NEPA_CE.pdf

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Kentucky Ecological Services Field Office

J C Watts Federal Building, Room 265

330 West Broadway

Frankfort, KY 40601-8670

Phone: (502) 695-0468 Fax: (502) 695-1024 http://www.fws.gov/frankfort/

In Reply Refer To:

Consultation Code: 04EK1000-2018-SLI-0693

Event Code: 04EK1000-2018-E-02395

Project Name: KY ERFO FS 2016-1(1)

Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project

To Whom It May Concern:

Your concern for the protection of endangered and threatened species is greatly appreciated. The purpose of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.)

(ESA) is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. The species list attached to this letter fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the ESA to provide information as to whether any proposed or listed species may be present in the area of a proposed action. This is not a concurrence letter; additional consultation with the Service may be required.

The Information in Your Species List:

The enclosed species list identifies federal trust species and critical habitat that may occur within the boundary that you entered into IPaC. For your species list to most accurately represent the species that may potentially be affected by the proposed project, the boundary that you input into

IPaC should represent the entire “action area” of the proposed project by considering all the potential “effects of the action,” including potential direct, indirect, and cumulative effects, to federally-listed species or their critical habitat as defined in 50 CFR 402.02. This includes effects of any “interrelated actions” that are part of a larger action and depend on the larger action for their justification and “interdependent actions” that have no independent utility apart from the action under consideration (e.g.; utilities, access roads, etc.) and future actions that are reasonably certain to occur as a result of the proposed project (e.g.; development in response to a new road). If your project is likely to have significant indirect effects that extend well beyond the project footprint (e.g., long-term impacts to water quality), we highly recommend that you

May 31, 2018 http://www.fws.gov/frankfort/

05/31/2018 Event Code: 04EK1000-2018-E-02395 2 coordinate with the Service early to appropriately define your action area and ensure that you are evaluating all the species that could potentially be affected.

We must advise you that our database is a compilation of collection records made available by various individuals and resource agencies available to the Service and may not be all-inclusive.

This information is seldom based on comprehensive surveys of all potential habitats and, thus, does not necessarily provide conclusive evidence that species are present or absent at a specific locality. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list.

Please note that “critical habitat” refers to specific areas identified as essential for the conservation of a species that have been designated by regulation. Critical habitat usually does not include all the habitat that the species is known to occupy or all the habitat that may be important to the species. Thus, even if your project area does not include critical habitat, the species on the list may still be present.

Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the ESA, the accuracy of this species list should be verified after 90 days. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and associated information. To re-access your project in IPaC, go to the IPaC web site (https://ecos.fws.gov/ipac/), select “Need an updated species list?”, and enter the consultation code on this letter.

ESA Obligations for Federal Projects:

Under sections 7(a)(1) and 7(a)(2) of the ESA and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

If a Federal project (a project authorized, funded, or carried out by a federal agency) may affect federally-listed species or critical habitat, the Federal agency is required to consult with the

Service under section 7 of the ESA, pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered

Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-

GLOS.PDF

A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)

(c)). Recommended contents of a Biological Assessment are described at 50 CFR 402.12. For projects other than major construction activities, the Service suggests that a biological evaluation https://ecos.fws.gov/ipac/ http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

05/31/2018 Event Code: 04EK1000-2018-E-02395 3 similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat.

ESA Obligations for Non-federal Projects:

Proposed projects that do not have a federal nexus (non-federal projects) are not subject to the obligation to consult under section 7 of the ESA. However, section 9 of the ESA prohibits certain activities that directly or indirectly affect federally-listed species. These prohibitions apply to all individuals subject to the jurisdiction of the United States. Non-federal project proponents can request technical assistance from the Service regarding recommendations on how to avoid and/or minimize impacts to listed species. The project proponent can choose to implement avoidance, minimization, and mitigation measures in a proposed project design to avoid ESA violations.

