A00844-608634.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 608634-134590

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DOCUMENT A00844

USFWS - FHWA, FRA & FTA INDIANA BAT,

NORTHERN LONG-EARED BAT & TRICOLORED BAT

PROGRAMMATIC BIOLOGICAL OPINION –

NLAA CONCURRENCE VERIFICATION LETTER

Massachusetts Department Of Transportation Highway Division

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*** THIS PAGE IS INTENTIONALLY LEFT BLANK ***

05/14/2025 17:31:42 UTC

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: 2025-0014631 Project Name: 608634 - DEERFIELD- BRIDGE REPLACEMENT, D-06-001, UPPER ROAD

OVER DEERFIELD RIVER

Subject: Not Likely to Adversely Affect Concurrence verification letter for the '608634 -

DEERFIELD- BRIDGE REPLACEMENT, D-06-001, UPPER ROAD OVER

DEERFIELD RIVER' project under the December 13, 2024, FHWA, FRA, FTA Programmatic Biological Opinion for Transportation Projects within the Range of the Indiana Bat, Northern Long-eared Bat, and Tricolored Bat.

To whom it may concern:

This letter records the determination of effects to federally listed (or proposed) bat species anticipated to result from the 608634 - DEERFIELD- BRIDGE REPLACEMENT, D-06-001, UPPER ROAD OVER DEERFIELD RIVER (the Project). This determination is based upon information you entered into the assisted determination key (Dkey) associated with the above referenced Programmatic Biological Opinion/Conference Opinion (PBO/PCO) in the U.S. Fish and Wildlife Service’s (Service) Information for Planning and Consultation (IPaC) system on the date listed above to verify that the Project may rely on the concurrence provided in the PBO/ PCO to satisfy requirements under section 7(a)(2) of the Endangered Species Act of 1973 (ESA) (16 USC 1536), as amended.

Ensuring Accurate Determinations When Using IPaC:

The Service developed the IPaC system and this Dkey in accordance with the ESA and based on the PBO/PCO. All information submitted by the project proponent into IPaC must accurately represent the full scope and details of the Project.

Failure to accurately represent or implement the Project as detailed in the Dkey invalidates this letter. Answers to certain questions in the Dkey commit the project proponent to implementation of conservation measures that must be followed for the ESA determinations to remain valid. Carefully review this letter, your ESA requirements are NOT yet complete.

Determinations:

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Based on the information you provided (Project Description shown below), you have determined that the Project is within the scope and adheres to the criteria of the PBO/PCO, including the adoption of applicable avoidance and minimization measures. Based on your IPaC submission and the PBO/PCO, the Project is consistent with the following effect determinations:

Species Listing Status Determination Tricolored Bat (Perimyotis subflavus) Proposed

Endangered

NLAA

The tricolored bat is proposed for listing as endangered under the ESA, but not yet listed. For actions that may affect a proposed species, agencies cannot consult, but they can confer under the authority of section 7(a)(4) of the ESA. Such conferences can follow the procedures for a consultation and be adopted as such if the proposed species is listed. Should the tricolored bat be listed, agencies must review projects that are not yet complete, or projects with ongoing effects within the tricolored bat range that previously received a no effect or not likely to adversely affect (NLAA) determination from the key to confirm that the determination is still accurate.

The Service has 14 calendar days to notify the lead Federal action agency or designated non-federal representative if we determine that the Project does not meet the criteria for a NLAA determination under the PBO/PCO. If the Service does not notify the lead Federal action agency or designated non-federal representative within that timeframe, you may proceed with the Project under the terms of the NLAA concurrence provided in the PBO/PCO. 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/PCO.

If the Project is modified, or new information reveals that it may affect the Indiana bat, northern long-eared bat, or tricolored bat in a manner or to an extent not considered in the PBO/PCO, 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 assessment failed to detect Indiana bat, northern long-eared bat, or tricolored bat use or occupancy, yet bats are later detected prior to, or during construction, promptly notify the local Service Field Office within 2 working days of the discovery. In addition, please document whether incidental take occurred, and if so, the type (i.e.

kill or harm) and amount (i.e. number of individuals) and submit documentation to the local Service Field Office within 5 working days from the completion of the bridge, culvert, or structure construction (use Appendix E - Post Assessment Discovery of Bats at Bridge/Culvert or Structure Form in the User’s Guide). In these instances, potential incidental take of Indiana bats, northern long-eared bats, or tricolored bats may be exempted provided that the take is reported to the Service. In these instances, potential incidental take of Indiana bats, northern long-eared bats, or tricolored bats may be exempted provided that the take is reported to the Service.

