A00855-613163.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 613163-135786

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DOCUMENT A00855

UNITED STATES DEPARTMENT OF THE INTERIOR

FISH AND WILDLIFE SERVICE

CONSISTENCY LETTER

Massachusetts Department Of Transportation Highway Division

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United States Department of the Interior

FISH AND WILDLIFE SERVICE

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

Concord, NH 3301-5094 Phone: (603) 223-2541 Fax: (603) 223-0104

In Reply Refer To:

Project code: 2025-0085188 Project Name: 613163 LYNNFIELD- PEABODY- RAIL TRAIL CONSTRUCTION, FROM

FORD AVENUE TO NICHOLS LANE (PHASE 1)

Federal Nexus: yes Federal Action Agency (if applicable): Federal Highway Administration

Subject: Federal agency coordination under the Endangered Species Act, Section 7 for

'613163 LYNNFIELD- PEABODY- RAIL TRAIL CONSTRUCTION, FROM

FORD AVENUE TO NICHOLS LANE (PHASE 1)'

Dear Emily Puglisi:

This letter records your determination using the Information for Planning and Consultation (IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on March 03, 2026, for

'613163 LYNNFIELD- PEABODY- RAIL TRAIL CONSTRUCTION, FROM FORD AVENUE

TO NICHOLS LANE (PHASE 1)' (here forward, Project). This project has been assigned Project Code 2025-0085188 and all future correspondence should clearly reference this number. Please carefully review this letter. Your Endangered Species Act (Act) requirements may not be complete.

Ensuring Accurate Determinations When Using IPaC

The Service developed the IPaC system and associated species’ determination keys in accordance with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) and based on a standing analysis. 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 IPaC or the Northern Long-eared Bat and Tricolored Bat Range-wide Determination Key (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 determination to remain valid. Note that conservation measures for northern long-eared bat and tricolored bat may differ. If both bat species are present in the action area and the key suggests more conservative measures for one of the species for your Project, the Project may need to apply

A00855 - 3 the most conservative measures in order to avoid adverse effects. If unsure which conservation measures should be applied, please contact the appropriate Ecological Services Field Office.

Determination for the Northern Long-Eared Bat and Tricolored Bat

Based on your IPaC submission and a standing analysis completed by the Service, you determined the proposed Project will have the following effect determinations:

Species Listing Status Determination Northern Long-eared Bat (Myotis septentrionalis) Endangered NLAA Tricolored Bat (Perimyotis subflavus) Proposed

Endangered

NLAA

Federal agencies must consult with U.S. Fish and Wildlife Service under section 7(a)(2) of the Endangered Species Act (ESA) when an action may affect a listed species. 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 and when 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 NE or NLAA determination from the key to confirm that the determination is still accurate.

Unless the Service advises you within 15 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that consultation on the Action is complete for northern long-eared bat and/or tricolored bat and no further action is necessary unless either of the following occurs:

new information reveals effects of the action that may affect the northern long-eared bat or tricolored bat in a manner or to an extent not previously considered; or, the identified action is subsequently modified in a manner that causes an effect to the northern long-eared bat or tricolored bat that was not considered when completing the determination key.

15-Day Review Period

As indicated above, the Service will notify you within 15 calendar days if we determine that this proposed Action does not meet the criteria for a “may affect, not likely to adversely affect” (NLAA) determination for the northern long-eared bat and/or tricolored bat. If we do not notify you within that timeframe, you may proceed with the Action under the terms of the NLAA concurrence provided here. This verification period allows the identified Ecological Services Field Office to apply local knowledge to evaluation of the Action, as we may identify a small subset of actions having impacts that we did not anticipate when developing the key. In such cases, the identified Ecological Services Field Office may request additional information to verify the effects determination reached through the Northern Long-eared Bat and Tricolored Bat DKey.

Other Species and Critical Habitat that May be Present in the Action Area

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The IPaC-assisted determination key for the northern long-eared bat and tricolored bat does not apply to the following ESA-protected species and/or critical habitat that also may occur in your Action area:

Monarch Butterfly Danaus plexippus Proposed Threatened

You may coordinate with our Office to determine whether the Action may affect the species and/ or critical habitat listed above. Note that reinitiation of consultation would be necessary if a new species is listed or critical habitat designated that may be affected by the identified action before it is complete.

If you have any questions regarding this letter or need further assistance, please contact the New England Ecological Services Field Office and reference Project Code 2025-0085188 associated with this Project.

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Action Description You provided to IPaC the following name and description for the subject Action.