Additional Species-specific Information:

In addition to the species list, IPaC also provides general species-specific technical assistance that may be helpful when designing a project and evaluating potential impacts to species. To access this information from the IPaC site (https://ecos.fws.gov/ipac/), click on the text “My

Projects” on the left of the black bar at the top of the screen (you will need to be logged into your account to do this). Click on the project name in the list of projects; then, click on the “Project

Home” button that appears. Next, click on the “See Resources” button under the “Resources” heading. A list of species will appear on the screen. Directly above this list, on the right side, is a link that will take you to pdfs of the “Species Guidelines” available for species in your list.

Alternatively, these documents and a link to the “ECOS species profile” can be accessed by clicking on an individual species in the online resource list.

Next Steps:

Requests for additional technical assistance or consultation from the Kentucky Field Office should be submitted following guidance on the following page http://www.fws.gov/frankfort/

PreDevelopment.html and the document retrieved by clicking the “outline” link at that page.

When submitting correspondence about your project to our office, please include the

Consultation Tracking Number in the header of this letter. (There is no need to provide us with a copy of the IPaC-generated letter and species list.)

Attachment(s):

▪ Official Species List https://ecos.fws.gov/ipac/ http://www.fws.gov/frankfort/PreDevelopment.html http://www.fws.gov/frankfort/PreDevelopment.html

05/31/2018 Event Code: 04EK1000-2018-E-02395 1

Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

Kentucky Ecological Services Field Office

J C Watts Federal Building, Room 265

330 West Broadway

Frankfort, KY 40601-8670

(502) 695-0468

05/31/2018 Event Code: 04EK1000-2018-E-02395 2

Project Summary Consultation Code: 04EK1000-2018-SLI-0693

Event Code: 04EK1000-2018-E-02395

Project Name: KY ERFO FS 2016-1(1)

Project Type: TRANSPORTATION

Project Description: Repair two slope failures along Zilpo Road National Forest State Route

(NSFR) 918. The first location is at Mile Marker (MM) 0.10, will be approximately 75' x 18', and will require the removal of 9 trees. Location

2 is at MM 0.20, and is 268' x 30', and will require the reset of 7 boulders.

Project Location:

Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/38.042447521481826N83.5726497607215W

Counties: Menifee, KY https://www.google.com/maps/place/38.042447521481826N83.5726497607215W https://www.google.com/maps/place/38.042447521481826N83.5726497607215W

05/31/2018 Event Code: 04EK1000-2018-E-02395 3

Endangered Species Act Species There is a total of 12 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 9 of these species should be considered only under certain conditions.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA

Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the

Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of

Commerce.

https://www.fisheries.noaa.gov/

05/31/2018 Event Code: 04EK1000-2018-E-02395 4

Mammals

NAME STATUS

Gray Bat Myotis grisescens No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/6329

Endangered

Indiana Bat Myotis sodalis There is final critical habitat for this species. Your location is outside the critical habitat.

This species only needs to be considered under the following conditions:

▪ All activities in this location should consider possible effects to this species. The project area includes "potential" habitat.

Species profile: https://ecos.fws.gov/ecp/species/5949

Species survey guidelines:

https://ecos.fws.gov/ipac/guideline/survey/population/1/office/42431.pdf

Endangered

Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species.

This species only needs to be considered under the following conditions:

▪ The specified area includes areas in which incidental take would not be prohibited under the 4(d) rule. For reporting purposes, please use the "streamlined consultation form," linked to in the "general project design guidelines" for the species.

Species profile: https://ecos.fws.gov/ecp/species/9045

Threatened

Virginia Big-eared Bat Corynorhinus (=Plecotus) townsendii virginianus There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/8369

Endangered https://ecos.fws.gov/ecp/species/6329 https://ecos.fws.gov/ecp/species/5949 https://ecos.fws.gov/ipac/guideline/survey/population/1/office/42431.pdf https://ecos.fws.gov/ecp/species/9045 https://ecos.fws.gov/ecp/species/8369

05/31/2018 Event Code: 04EK1000-2018-E-02395 5

Clams

Clubshell Pleurobema clava Population: Wherever found; Except where listed as Experimental Populations

No critical habitat has been designated for this species.

