A00844-610544.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 610544-135966

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DOCUMENT A00844

U.S. FISH AND WILDLIFE SERVICE

NLAA CONCURRENCE VERIFICATION LETTER

Massachusetts Department Of Transportation Highway Division Proposal No. 610544-135966

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05/23/2025 17:36:43 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: 2025-0057683 Project Name: 610544 - PEABODY- MULTI-USE PATH CONSTRUCTION OF

INDEPENDENCE GREENWAY AT I-95 AND ROUTE 1

Subject: Not Likely to Adversely Affect Concurrence verification letter for the '610544 -

PEABODY- MULTI-USE PATH CONSTRUCTION OF INDEPENDENCE

GREENWAY AT I-95 AND ROUTE 1' 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 610544 - PEABODY- MULTI-USE PATH CONSTRUCTION OF INDEPENDENCE GREENWAY AT I-95 AND ROUTE 1 (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:

Proposal No. 610544 - 135966

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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 Northern Long-eared Bat (Myotis septentrionalis) Endangered NLAA 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

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A00844 - 4 https://www.fws.gov/media/users-guide-range-wide-programmatic-consultation-indiana-bat-and-northern-long-eared-bat 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.

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

610544 - PEABODY- MULTI-USE PATH CONSTRUCTION OF INDEPENDENCE

GREENWAY AT I-95 AND ROUTE 1

DESCRIPTION

610544 - PEABODY- MULTI-USE PATH CONSTRUCTION OF INDEPENDENCE

GREENWAY AT I-95 AND ROUTE 1

The project includes construction of a new 12-foot wide multi-use paved path westerly along the abandoned railbed, owned by the City of Peabody, beginning at the end of the existing Independence Greenway at Peabody Road to the existing state right-of-way of the Route 1 NB to I-95 NB connection; then northerly along the toe of slope of the Route 1 NB to I-95 NB connection within MassDOT right-of-way to Lowell Street; then northerly along the west side of Lowell Street as a protected path, under the I-95 NB/SB overpass; then onto land now or formerly of 215 Newbury Street via an existing 99-year lease agreement granted to the City of Peabody; then over Route 1 NB/SB via a new two-span pedestrian bridge; then westerly along abandoned railbed (owned by the City of Peabody) where it will connect to Lt. Ross Park. The project also includes a connection to the existing Border to Boston trailhead at Lowell Street via the existing signalized crossing at the Route 1 NB off/on ramp (i.e. Speedway) and a connection to the signalized intersection of Lowell and Bourbon Street.The work includes full depth pavement construction, minor drainage improvements, vegetative privacy screening, new timber rail, resetting and new granite curb, new cement concrete sidewalk and/or hot mix asphalt, new precast cement concrete barrier, signal upgrades at Lowell/Bourbon Street and Route 1 NB/Lowell Street intersection, new 2-span steel pedestrian bridge, and various curb/walk/parking improvements to the existing parking lot at 215 Newbury Street.

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The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@42.544119699999996,-70.98977605654186,14z

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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 Northern long-eared bat?

Automatically answered Yes 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

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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 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 Yes

SUBMITTED DOCUMENTS

610544_Peabody_MassDOT_NLEB_Report.pdf https://ipac.ecosphere.fws.gov/ project/EP37GTSIIRHJLFH7J7ZVF3ZEXQ/ projectDocuments/157439783

Did the P/A surveys detect Indiana bats, NLEBs, or TCBs?

Note: If Indiana bats, NLEBs, or TCBs are detected, the action area is considered documented habitat.

No Did the local Service Field Office verify that this P/A survey can be used to determine Indiana bat, NLEB, and TCB are not likely to be present within the suitable summer habitat located within your project area?

Yes 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

610544_Peabody_MassDOT_NLEB_Report.pdf https://ipac.ecosphere.fws.gov/ project/EP37GTSIIRHJLFH7J7ZVF3ZEXQ/ projectDocuments/157439783

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.)?

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

Yes Does the culvert equal or exceed 23 feet (7.0 meters) in length?

Yes Are the interior dimensions of the culvert less than 3 ft. in diameter/height?

No Has a Culvert Bat Assessment been conducted within the last 24 months to determine if the culvert 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.

No Has the local Service Field Office confirmed that Indiana bats, NLEB, and TCBs are not using culverts within the action area?

Yes

SUBMITTED DOCUMENTS

Culvert Assessment Determination 2025.pdf https://ipac.ecosphere.fws.gov/project/

EP37GTSIIRHJLFH7J7ZVF3ZEXQ/

projectDocuments/162459510

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

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

Automatically answered Yes Does the Action Area intersect the species list area of the northern long-eared bat (NLEB)?

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 Please enter the date of the bridge assessment.

5/30/2024

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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.

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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 May 21, 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: Hana Isihara Address: 10 Park Plaza City: Boston State: MA Zip: 02116 Email hana.l.isihara@dot.state.ma.us Phone: 6178964454

LEAD AGENCY CONTACT INFORMATION

Lead Agency: Federal Highway Administration

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