Proposal No. 608634-134590

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If the Project 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 Field Office is required for those species/designated critical habitat. If the Project 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 advise the lead Federal action agency to contact this Service Field Office

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

Monarch Butterfly Danaus plexippus Proposed Threatened

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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

608634 - DEERFIELD- BRIDGE REPLACEMENT, D-06-001, UPPER ROAD OVER

DEERFIELD RIVER

DESCRIPTION

608634 - DEERFIELD- BRIDGE REPLACEMENT, D-06-001, UPPER ROAD OVER

DEERFIELD RIVER

The purpose of this project is to replace the bridge carrying Upper Road over the Deerfield River. The work includes footings, piers, abutments, superstructure, deck, bridge rail, guardrail, approach roadway, and impacted utilities (overhead and underground). The work also includes reconstruction of the intersection of Upper Road and Lower Road due to grade differential with proposed roadway profile.

Monarch Butterfly: Proposed Threatened Species only. The project action will not have an intentional take on the species and therefore will not jeopardize the continued existence of the proposed species.

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The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@42.52682755,-72.63224604999999,14z

Proposal No. 608634-134590

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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 Indiana bat, northern long-eared bat or tricolored 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 Programmatic Biological Opinion/Conference Opinion for Transportation Projects in the Range of the Indiana bat, northern long-eared bat, and tricolored bat, dated December 13, 2024.

QUALIFICATION INTERVIEW

Which Federal Agency is the lead federal agency the action?

A) Federal Highway Administration (FHWA) Does the Action Area intersect the species list area of the tricolored Bat (TCB)?

Automatically answered Yes Does your project's activities include raising the road profile above the tree canopy in documented habitat for the Indiana bat, NLEB, or TCB?

Note: For the definition of documented habitat, refer to Appendix A: https://www.fws.gov/media/users-guide-range-wide-programmatic-consultation-indiana-bat-and-northern-long-eared-bat

No Is your project located within a karst area?

No Will the project include bridge, culvert, or structure removal, replacement, and/or alteration activities?

Note: For definitions of bridge, culvert, and structure, refer to Appendix A: https:// www.fws.gov/media/users-guide-range-wide-programmatic-consultation-indiana-bat-and-northern-long-eared-bat.

Yes Do your project’s activities involve tree removal/trimming, temporary lighting, new/ additional permanent lighting, ground disturbance, percussives that involves noise/ vibration above existing background levels, vibrations, or slash pile burning?

Yes Is there suitable summer habitat for the Indiana bat, NLEB, or TCB within the project action area?

Note: See the Service's summer survey guidance for current definitions of suitable habitat [https://www.fws.gov/ midwest/endangered/mammals/inba/inbasummersurveyguidance.html].

Yes

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Have P/A surveys for the Indiana bat, NLEB, or TCB been conducted within the suitable summer habitat located within your project action area? This refers to mist-netting or acoustic surveys, not bridge assessments.

Note: See the Service's survey guidance https://www.fws.gov/midwest/endangered/ mammals/inba/inbasummersurveyguidance.html No Will the project involve the removal or trimming of trees within suitable habitat for the Indiana bat, NLEB, or TCB?

Yes Will any tree removal or trimming occur during the bat pup season?

Note: For more information about bat pup seasons please visit https://www.fws.gov/sites/default/files/documents/ 2024-10/2024_usfws_rangewide_ibat-nleb_survey_guidelines.pdf

No Will the removal or trimming of trees occur within documented habitat for the Indiana bat, NLEB, or TCB?