This species only needs to be considered under the following conditions:

▪ The species may be affected by projects that significantly impact, directly or indirectly, the following rivers: Barren, Green, Licking, or Ohio.

Species profile: https://ecos.fws.gov/ecp/species/3789

General project design guidelines:

https://ecos.fws.gov/ipac/guideline/design/population/352/office/42431.pdf

Endangered

Fanshell Cyprogenia stegaria No critical habitat has been designated for this species.

This species only needs to be considered under the following conditions:

▪ The species may be affected by projects that significantly impact, directly or indirectly, the following rivers: Barren, Green, Licking, Ohio, Rolling Fork, or Tennessee.

Species profile: https://ecos.fws.gov/ecp/species/4822

General project design guidelines:

https://ecos.fws.gov/ipac/guideline/design/population/368/office/42431.pdf

Endangered

Northern Riffleshell Epioblasma torulosa rangiana No critical habitat has been designated for this species.

This species only needs to be considered under the following conditions:

▪ The species may be affected by projects that significantly impact, directly or indirectly, the following rivers: Green, Licking, or Ohio.

Species profile: https://ecos.fws.gov/ecp/species/527

General project design guidelines:

https://ecos.fws.gov/ipac/guideline/design/population/374/office/42431.pdf

Endangered

Pink Mucket (pearlymussel) Lampsilis abrupta No critical habitat has been designated for this species.

This species only needs to be considered under the following conditions:

▪ The species may be affected by projects that significantly impact, directly or indirectly, the following rivers: Barren, Green, Licking, Rolling Fork, or Salt.

Species profile: https://ecos.fws.gov/ecp/species/7829

General project design guidelines:

https://ecos.fws.gov/ipac/guideline/design/population/331/office/42431.pdf

Endangered

Purple Cat's Paw (=purple Cat's Paw Pearlymussel) Epioblasma obliquata obliquata Population: Wherever found; Except where listed as Experimental Populations

No critical habitat has been designated for this species.

This species only needs to be considered under the following conditions:

▪ The species may be affected by projects that significantly impact, directly or indirectly, the following rivers: Green, Licking, or Ohio.

Species profile: https://ecos.fws.gov/ecp/species/5602

General project design guidelines:

https://ecos.fws.gov/ipac/guideline/design/population/323/office/42431.pdf

Endangered https://ecos.fws.gov/ecp/species/3789 https://ecos.fws.gov/ipac/guideline/design/population/352/office/42431.pdf https://ecos.fws.gov/ecp/species/4822 https://ecos.fws.gov/ipac/guideline/design/population/368/office/42431.pdf https://ecos.fws.gov/ecp/species/527 https://ecos.fws.gov/ipac/guideline/design/population/374/office/42431.pdf https://ecos.fws.gov/ecp/species/7829 https://ecos.fws.gov/ipac/guideline/design/population/331/office/42431.pdf https://ecos.fws.gov/ecp/species/5602 https://ecos.fws.gov/ipac/guideline/design/population/323/office/42431.pdf

05/31/2018 Event Code: 04EK1000-2018-E-02395 6

Rough Pigtoe Pleurobema plenum No critical habitat has been designated for this species.

This species only needs to be considered under the following conditions:

▪ The species may be affected by projects that significantly impact, directly or indirectly, the following rivers: Barren, Green, Licking, or Ohio.

Species profile: https://ecos.fws.gov/ecp/species/6894

General project design guidelines:

https://ecos.fws.gov/ipac/guideline/design/population/338/office/42431.pdf

Endangered

Sheepnose Mussel Plethobasus cyphyus No critical habitat has been designated for this species.

This species only needs to be considered under the following conditions:

▪ The species may be affected by projects that significantly impact, directly or indirectly, the following rivers: Barren, Green, Kentucky, Licking, Ohio, or Tennessee.

