NEPA_CE_PRWI_406(1).pdf

United States Department of the

NÄTIONAL PARK SIRVICE

Prlnce William Forest Park 18100 Psrk Hcadquarters Rd

Trlanpl¡. Vùrr?'t, r.B. (PRWI)

October t6,2017

Ms. Julie Langan State Hístoric Preservation Officer Virginia Deparfinent of Historic Resources 2801 Kensingtan Avenue Richmond, VA23221, ATTN: Ethel Eaton

Dear Ms. Langan:

Prince I/illiam Forest Park, project involving the repair a unit of the National Park Service(NPS), youf concurrence on a and renovation of a historic vehicular bridge the park's Cabin Branch

Pyrite Mine Historic District. This requested concurrence is in to our compliance with Four-step Process.section 1û6 of the National Historic Prescrvation Act through the

Park staff received recommendations from several sources, including rcpûrts from tho Federal Hi ghways Administration, historic architectural recornmendãtions ñom NPS's Historic Preservation Training Center, and technical guidance from a certified engineer with culû¡ral resource three sources. NPS hasexpertise. There were many consistencies in the recomnendations from recommended a course of action relative to the repairs to the Pyrite Mine Bridge. These reports and the recom¡nended actious are included with the Section I06

The park determincd that this proposed project constituted a no adverse Our interdisciplinary team, consisting of the regional archeologíst, historical landscape and historic architect concurred with this determination-4/ þaqf,¿r ¿¿ úh fu,a¿n',7't We request yor¡r concrurence that the above actions do not represent an effect. Ifyouhave questions or concen$ about this project, please contact chief of resurce David A. Ek at

(703) 221-3329 (enrail Þ. _avid E"k@np-e.Sol¿). ThÊnk you for your of Prince \¡/illiam Forest Pa¡k.

support for the rèsources

Sincerely, t

I concur that the above-described project will not have an adveise effect within Prince William Forest Park, National Park Service.

historic properties located

,4 Ðate

Attachments cc: Sam Tambuno, National Capital Regionos Chief of Culilral

Hi

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Virginia Ecological Services Field Office

6669 Short Lane

Gloucester, VA 23061-4410

Phone: (804) 693-6694 Fax: (804) 693-9032 http://www.fws.gov/northeast/virginiafield/

In Reply Refer To:

Consultation Code: 05E2VA00-2018-I-1514

Event Code: 05E2VA00-2018-E-03550

Project Name: PRWI 406(1)

Subject: Concurrence verification letter for the 'PRWI 406(1)' project under the December 15, 2016 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 to verify that the

PRWI 406(1) (Proposed Action) may rely on the concurrence provided in the December 15, 2016, 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 repeated below), you have determined that the Proposed Action is within the scope and adheres to the criteria of the PBO, including the adoption of applicable avoidance and minimization measures, and is not likely to adversely affect (NLAA) the endangered Indiana bat (Myotis sodalis) and/or the threatened Northern long-eared bat (Myotis septentrionalis).

The Service has 14 calendar days to notify the lead Federal action agency or designated non-federal representative if we determine that the Proposed Action does not meet the criteria for a

NLAA determination under the PBO. If we do not notify the lead Federal action agency or designated non-federal representative within that timeframe, you may proceed with the Proposed

Action under the terms of the NLAA concurrence provided in the PBO. This verification period allows Service Field Offices to apply local knowledge to implementation of the PBO, as we may identify a small subset of actions having impacts that were unanticipated. In such instances, Service Field Offices may request additional information that is necessary to verify inclusion of the proposed action under the PBO.

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. If the Proposed

January 31, 2018 http://www.fws.gov/northeast/virginiafield/

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Action may affect any other federally-listed or proposed species, or any designated critical habitat, additional consultation is required. In either of these circumstances, please contact this

Office.

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

▪ Harperella, Ptilimnium nodosum (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

PRWI 406(1)

Description

Improvements will be made to the Pyrite Mine Road Bridge over Quantico Creek within the

Prince William Forest Park. Temporary supports will be placed in Quantico Creek to support the historic bridge while the permanent masonry abutments are repaired. The time frame for work is November - May.