1. Name

613163 LYNNFIELD- PEABODY- RAIL TRAIL CONSTRUCTION, FROM FORD AVENUE

TO NICHOLS LANE (PHASE 1)

2. Description

The following description was provided for the project '613163 LYNNFIELD- PEABODY-

RAIL TRAIL CONSTRUCTION, FROM FORD AVENUE TO NICHOLS LANE (PHASE 1)':

613163 LYNNFIELD- PEABODY- RAIL TRAIL CONSTRUCTION, FROM

FORD AVENUE TO NICHOLS LANE (PHASE 1)

Phase 1 consists of about 1.8 miles of shared-use path, extending from Ford Avenue in Lynnfield to Nichols Lane in Peabody with two roadway crossings at Summer Street and Pillings Pond Road. The path is 12 feet wide with 2-foot-wide grass shoulders constructed mostly on the former railroad track bed. The project scope also includes minor landscaping, trail amenities (benches, interpretive signage, bicycle racks, etc.), wetland replication, removal of former railroad structures, ADA compliant pedestrian curb ramps at crossings, a pedestrian activated warning beacon, traffic signage, and pavement markings.

Monarch Butterfly: Proposed Threatened Species. Due to MassDOT's enrollment in the Monarch Butterfly Nationwide CCAA, the action is Not Likely to Jeopardize the continued existence of the monarch butterfly.

The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@42.53537395,-71.01908928244046,14z

Proposal No. 613163-135786

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DETERMINATION KEY RESULT

Based on the answers provided, the proposed Action is consistent with a determination of “may affect, but not likely to adversely affect” for a least one species covered by this determination key.

QUALIFICATION INTERVIEW

Does the proposed project include, or is it reasonably certain to cause, intentional take of listed bats or any other listed species?

Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to research, direct species management, surveys, and/or studies that include intentional handling/encountering, harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed species?

No Is the action area wholly within Zone 2 of the year-round active area for northern long-eared bat and/or tricolored bat?

Automatically answered No Does the action area intersect Zone 1 of the year-round active area for northern long-eared bat and/or tricolored bat?

Automatically answered No Does any component of the action involve leasing, construction or operation of wind turbines? Answer 'yes' if the activities considered are conducted with the intention of gathering survey information to inform the leasing, construction, or operation of wind turbines.

No Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part?

Note for projects in Pennsylvania: Projects requiring authorization under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act would be considered as having a federal nexus. Since the U.S.

Army Corps of Engineers (Corps) has issued the Pennsylvania State Programmatic General Permit (PASPGP), which may be verified by the PA Department of Environmental Protection or certain Conservation Districts, the need to receive a Corps authorization to perform the work under the PASPGP serves as a federal nexus. As such, if proposing to use the PASPGP, you would answer ‘yes’ to this question.

Yes

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Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), or Federal Transit Administration (FTA) funding or authorizing the proposed action, in whole or in part?

Yes Are you an employee of the federal action agency or have you been officially designated in writing by the agency as its designated non-federal representative for the purposes of Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08?

Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and to help determine whether an incidental take permit may be needed, respectively. This question is for information purposes only.

Yes Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC) funding or authorizing the proposed action, in whole or in part?

No Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)?

No [Semantic] Is the action area located within 0.5 miles of a known bat hibernaculum or winter roost? Note: The map queried for this question contains proprietary information and cannot be displayed. If you need additional information, please contact your state wildlife agency.

Automatically answered No Does the action area contain any winter roosts or caves (or associated sinkholes, fissures, or other karst features), mines, rocky outcroppings, or tunnels that could provide habitat for hibernating bats?

No Does the action area contain (1) talus or (2) anthropogenic or naturally formed rock shelters or crevices in rocky outcrops, rock faces or cliffs?

No Will the action cause effects to a bridge?

Note: Covered bridges should be considered as bridges in this question.

No Will the action result in effects to a culvert or tunnel at any time of year?

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

Yes

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Do the interior dimensions of the culvert or tunnel equal or exceed 3.0 feet (0.9 meters) in height (minimum height for tricolored bat)?

Yes Has the local Service Field Office confirmed that culvert surveys are not needed because project activities are not expected to impact bats, or because NLEBs and TCBs are not using culverts within the action area?

No Has a site-specific culvert assessment following USFWS guidelines been completed?

Note: For information on conducting a bridge/structure assessment, please see Appendix K in the USFWS' Range-wide Indiana Bat and Northern Long-eared Bat Survey Guidelines at:https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines Additional resources can be found at: https:// www.fws.gov/media/bats-and-transportation-structures-references-and-additional-resources and a training video is located at: https://www.youtube.com/watch?v=iuFwkT7q8Ws.

Yes

SUBMITTED DOCUMENTS

613163 Lynnfield Culvert Inspection Final.pdf https://ipac.ecosphere.fws.gov/ project/EBFJPKMMOZCVJMVLMQK357OQ4Y/ projectDocuments/161548583

Was evidence of bat use found during the bridge/structure (e.g., culvert) assessment?

No Did you coordinate with your local Ecological Services Field Office (ESFO) and receive approval of culvert assessment results? If NO, please contact the appropriate local ESFO before completing this determination key.