Species profile: https://ecos.fws.gov/ecp/species/6903

General project design guidelines:

https://ecos.fws.gov/ipac/guideline/design/population/7816/office/42431.pdf

Endangered

Snuffbox Mussel Epioblasma triquetra No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/4135

Endangered

Critical habitats

THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S

JURISDICTION.

https://ecos.fws.gov/ecp/species/6894 https://ecos.fws.gov/ipac/guideline/design/population/338/office/42431.pdf https://ecos.fws.gov/ecp/species/6903 https://ecos.fws.gov/ipac/guideline/design/population/7816/office/42431.pdf https://ecos.fws.gov/ecp/species/4135

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Kentucky Ecological Services Field Office

J C Watts Federal Building, Room 265

330 West Broadway

Frankfort, KY 40601-8670

Phone: (502) 695-0468 Fax: (502) 695-1024 http://www.fws.gov/frankfort/

In Reply Refer To:

Consultation Code: 04EK1000-2018-I-0693

Event Code: 04EK1000-2018-E-02406

Project Name: KY ERFO FS 2016-1(1)

Subject: Concurrence verification letter for the 'KY ERFO FS 2016-1(1)' 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 to verify that the

KY ERFO FS 2016-1(1) (Proposed Action) may rely on the concurrence provided in the

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 is within the scope and adheres to the criteria of the PBO, including the adoption of applicable avoidance and minimization measures, may affect, but 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, June 01, 2018 http://www.fws.gov/frankfort/

06/01/2018 Event Code: 04EK1000-2018-E-02406 2

Service Field Offices may request additional information that is necessary to verify inclusion of the proposed action under the PBO.

For Proposed Actions that include bridge/structure removal, replacement, and/or maintenance activities: If your initial bridge/structure assessments failed to detect Indiana bats, but you later detect bats during construction, please submit the Post Assessment Discovery of

Bats at Bridge/Structure Form (User Guide Appendix E) to this Service Office. 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 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

Action may affect any other federally-listed or proposed species, and/or any designated critical habitat, additional consultation is required. If the proposed action has the potential to take bald or golden eagles, additional coordination with the Service under the Bald and Golden Eagle

Protection Act may also be required. In either of these circumstances, please contact this Service

Office.

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

▪ Clubshell, Pleurobema clava (Endangered)

▪ Fanshell, Cyprogenia stegaria (Endangered)

▪ Gray Bat, Myotis grisescens (Endangered)

▪ Northern Riffleshell, Epioblasma torulosa rangiana (Endangered)

▪ Pink Mucket (pearlymussel), Lampsilis abrupta (Endangered)

▪ Purple Cat's Paw (=purple Cat's Paw Pearlymussel), Epioblasma obliquata obliquata

(Endangered)

▪ Rough Pigtoe, Pleurobema plenum (Endangered)

▪ Sheepnose Mussel, Plethobasus cyphyus (Endangered)

▪ Snuffbox Mussel, Epioblasma triquetra (Endangered)

▪ Virginia Big-eared Bat, Corynorhinus (=Plecotus) townsendii virginianus (Endangered)

06/01/2018 Event Code: 04EK1000-2018-E-02406 3

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

Name

KY ERFO FS 2016-1(1)

Description

Repair two slope failures along Zilpo Road National Forest State Route (NSFR) 918. The first location is at Mile Marker (MM) 0.10, will be approximately 75' x 18', and will require the removal of 9 trees. Location 2 is at MM 0.20, and is 268' x 30', and will require the reset of 7 boulders.

06/01/2018 Event Code: 04EK1000-2018-E-02406 4

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 concurrence provided in 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.