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Determination Key Result Based on your answers provided, this project(s) may affect, but is not likely to adversely affect, the endangered Indiana bat and/or the threatened Northern long eared bat; therefore, 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. However, also based on your answers provided, this project may rely on the December 15, 2016 FHWA, FRA, FTA Programmatic Biological Opinion for Transportation Projects within the Range of the

Indiana Bat and Northern Longeared Bat.

Qualification Interview

1. Is the project within the range of the Indiana bat ?

[1] See Indiana bat species profile

Automatically answered

No

2. Is the project within the range of the Northern long-eared bat (NLEB)?

[1] See Northern long-eared bat species profile

Automatically answered

Yes

3. Which Federal Agency is the lead for the action?

A) Federal Highway Administration (FHWA)

4. Are all project activities limited to non-construction activities only? (examples of non-construction activities include: bridge/abandoned structure assessments, property inspections, planning and technical studies, property sales, property easements, and equipment purchases)

No

5. Are all project activities completely within the existing road/rail surface (e.g., road line painting)?

[1] Road surface is defined as the driving surface and shoulders (may be pavement, gravel, etc.) and rail surface is defined as the edge of the rail ballast.

Yes

[1]

[1]

[1] http://ecos.fws.gov/ecp0/profile/speciesProfile?spcode=A000 http://ecos.fws.gov/ecp0/profile/speciesProfile?spcode=A0JE

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6. Will the project raise the road profile above the tree canopy within 1,000 feet of known summer habitat (based on documented roosts and/or captures)?

No

7. Does the project include percussives or other activities (not including the removal of trees) that will increase noise levels above existing traffic/background levels?

Yes

8. Is there any suitable summer habitat for Indiana Bat or NLEB within the project 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.

Yes

9. Will the project clear any suitable summer habitat ?

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

No

10. Have presence/probable absence (P/A) summer surveys been conducted ?

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

[2] Presence/probable absence summer surveys conducted within the fall swarming/spring emergence home range of a documented Indiana bat hibernaculum(contact local Service Field Office for appropriate distance from hibernaculum) that result in a negative finding requires additional consultation with the local Service Field Office to determine if clearing of forested habitat is appropriate and/or if seasonal clearing restrictions are needed to avoid and minimize potential adverse effects on fall swarming and spring emerging Indiana bats.

[3] Negative presence/probable absence survey results obtained using the summer survey guidance are valid for a minimum of two years from the completion of the survey unless new information (e.g., other nearby surveys) suggest otherwise.

[4] negative presence/probable absence survey results obtained using the summer survey guidance are valid for a minimum of two years from the completion of the survey unless new information (e.g., other nearby surveys) suggest otherwise.

No, P/A surveys have not been conducted and therefore it is assumed that bats are present for this analysis

[1]

[1]

[1][2] [3][4] https://www.fws.gov/midwest/endangered/mammals/inba/inbasummersurveyguidance.html https://www.fws.gov/midwest/endangered/mammals/inba/inbasummersurveyguidance.html https://www.fws.gov/midwest/endangered/mammals/inba/inbasummersurveyguidance.html https://www.fws.gov/midwest/endangered/mammals/inba/inbasummersurveyguidance.html https://www.fws.gov/midwest/endangered/mammals/inba/inbasummersurveyguidance.html

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11. Does the project include activities within documented NLEB habitat ?

[1] Documented roosting or foraging habitat – for the purposes of this consultation, we are considering documented habitat as that where Indiana bats and/or NLEB have actually been captured and tracked using (1) radio telemetry to roosts; (2) radio telemetry biangulation/triangulation to estimate foraging areas; or (3) foraging areas with repeated use documented using acoustics. Documented roosting habitat is also considered as suitable summer habitat within 0.25 miles of documented roosts.)

[2] For the purposes of this key, we are considering documented corridors as that where Indiana bats and/or

NLEB have actually been captured and tracked to using (1) radio telemetry; or (2) treed corridors located directly between documented roosting and foraging habitat.

Yes

12. Does the project include any ground disturbing activities?

Yes

13. Is the project located within a karst area?

No

14. Will the project include any type of activity that could impact a known hibernaculum , or impact a karst feature (e.g., sinkhole, losing stream, or spring) that could result in effects to a known 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

15. Does the project include any activities within 0.5 miles of an 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

16. Does the project include any activities greater than 300 feet from existing road/rail surfaces?

No

[1][2]

[1]

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17. Does the project include slash pile burning?

