608707 FW.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 608707-123872

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DOCUMENT A00870

MASSACHUSETTS

DIVISION OF FISHERIES AND WILDLIFE

NATURAL HERITAGE AND

ENDANGERED SPECIES

PROGRAM

Massachusetts Department Of Transportation Highway Division

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THIS PAGE IS INTENTIONALLY LEFT BLANK

June 08, 2022

United States Department of the Interior

FISH AND WILDLIFE SERVICE

New England Ecological Services Field Office 70 Commercial Street, Suite 300

Concord, NH 03301-5094 Phone: (603) 223-2541 Fax: (603) 223-0104

In Reply Refer To:

Project code: 2022-0026313 Project Name: 608707 QUINCY- RECONSTRUCTION OF SEA STREET

Subject: Consistency letter for the '608707 QUINCY- RECONSTRUCTION OF SEA

STREET' project under the revised February 5, 2018, FHWA, FRA, FTA Programmatic Biological Opinion for Transportation Projects within the Range of the Indiana Bat and Northern Long-eared Bat.

To whom it may concern:

The U.S. Fish and Wildlife Service (Service) has received your request dated June 08, 2022 to verify that the 608707 QUINCY- RECONSTRUCTION OF SEA STREET (Proposed Action) may rely on the revised February 5, 2018, FHWA, FRA, FTA Programmatic Biological Opinion for Transportation Projects within the Range of the Indiana Bat and Northern Long-eared Bat (PBO) to satisfy requirements under Section 7(a)(2) of the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et seq.).

Based on the information you provided (Project Description shown below), you have determined that the Proposed Action will have no effect on the endangered Indiana bat (Myotis sodalis) or the threatened Northern long-eared bat (Myotis septentrionalis). If the Proposed Action is not modified, no consultation is required for these two species. If the Proposed Action is modified, or new information reveals that it may affect the Indiana bat and/or Northern long-eared bat in a manner or to an extent not considered in the PBO, further review to conclude the requirements of ESA Section 7(a)(2) may be required.

For Proposed Actions that include bridge/culvert or structure removal, replacement, and/or maintenance activities: If your initial bridge/culvert or structure assessments failed to detect Indiana bats, but you later detect bats prior to, or during construction, please submit the Post Assessment Discovery of Bats at Bridge/Culvert or Structure Form (User Guide Appendix E) to this Service Office within 2 working days of the incident. In these instances, potential incidental take of Indiana bats may be exempted provided that the take is reported to the Service.

If the Proposed Action may affect any other federally-listed or proposed species and/or designated critical habitat, additional consultation between the lead Federal action agency and this Service Office is required. If the proposed action has the potential to take bald or golden

A00870 - 3 eagles, additional coordination with the Service under the Bald and Golden Eagle Protection Act may also be required. In either of these circumstances, please advise the lead Federal action agency accordingly.

The following species may occur in your project area and are not covered by this determination:

Monarch Butterfly Danaus plexippus Candidate Roseate Tern Sterna dougallii dougallii Endangered

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Project Description The following project name and description was collected in IPaC as part of the endangered species review process.

Name

608707 QUINCY- RECONSTRUCTION OF SEA STREET

Description

608707 QUINCY- RECONSTRUCTION OF SEA STREET

Project will improve safety, reduce congestion, upgrade traffic signals and roadway conditions for all users: vehicles, transit, bike and pedestrian.

Roseate Tern: After consulting with the Massachusetts Natural Heritage and Endangered Species Program (NHESP), it was determined that there is no data to suggest the presence of habitat and/or individuals at this project location Monarch Butterfly: Candidate Species only, no conservation measures at this time.

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Determination Key Result Based on the information you provided, you have determined that the Proposed Action will have no effect on the endangered Indiana bat and/or the threatened Northern long-eared bat. Therefore, no consultation with the U.S. Fish and Wildlife Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (ESA) (87 Stat. 884, as amended 16 U.S.C. 1531 et seq.) is required for these two species.

Qualification Interview Is the project within the range of the Indiana bat ?

[1] See Indiana bat species profile

Automatically answered No Is the project within the range of the Northern long-eared bat ?

[1] See Northern long-eared bat species profile

Automatically answered Yes Which Federal Agency is the lead for the action?

A) Federal Highway Administration (FHWA) Are all project activities limited to non-construction activities only? (examples of non-construction activities include: bridge/abandoned structure assessments, surveys, planning and technical studies, property inspections, and property sales)

[1] Construction refers to activities involving ground disturbance, percussive noise, and/or lighting.

No Does the project include any activities that are greater than 300 feet from existing road/ rail surfaces ?

[1] Road surface is defined as the actively used [e.g. motorized vehicles] driving surface and shoulders [may be pavement, gravel, etc.] and rail surface is defined as the edge of the actively used rail ballast.

No Does the project include any activities within 0.5 miles of a known Indiana bat and/or NLEB hibernaculum ?