Qualification Interview

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

[1] See Indiana bat species profile

Automatically answered

Yes

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

[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, surveys, planning and technical studies, property inspections, and property sales)

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

No

5. 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

[1]

[1]

[1]

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

06/01/2018 Event Code: 04EK1000-2018-E-02406 5

6. 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

7. Is the project located within a karst area?

Yes

8. 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

9. 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 national consultation FAQs.

Yes

10. Will the project remove any suitable summer habitat and/or remove/trim any existing trees within suitable summer habitat?

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

Yes

11. Will the project clear more than 20 acres of suitable habitat per 5-mile section of road/rail?

No

[1]

[1]

[1]

[2]

[1] https://www.fws.gov/midwest/endangered/mammals/inba/inbasummersurveyguidance.html https://www.fws.gov/endangered/what-we-do/faq.html#18 https://www.fws.gov/midwest/endangered/mammals/inba/inbasummersurveyguidance.html

06/01/2018 Event Code: 04EK1000-2018-E-02406 6

12. Have presence/probable absence (P/A) summer surveys been conducted within the suitable habitat located within your project action area?

[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 hibernacula) 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] For projects within the range of either the Indiana bat or NLEB in which suitable habitat is present, and no bat surveys have been conducted, the transportation agency will assume presence of the appropriate species. This assumption of presence should be based upon the presence of suitable habitat and the capability of bats to occupy it because of their mobility.

[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

13. Does the project include activities within documented Indiana bat 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.

No

14. Will the removal or trimming of habitat or trees occur within suitable but undocumented

Indiana bat roosting/foraging habitat or travel corridors?

Yes

[1][2] [3][4]

[1][2]

06/01/2018 Event Code: 04EK1000-2018-E-02406 7

15. What time of year will the removal or trimming of habitat or trees within suitable but undocumented Indiana bat roosting/foraging habitat or travel corridors occur ?

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

B) During the inactive season

16. 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.

No

17. Will the removal or trimming of habitat or trees occur within suitable but undocumented

NLEB roosting/foraging habitat or travel corridors?

Yes

18. What time of year will the removal or trimming of habitat or trees within suitable but undocumented NLEB roosting/foraging habitat or travel corridors occur?

B) During the inactive season

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

Yes

20. 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

21. Will any tree trimming or removal occur between 100-300 feet of existing road/rail surfaces?

No

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

Yes

[1]

[1][2]

06/01/2018 Event Code: 04EK1000-2018-E-02406 8

23. Will the removal of habitat or the removal/trimming of trees include installing new or replacing existing permanent lighting?

No

24. Does the project include maintenance of the surrounding landscape at existing facilities

(e.g., rest areas, stormwater detention basins)?

No

25. Does the project include wetland or stream protection activities associated with compensatory wetland mitigation?

No

26. Does the project include slash pile burning?

No

27. Does the project include any bridge removal, replacement, and/or maintenance activities

(e.g., any bridge repair, retrofit, maintenance, and/or rehabilitation work)?

No

28. 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

29. Will the project involve the use of temporary lighting during the active season?

No

30. Will the project install new or replace existing permanent lighting?

No

31. 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

32. 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.

No

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33. Are all project activities that are not associated with habitat removal, tree removal/ trimming, bridge or structure removal, replacement, and/or maintenance, lighting, or use of percussives, limited to actions that DO NOT cause any stressors to the bat species, including as described in the BA/BO (i.e. activities that do not involve ground disturbance, percussive noise, temporary or permanent lighting, tree removal/trimming, nor bridge/ structure activities)?

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

No

34. Will the project raise the road profile above the tree canopy?

No

35. Are the project activities that use percussives (not including tree removal/trimming or bridge/structure work) and/or increase noise levels above existing traffic/background levels consistent with a No Effect determination in this key?

Automatically answered

Yes, because the activities are within 300 feet of the existing road/rail surface, greater than

0.5 miles from a hibernacula, and conducted during the inactive season

36. Is the habitat removal portion of this project consistent with a Not Likely to Adversely

Affect determination in this key?