No

18. Does the project include any bridge removal and/or replacement activities?

No

19. Does the project include any bridge maintenance activities (e.g., any bridge repair, retrofit, maintenance, and/or rehabilitation work)?

Yes

20. Has a Bridge Assessment for use by bats been conducted within the last 12 months ?

[1] See User Guide Appendix D for bridge/abandoned structure assessment guidance

[2] Assessments must be completed a maximum of 1 year prior to conducting any work below the deck surface on all bridges that meet the physical characteristics described in the Programmatic Consultation, regardless of whether assessments have been conducted in the past. Due to the transitory nature of bat use, a negative result in one year does not guarantee that bats will not use that bridge/structure in subsequent years.

No

21. Do the bridge maintenance activities include drilling down through the surface of the bridge deck to the underside of the deck?

Yes

22. Do the bridge maintenance activities include work on the underside of the bridge deck

(e.g., wing-wall work, abutment, beam end, scour, or pier repair)?

Yes

23. Do the bridge maintenance activities include above or below deck work using percussives

(vibration)?

Yes

24. Will bridge maintenance activities raise noise levels above background traffic?

Yes

25. Will any bridge maintenance activities be done during the Indiana bat and/or NLEB active season? (i.e., will maintenance activities be done during the spring, summer, and/or fall)

No

[1] [2] http://www.fws.gov/midwest/endangered/section7/fhwa/index.html

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26. Will any bridge maintenance activities be done outside of the Indiana bat and/or NLEB active season? (i.e., will maintenance activities be done in the winter)

Yes

27. Will your bridge related activities disturb or harass roosting bats in any way?

No

28. Will the bridge related activities make the bridge no longer suitable for roosting?

No

29. Does the project include the removal and/or replacement of any structures other than a bridge? (e.g., rest areas, offices, sheds, outbuildings, barns, parking garages, etc.)

No

30. Does the project include maintenance activities of any structures other than a bridge? (e.g., rest areas, offices, sheds, outbuildings, barns, parking garages, etc.)

No

31. Does the project include tree removal?

Yes

32. Will the tree removal alter any documented Indiana bat or NLEB roosts and/or alter any surrounding summer habitat within 0.25 mile of a documented roost?

No

33. Will any tree removal occur within 100 feet of existing road/rail surfaces ?

[1] Road surface is defined as the driving surface and shoulders (may be pavement, gravel, etc.) and rail surface is defined as the edge of the rail ballast.

Yes

34. Will all tree removal occur within 100 feet of existing road/rail surfaces?

Yes

35. Are all trees that are being removed clearly demarcated?

Yes

36. Will the project involve the use of temporary lighting during the construction/ maintenance activities?

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37. Will the project install new (or replace existing) permanent lighting?

38. General AMM 1

Will the project ensure all operators, employees, and contractors working in areas of known or presumed bat habitat are aware of all FHWA/FRA/FTA (Transportation

Agencies) environmental commitments, including all applicable Avoidance and

Minimization Measures?

Yes

39. Tree Removal AMM 1

Can all phases/aspects of the project (e.g., temporary work areas, alignments) be modified, to the extent practicable, to avoid tree removal in excess of what is required to implement the project safely?

Note: Tree Removal AMM 1 is an avoidance measure, the full implementation of which may not always be practicable. In such cases, projects may still be NLAA as long as Tree Removal AMMs 2, 3, and 4 are implemented

Yes

40. Tree Removal AMM 2

Can all tree removal activities be restricted to when bats are not likely to be present ?

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

Yes

41. Tree Removal AMM 3

Can tree removal be limited to that area specified in project plans, and assured through: (1) installation of bright colored flagging/fencing prior to any tree clearing to ensure contractors stay within clearing limits, and (2) confirmation that contractors understand clearing limits and how they are marked in the field?

Yes

42. Bridge AMM 1

Will all bridge maintenance activities be performed during the Indiana bat and/or NLEB winter hibernation period?

Automatically answered

Yes - you indicated that no bridge maintenance activities will be done during the active season

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43. Bridge AMM 5

Will you ensure that suitable roosting sites remain after any bridge work?