[1] For the purpose of this consultation, a hibernaculum is a site, most often a cave or mine, where bats hibernate during the winter (see suitable habitat), but could also include bridges and structures if bats are found to be hibernating there during the winter.

No Is the project located within a karst area?

No

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Proposal No. 608707-123872

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Is there any suitable summer habitat for Indiana Bat or NLEB within the project action area ? (includes any trees suitable for maternity, roosting, foraging, or travelling habitat)

[1] See the Service’s summer survey guidance for our current definitions of suitable habitat.

[2] The action area is defined 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 Section 402.02). Further clarification is provided by the User's Guide for the Range-wide Programmatic Consultation for Indiana Bat and Northern Long-eared Bat.

No Does the project include wetland or stream protection activities associated with compensatory wetland mitigation?

No Does the project include slash pile burning?

No Does the project include any bridge removal, replacement, and/or maintenance activities (e.g., any bridge repair, retrofit, maintenance, and/or rehabilitation work)?

No Does the project include the removal, replacement, and/or maintenance of any structure other than a bridge? (e.g., rest areas, offices, sheds, outbuildings, barns, parking garages, etc.)

No Will the project involve the use of temporary lighting during the active season?

Yes Is there any suitable habitat within 1,000 feet of the location(s) where temporary lighting will be used?

No Will the project install new or replace existing permanent lighting?

Yes Is there any suitable habitat within 1,000 feet of the location(s) where permanent lighting will be installed or replaced?

No Does the project include percussives or other activities (not including tree removal/ trimming or bridge/structure work) that will increase noise levels above existing traffic/ background levels?

Yes Will the activities that use percussives (not including tree removal/trimming or bridge/ structure work) and/or increase noise levels above existing traffic/background levels be conducted during the active season ?

[1] Coordinate with the local Service Field Office for appropriate dates.

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Proposal No. 608707-123872

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Will any activities that use percussives (not including tree removal/trimming or bridge/ structure work) and/or increase noise levels above existing traffic/background levels be conducted during the inactive season ?

[1] Coordinate with the local Service Field Office for appropriate dates.

Yes Are all project activities that are not associated with habitat removal, tree removal/ trimming, bridge and/or structure activities, temporary or permanent lighting, or use of percussives, limited to actions that DO NOT cause any additional stressors to the bat species?

Examples: lining roadways, unlighted signage , rail road crossing signals, signal lighting, and minor road repair such as asphalt fill of potholes, etc.

Yes Will the project raise the road profile above the tree canopy?

No Is the location of this project consistent with a No Effect determination in this key?

Automatically answered Yes, because the project action area is not within suitable Indiana bat and/or NLEB summer habitat and is outside of 0.5 miles of a hibernaculum.

Is the temporary lighting portion of this project consistent with a No Effect determination in this key?

Automatically answered Yes, because the lighting will be more than 1,000 feet from the nearest suitable habitat Is the permanent lighting portion of this project consistent with a No Effect determination in this key?

Automatically answered Yes, because the lighting will be more than 1,000 feet from the nearest suitable habitat

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Determination Key Description: FHWA, FRA, FTA Programmatic Consultation For Transportation Projects Affecting NLEB Or Indiana Bat This key was last updated in IPaC on March 22, 2022. Keys are subject to periodic revision.

This decision key is intended for projects/activities funded or authorized by the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), and/or Federal Transit Administration (FTA), which may require consultation with the U.S. Fish and Wildlife Service (Service) under Section 7 of the Endangered Species Act (ESA) for the endangered Indiana bat (Myotis sodalis) and the threatened Northern long-eared bat (NLEB) (Myotis septentrionalis).

This decision key should only be used to verify project applicability with the Service’s February 5, 2018, FHWA, FRA, FTA Programmatic Biological Opinion for Transportation Projects. The programmatic biological opinion covers limited transportation activities that may affect either bat species, and addresses situations that are both likely and not likely to adversely affect either bat species. This decision key will assist in identifying the effect of a specific project/activity and applicability of the programmatic consultation. The programmatic biological opinion is not intended to cover all types of transportation actions. Activities outside the scope of the programmatic biological opinion, or that may affect ESA-listed species other than the Indiana bat or NLEB, or any designated critical habitat, may require additional ESA Section 7 consultation.

Proposal No. 608707-123872

A00870 - 9 https://www.fws.gov/sites/default/files/documents/programmatic-biological-opinion-for-transportation-projects-2018-02-05.pdf https://www.fws.gov/sites/default/files/documents/programmatic-biological-opinion-for-transportation-projects-2018-02-05.pdf

IPaC User Contact Information Agency: Massachusetts Department of Transportation Name: Hana Isihara Address: 10 Park Plaza City: Boston State: MA Zip: 02116 Email hana.l.isihara@dot.state.ma.us Phone: 6178964454

Lead Agency Contact Information Lead Agency: Federal Highway Administration

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