 bats may be affected, the project may require consultation outside the BCS.