Automatically answered

Yes - you indicated that suitable roosting sites will remain after bridge related activities

Project Questionnaire

1. Please verify:

No documented NLEB roosts or surrounding summer habitat within 150 feet of documented roosts will be impacted between June 1 and July 31.

Yes

2. Please describe the proposed bridge work:

The permanent stone abutments will be repaired and the deck will be milled and resurfaced. One tree with roots in an abutment will be removed.

3. Please state the timing of all proposed bridge work:

Work is programmed for November - May.

4. Have you made a No Effect determination for all other species indicated on the FWS IPaC generated species list?

Yes

5. Have you made a May Affect determination for any other species on the FWS IPaC generated species list?

No

6. How many acres of trees are proposed for removal?

7. Please verify:

All tree removal will occur greater than 0.5 mile from any hibernaculum.

Yes, I verify that all tree removal will occur greater than 0.5 miles from any hibernaculum.

8. The project location is 0-100 feet from the edge of existing road/rail surface.

Yes

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9. The project location is 100-300 feet from the edge of existing road/rail surface.

Avoidance And Minimization Measures (AMMs) These measures were accepted as part of this determination key result:

GENERAL AMM 1

Ensure all operators, employees, and contractors working in areas of known or presumed bat habitat are aware of all FHWA/FRA/FTA (Transportation Agencies) environmental commitments, including all applicable AMMs.

TREE REMOVAL AMM 1

Modify all phases/aspects of the project (e.g., temporary work areas, alignments) to the extent practicable to avoid tree removal in excess of what is required to implement the project safely.

Note: Tree Removal AMM 1 is an avoidance measure, the full implementation of which may not always be practicable.

In such cases, projects may still be NLAA as long as Tree Removal AMMs 2, 3, and 4 are implemented.

TREE REMOVAL AMM 2

Apply time of year (TOY) restrictions for tree removal when bats are not likely to be present.

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

TREE REMOVAL AMM 3

Ensure tree removal is limited to that specified in project plans. Install bright colored flagging/ fencing prior to any tree clearing to ensure contractors stay within clearing limits. Ensure that contractors understand clearing limits and how they are marked in the field.

BRIDGE AMM 1

To completely avoid direct effects to roosting bats, perform any bridge repair, retrofit, maintenance, and/or rehabilitation work during the winter hibernation period .

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

BRIDGE AMM 5

Ensure suitable roosting sites remain after any bridge work. Suitable roosting sites may be incorporated into the design of a new bridge.

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Additional Avoidance And Minimization Measures (AMMs) These measures are not required for this project as described:

TREE REMOVAL AMM 4

Do not cut down documented Indiana bat or NLEB roosts (that are still suitable for roosting) or trees within 0.25 miles of roosts, or documented foraging habitat at any time of year.

TREE REMOVAL AMM 5

Avoid conducting tree removal within documented Indiana bat roosting/foraging habitat or travel corridors from May 1-July 31.

[1] Documented roosting or foraging habitat – for the purposes of this BA, we are considering documented habitat as that where Indiana bats and/or NLEB have actually been captured and tracked using (1) radio telemetry to roosts; (2) radio telemetry biangulation/triangulation to estimate foraging areas; or (3) foraging areas with repeated use documented using acoustics. Documented roosting habitat is also considered as suitable summer habitat within 0.25 miles of documented roosts.

[2] Documented travel corridor - for the purposes of this BA, we are considering documented corridors as that where

Indiana bats and/or NLEB have actually been captured and tracked to using (1) radio telemetry; or (2) tree corridors located directly between documented roosting and foraging habitat.

TREE REMOVAL AMM 6

Minimize tree removal within suitable Indiana bat habitat (no documented habitat) from May 1-

July 31 in the following manner:

1) Limit clearing such that all trees can be visually assessed.

2a) Conduct visual emergence surveys if trees are greater than or equal to 9 inches diameter at breast height (dbh).

▪ If no bats are observed, proceed with clearing the following day.

▪ If bats observed, modify project to conduct tree removal after August 1.

OR

2b) If trees are <9 inches dbh, no emergence survey required.

TREE REMOVAL AMM 7

Avoid removing documented NLEB maternity roosts and trees within 150 feet of those roosts from June 1-July 31.