Automatically answered

Yes, because the tree removal/trimming that occurs outside of the active season occurs greater than 0.5 miles from the nearest hibernaculum, is less than 100 feet from the existing road/rail surface, includes clear demarcation of the trees that are to be removed, and does not alter documented roosts and/or surrounding summer habitat within 0.25 miles of a documented roost

37. Is the habitat removal portion of this project consistent with a Not Likely to Adversely

Affect determination in this key?

Automatically answered

Yes, because the tree removal/trimming that occurs outside of the active season occurs greater than 0.5 miles from the nearest hibernaculum, is less than 100 feet from the existing road/rail surface, includes clear demarcation of the trees that are to be removed, and does not alter documented roosts and/or surrounding summer habitat within 0.25 miles of a documented roost

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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. Hibernacula AMM 1

Will the project ensure that on-site personnel will use best management practices , secondary containment measures, or other standard spill prevention and countermeasures to avoid impacts to possible hibernacula?

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

Yes

40. Hibernacula AMM 1

Will the project ensure that, 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?

Yes

41. 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 a minimization measure, the full implementation of which may not always be practicable. Projects may still be NLAA as long as Tree Removal AMMs 2, 3, and 4 are implemented and LAA as long as Tree Removal AMMs 3, 5, 6, and 7 are implemented.

[1] The word “trees” as used in the AMMs refers to trees that are suitable habitat for each species within their range. See the USFWS’ current summer survey guidance for our latest definitions of suitable habitat.

Yes

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42. Tree Removal AMM 2

Can all tree removal activities be restricted to when Indiana bats are not likely to be present (e.g., the inactive season) ?

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

Automatically answered

Yes

43. Tree Removal AMM 2

Can all tree removal activities be restricted to when Northern long-eared bats are not likely to be present (e.g., the inactive season) ?

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

Automatically answered

Yes

44. Tree Removal AMM 3

Can tree removal be limited to that specified in project plans and ensure that contractors understand clearing limits and how they are marked in the field (e.g., install bright colored flagging/fencing prior to any tree clearing to ensure contractors stay within clearing limits)?

Yes

45. Tree Removal AMM 4

Can the project avoid cutting down/removal of all (1) documented Indiana bat or NLEB roosts (that are still suitable for roosting), (2) trees within 0.25 miles of roosts, and (3) documented foraging habitat any time of year?

[1] The word documented means habitat where bats have actually been captured and/or tracked.

[2] 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.)

Yes

[1]

[1]

[2]

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46. Lighting AMM 1

Will all temporary lighting used during the removal of suitable habitat and/or the removal/trimming of trees within suitable habitat be directed away from suitable habitat during the active season?

Yes

Project Questionnaire

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

Yes

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

No

3. How many acres of trees are proposed for removal between 0-100 feet of the existing road/rail surface?

[1] If described as number of trees, multiply by 0.09 to convert to acreage and enter that number.

0.01

4. How many acres of trees are proposed for removal between 100-300 feet of the existing road/rail surface?

[1] If described as number of trees, multiply by 0.09 to convert to acreage and enter that number.

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.

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

06/01/2018 Event Code: 04EK1000-2018-E-02406 13 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.

LIGHTING AMM 1

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

TREE REMOVAL AMM 1

Modify all phases/aspects of the project (e.g., temporary work areas, alignments) to avoid tree removal.

TREE REMOVAL AMM 2

Apply time of year restrictions for tree removal when bats are not likely to be present, or limit tree removal to 10 or fewer trees per project at any time of year within 100 feet of existing road/ rail surface and outside of documented roosting/foraging habitat or travel corridors; visual emergence survey must be conducted with no bats observed.

TREE REMOVAL AMM 3

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

TREE REMOVAL AMM 4

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

06/01/2018 Event Code: 04EK1000-2018-E-02406 14

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 16, 2018. 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 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.

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

Determination key description: FHWA, FRA, FTA Programmatic Consultation for Transportation Projects affecting NLEB or Indiana Bat