Yes Are trees present within 1000 feet of the action area?

Note: If there are trees within the action area that are of a sufficient size to be potential roosts for bats answer "Yes". If unsure, additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in Appendix A of the USFWS’ Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines at: https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines.

Yes

Proposal No. 613163-135786

A00855 - 9 https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines https://www.fws.gov/media/bats-and-transportation-structures-references-and-additional-resources https://www.fws.gov/media/bats-and-transportation-structures-references-and-additional-resources https://www.youtube.com/watch?v=iuFwkT7q8Ws https://ipac.ecosphere.fws.gov/project/EBFJPKMMOZCVJMVLMQK357OQ4Y/projectDocuments/161548583 https://ipac.ecosphere.fws.gov/project/EBFJPKMMOZCVJMVLMQK357OQ4Y/projectDocuments/161548583 https://ipac.ecosphere.fws.gov/project/EBFJPKMMOZCVJMVLMQK357OQ4Y/projectDocuments/161548583 https://ipac.ecosphere.fws.gov/project/EBFJPKMMOZCVJMVLMQK357OQ4Y/projectDocuments/161548583 https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines

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Does the action include the intentional exclusion of bats from a building or building-like structure? Note: Exclusion is conducted to deny bats’ entry or reentry into a building. To be effective and to avoid harming bats, it should be done according to established standards. If your action includes bat exclusion and you are unsure whether northern long-eared bats or tricolored bats are present, answer “Yes.” Answer “No” if there are no signs of bat use in the building/structure. If unsure, contact your local Ecological Services Field Office to help assess whether northern long-eared bats or tricolored bats may be present. Contact a Nuisance Wildlife Control Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to find a NWCO certified in bat standards, search the Internet using the search term “National Wildlife Control Operators Association bats”). Also see the White-Nose Syndrome Response Team's guide for bat control in structures.

No Does the action involve removal, modification, or maintenance of a human-made building-like structure (barn, house, or other building) known or suspected to contain roosting bats?

No Will the action cause construction of one or more new roads open to the public?

For federal actions, answer ‘yes’ when the construction or operation of these facilities is either (1) part of the federal action or (2) would not occur but for an action taken by a federal agency (federal permit, funding, etc.).

No Will the action include or cause any construction or other activity that is reasonably certain to increase average night-time traffic permanently or temporarily on one or more existing roads? Note: For federal actions, answer ‘yes’ when the construction or operation of these facilities is either (1) part of the federal action or (2) would not occur but for an action taken by a federal agency (federal permit, funding, etc.). .

No Will the action include or cause any construction or other activity that is reasonably certain to increase the number of travel lanes on an existing thoroughfare?

For federal actions, answer ‘yes’ when the construction or operation of these facilities is either (1) part of the federal action or (2) would not occur but for an action taken by a federal agency (federal permit, funding, etc.).

No Will the proposed Action involve the creation of a new water-borne contaminant source (e.g., leachate pond, pits containing chemicals that are not NSF/ANSI 60 compliant)?

Note: For information regarding NSF/ANSI 60 please visit https://www.nsf.org/knowledge-library/nsf-ansi-standard-60-drinking-water-treatment-chemicals-health-effects

No

Proposal No. 613163-135786

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Will the proposed action involve the creation of a new point source discharge from a facility other than a water treatment plant or storm water system?

No Will the action include drilling or blasting?

No Will the action involve military training (e.g., smoke operations, obscurant operations, exploding munitions, artillery fire, range use, helicopter or fixed wing aircraft use at night)?

No Will the proposed action involve the use of herbicides or pesticides (e.g., fungicides, insecticides, or rodenticides)?

No Will the action include or cause activities that are reasonably certain to cause chronic or intense nighttime noise (above current levels of ambient noise in the area) in suitable summer habitat for the northern long-eared bat or tricolored bat during the active season?

Chronic noise is noise that is continuous or occurs repeatedly again and again for a long time. Sources of chronic or intense noise that could cause adverse effects to bats may include, but are not limited to: road traffic; trains; aircraft; industrial activities; gas compressor stations; loud music; crowds; oil and gas extraction; construction; and mining.

Note: Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in Appendix A of the USFWS’ Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines at: https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines.

No Does the action include, or is it reasonably certain to cause, the use of permanent or temporary artificial lighting within 1000 feet of suitable northern long-eared bat or tricolored bat roosting habitat?

Note: Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in Appendix A of the USFWS’ Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines at: https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines.

Yes Will the action cause an increase in the extent of suitable forested habitat exposed to artificial lighting?

No Will the action include tree cutting or other means of knocking down or bringing down trees, tree topping, or tree trimming?

Yes

Proposal No. 613163-135786

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Is the project related to the production of coal, including projects that support the mining of coal, as well as the production and/or distribution of energy produced from coal?