[2]

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BRIDGE AMM 2

If construction activity is planned during the active season, perform a bridge assessment for presence of bats.

[1] See User Guide Appendix D for bridge assessment guidance

BRIDGE AMM 3

If bridge assessment for bats suggests presence of bats, ensure activity will not disturb bats.

BRIDGE AMM 4

If bridge assessment for bats suggests presence of a small number of bats (5)6, conduct bridge repair, retrofit, maintenance, and/or rehabilitation work (including activity with percussives) outside of pup season (June 1- July 31) AND keep the light localized in the evening while the bats are feeding, starting one hour after sunset and ending one hour before daylight, excluding the hours between 10 p.m. and midnight .

[1] Keeley and Tuttle (1999) indicated peak night roost usage is between 10:00 p.m. to midnight.

STRUCTURE AMM 1

If the goal of the project is to exclude bats from the structure, coordinate with your local Service

Field Office and follow the Acceptable Management Practices for Bat Control Activities in

Structures guidance document (White-nose Syndrome Conservation and Recovery Working

Group 2015).

STRUCTURE AMM 2

Perform all maintenance and/or repair work during the winter hibernation period unless a hibernating colony of bats is present.

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

STRUCTURE AMM 3

If maintenance and/or repair work will be performed outside of the winter hibernation period, determine if work will occur in an area with roosting bats. If there is observed bat activity (or signs of frequent bat activity), Transportation Agencies/State Departments of Transportation

(DOTs) will conduct maintenance activity or similar structure alteration when bats are not present (i.e., foraging) or in a manner that will not disturb them.

[1]

[1]

[1] http://www.fws.gov/midwest/endangered/section7/fhwa/index.html https://www.whitenosesyndrome.org/sites/default/files/resource/wns_nwco_amp_1_april_2015_0.pdf https://www.whitenosesyndrome.org/sites/default/files/resource/wns_nwco_amp_1_april_2015_0.pdf

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STRUCTURE AMM 4

If roosting bats or signs of roosting bats are observed, Transportation Agencies/State DOTs will avoid removing the structure.

Note: If there are concerns about human health/safety/property coordinate with a nuisance wildlife control officer and the local USFWS Field Office.

LIGHTING AMM 1

Direct temporary lighting away from suitable habitat during the active season.

LIGHTING AMM 2

Use downward-facing, full cut-off lens lights, and direct lighting away from suitable habitat when installing new or replacing existing permanent lights; or for those transportation agencies using the BUG system developed by the Illuminating Engineering Society , the goal is to be as close to 0 for all three ratings with a priority of "uplight" of 0 and "backlight" as low as practicable.

[1] Refer to Luminaire classification for controlling stray light

[2] Refer to Fundamentals of Lighting - BUG Ratings

[3] Refer to The BUG System—A New Way To Control Stray Light

HIBERNACULA AMM 1

For projects located within karst areas, on-site personnel will use best management practices , secondary containment measures, or other standard spill prevention and countermeasures to avoid impacts to possible hibernacula. Where practicable, a 300 foot buffer will be employed to separate fueling areas and other major containment risk activities from caves, sinkholes, losing streams, and springs in karst topography.

[1] Coordinate with the appropriate Service Field Office on recommended best management practices for karst in your state.

[1]

[2][3]

[1] http://www.lithonia.com/micro_webs/nighttimefriendly/cutoff.asp http://www.ies.org/pdf/education/ies-fol-addenda-1-%20bug-ratings.pdf http://shop.innovativelight.com/media/cms/BUG_ratings_3044A7612FA89.pdf

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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 April 03, 2017. 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 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 revised programmatic biological opinion for transportation projects dated December 15, 2016. 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.

https://www.fws.gov/Midwest/endangered/section7/fhwa/index.html https://www.fws.gov/Midwest/endangered/section7/fhwa/index.html

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U.S. Fish & Wildlife Service Contact List Determination key office contact information

Assistant Director-Ecological Services

5275 Leesburg Pike, Ms: Es

Falls Church, VA 22041-3803

(703) 358-2171

Offices with jurisdiction over project area

Virginia Ecological Services Field Office

6669 Short Lane

Gloucester, VA 23061-4410

(804) 693-6694