Note: For the definition of documented habitat, refer to Appendix A: https://www.fws.gov/media/users-guide-range-wide-programmatic-consultation-indiana-bat-and-northern-long-eared-bat

No Will all tree removal or trimming occur within 100 feet of the road or rail surface?

Yes Does your project include activities involving the temporary or permanent exclusion of Indiana bats, NLEBs, or TCBs from a bridge/culvert or structure?

Note: exclusion is conducted to deny bats' entry or reentry into a bridge/culvert or structure. To be effective and to avoid harming bats, it should be done according to established standards.

No Does your project involve the use of temporary lighting within Indiana bat, NLEB, or TCB suitable habitat?

Note: For the definition of lighting, refer to Appendix A: https://www.fws.gov/media/users-guide-range-wide-programmatic-consultation-indiana-bat-and-northern-long-eared-bat

Yes Will the use of temporary lighting be conducted during the Indiana bat, NLEB, or TCB active season?

Yes Will temporary lighting be directed away from Indiana bat, NLEB, or TCB suitable habitat)?

Yes

Proposal No. 608634-134590

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Will the project substantially increase baseline light conditions via the use of permanent lighting (replacement or new/additional) in suitable habitat.

No Will your project include percussive activities?

Note: Refer to Stressor #2 Noise/Vibration on page 109 of the PBO/PCO.

Yes Are the percussive activities only related to tree removal/trimming or bridge/culvert structural work?

No Will the percussive activities involve noise/vibration above existing background levels?

Note: For example, pile driving, rock drilling, hoe ramming, jackhammering, and blasting are examples of percussive activities that cause noise/vibration above existing background levels

Yes Will percussive activities that involve noise/vibration above existing background levels be conducted during the bat active season?

Yes Will the percussive activities that involve noise/vibration above existing background levels be conducted greater than 100 feet from the road or rail surface?

No Will the project include bridge removal, replacement, and/or alteration activities?

Yes Has a Bridge Bat Assessment been conducted within the last 24 months to determine if the bridge is being used by the Indiana bat, NLEB, or TCB? If yes, upload assessment.

Note: Refer to the Service’s current survey guidance for acceptable assessment practices and validity timeframe of bridge/culvert and structure bat assessments: https://www.fws.gov/library/collections/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines.

Yes

SUBMITTED DOCUMENTS

608634_Deerfield_Bridge_Assessment.pdf https://ipac.ecosphere.fws.gov/project/

UFES24ZQJBDW3N2V26DXRESCCQ/

projectDocuments/162069607

Please select one of the following results of the Bridge Bat Assessment:

c) Indicates the absence of Indiana bats, NLEBs, or TCBs roosting in/under the bridge (no bats, guano, etc.)?

Does the project include culvert removal, replacement, and/or alteration activities?

No

Proposal No. 608634-134590

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Does the project include structure removal, replacement, and/or alteration activities?

No Will the project involve the removal or trimming of more than 20 acres of Indiana bat, NLEB, or TCB suitable habitat per 5-mile section of road/rail?

No Will the removal or trimming of trees occur within 0.5 miles of a known Indiana bat, NLEB, or TCB hibernaculum?

No Will the removal or trimming of these trees occur during the active season?

No Will the removal or trimming of trees occur beyond 100 feet of the existing road/rail surfaces?

No Does the Action Area intersect the species list area of the tricolored Bat (TCB)?

Automatically answered Yes

PROJECT QUESTIONNAIRE

Have you made a No Effect determinations for all other species included on the FWS IPaC generated species list?

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

No How many acres of trees are proposed for removal/trimming outside of documented habitat for the Indiana bat, NLEB, or TCB within 100 feet of the existing road/rail surfaces during the inactive season (NLAA)?

Note: If described as number of trees, multiply by 0.09 to convert to acreage and enter that number.

0.4 How many acres of trees are proposed for removal/trimming outside of documented habitat for the Indiana bat, NLEB, or TCB within 100 feet of the existing road/rail surfaces during the active season (outside the pup season and not between Dec 15th-Feb 15th in Zone 1 of the NLEB and TCB YR active areas) (LAA)?

Note: If described as number of trees, multiply by 0.09 to convert to acreage and enter that number.

How many acres of trees are proposed for removal/trimming outside of documented habitat for the Indiana bat, NLEB, or TCB within 100 feet of the existing road/rail

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surfaces during the pup season (trees must be <9 in DBH, and not between Dec 15th- Feb 15th in Zone 1 of the NLEB and TCB YR active areas) (LAA)?

Note: If described as number of trees, multiply by 0.09 to convert to acreage and enter that number.

How many acres of trees are proposed for removal/trimming either outside or within documented habitat for the Indiana bat, NLEB, or TCB between 100-300 feet of the existing road/rail surface during the inactive season (LAA)? Note: If described as number of trees, multiply by 0.09 to convert to acreage and enter that number.

How many acres of trees are proposed for removal/trimming either outside or within documented habitat for the Indiana bat, NLEB, or TCB between 100-300 feet of the existing road/rail surfaces during the active season (outside the pup season, and not between Dec 15-Feb 15 in Zone 1 of the NLEB and TCB YR active areas) (LAA)?

Note: If described as number of trees, multiply by 0.09 to convert to acreage and enter that number.

How many acres of trees are proposed for removal/trimming either outside or within documented habitat for the Indiana bat, NLEB, or TCB beyond 300 feet of the existing road/rail surfaces during the inactive season (LAA)?

Note: If described as number of trees, multiply by 0.09 to convert to acreage and enter that number.

How many acres of trees are proposed for removal/trimming either outside or within documented habitat for the Indiana bat, NLEB, or TCB beyond 300 feet of the existing road/rail surfaces during the active season (outside the pup season, and not between Dec 15th-Feb 15th in Zone 1 of the NLEB and TCB YR active areas) (LAA)?

Note: If described as number of trees, multiply by 0.09 to convert to acreage and enter that number.

Please enter the date of the bridge assessment.

10/7/2024

AVOIDANCE AND MINIMIZATION MEASURES (AMMS)

This determination key result includes the commitment to implement the following Avoidance and Minimization Measures (AMMs):

GAMM1

Ensure all operators, employees, and contractors working in areas of Indiana bat, NLEB, or TCB suitable habitat are aware of all Transportation Agency environmental commitments, including all applicable AMMs.

LAMM1

Direct temporary lighting away from suitable habitat during the active season

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TRTAMM1

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

TRTAMM2

Ensure tree removal/trimming 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 removal/trimming to ensure contractors stay within clearing limits

TRTAMM3

Ensure tree removal/trimming is limited to the inactive season, occurs within 100 ft of the road/ rail surface, and is outside of documented habitat for the Indiana bat, NLEB, and TCB

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DETERMINATION KEY DESCRIPTION: FHWA, FRA, FTA

PROGRAMMATIC CONSULTATION FOR TRANSPORTATION

PROJECTS AFFECTING IBAT, NLEB, OR TCB

This key was last updated in IPaC on April 29, 2025. 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) and may affect the federally listed endangered Indiana bat (Myotis sodalis), northern long-eared bat (Myotis septentrionalis), and/or federally proposed endangered tricolored bat (Perimyotis subflavus).

This decision key should only be used to verify project applicability with the Service’s Programmatic Biological Opinion/Conference Opinion for Transportation Projects in the Range of the Indiana bat, northern long-eared bat, and tricolored bat, dated December 13, 2024. The programmatic consultation limited transportation activities that may affect the covered bat species and addresses situations that are both likely and not likely to adversely affect the covered bat species. This decision key will assist in identifying the effect of a specific project/activity and the applicability of the programmatic consultation. The programmatic consultation is not intended to cover all types of transportation actions. Activities outside the scope of the programmatic consultation, or that may affect ESA-listed species other than the Indiana bat, northern long-eared bat, or tricolored bat, or their designated critical habitat, may require additional ESA Section 7 consultation.

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IPAC USER CONTACT INFORMATION

Agency: Massachusetts Department of Transportation Name: Emily Puglisi Address: 10 Park Plaza City: Boston State: MA Zip: 02116 Email emily.a.puglisi@dot.state.ma.us Phone: 6178964424

LEAD AGENCY CONTACT INFORMATION

Lead Agency: Federal Highway Administration

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