No Will the proposed action occur exclusively in an already established and currently maintained utility right-of-way?

No Does the action include emergency cutting or trimming of hazard trees in order to remove an imminent threat to human safety or property? See hazard tree note at the bottom of the key for text that will be added to response letters

Note: A "hazard tree" is a tree that is an immediate threat to lives, public health and safety, or improved property.

No Does the project intersect with the 0- 9.9% forest density category?

Automatically answered No Does the project intersect with the 10.0- 19.9% forest density category map?

Automatically answered No Does the project intersect with the 20.0- 29.9% forest density category map?

Automatically answered No Does the project intersect with the 30.0- 100% forest density category map?

Automatically answered Yes Will the action cause trees to be cut, knocked down, or otherwise brought down across an area greater than 100 acres in total extent?

No Will the proposed action result in the use of prescribed fire?

Note: If the prescribed fire action includes other activities than application of fire (e.g., tree cutting, fire line preparation) please consider impacts from those activities within the previous representative questions in the key.

This set of questions only considers impacts from flame and smoke.

No Does the action area intersect the northern long-eared bat species list area?

Automatically answered Yes

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[Semantic] Is the action area located within 0.5 miles of radius of an entrance/opening to any known NLEB hibernacula or winter roost? Note: The map queried for this question contains proprietary information and cannot be displayed. If you need additional information, please contact your State wildlife agency.

Automatically answered No [Semantic] Is the action area located within 0.25 miles of a culvert that is known to be occupied by northern long-eared or tricolored bats? Note: The map queried for this question contains proprietary information and cannot be displayed. If you need additional information, please contact your State wildlife agency.

Automatically answered No [Semantic] Is the action area located within 150 feet of a documented northern long-eared bat roost site?

Note: The map queried for this question contains proprietary information and cannot be displayed. If you need additional information, please contact your State wildlife agency.Have you contacted the appropriate agency to determine if your action is within 150 feet of any documented northern long-eared bat roosts?

Note: A document with links to Natural Heritage Inventory databases and other state-specific sources of information on the locations of northern long-eared bat roosts is available here. Location information for northern long-eared bat roosts is generally kept in state natural heritage inventory databases – the availability of this data varies by state.

Many states provide online access to their data, either directly by providing maps or by providing the opportunity to make a data request. In some cases, to protect those resources, access to the information may be limited.

Automatically answered No Is suitable summer habitat for the northern long-eared bat present within 1000 feet of project activities?

If unsure, answer "Yes."

Note: Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in Appendix A of the USFWS’ Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines at: https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines.

Yes

Proposal No. 613163-135786

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Are any of the trees proposed for cutting or other means of knocking down, bringing down, topping, or trimming suitable for northern long-eared bat roosting (i.e., live trees and/or snags ≥3 inches dbh that have exfoliating bark, cracks, crevices, and/or cavities)?

Note: Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in Appendix A of the USFWS’ Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines at: https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines.

Yes Will any tree cutting/trimming or other knocking or bringing down of trees occur during the Fall Swarming season for northern long-eared bats in the action area? Note: Bat activity periods for your state can be found in Appendix 2 of the Service's Northern long-eared Bat and Tricolored Bat Voluntary Environmental Review Process for Development Projects.

No Will any tree cutting/trimming or other knocking or bringing down of trees occur during the Spring Staging season for northern long-eared bats in the action area? Note: Bat activity periods for your state can be found in Appendix 2 of the Service's Northern long-eared Bat and Tricolored Bat Voluntary Environmental Review Process for Development Projects.

No Will any tree cutting/trimming or other knocking or bringing down of trees occur during the Summer Occupancy season for northern long-eared bats in the action area? Note: Bat activity periods for your state can be found in Appendix 2 of the Service's Northern long-eared Bat and Tricolored Bat Voluntary Environmental Review Process for Development Projects.

No Does the action area intersect the tricolored bat species list area?

Automatically answered Yes Is the action area located within 0.5-mile of radius of an entrance/opening to any known tricolored bat hibernacula or winter roost?

Note: The map queried for this question contains proprietary information and cannot be displayed. If you need additional information, please contact your state wildlife agency.

Automatically answered No [Semantic] Is the action area located within 0.25 miles of a culvert that is known to be occupied by northern long-eared or tricolored bats? Note: The map queried for this question contains proprietary information and cannot be displayed. If you need additional information, please contact your State wildlife agency.

Automatically answered No

Proposal No. 613163-135786

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Is suitable summer habitat for the tricolored bat present within 1000 feet of project activities?

(If unsure, answer ""Yes."")

Note: If there are trees within the action area that may provide potential roosts for tricolored bats (e.g., clusters of leaves in live and dead deciduous trees, Spanish moss (Tillandsia usneoides), clusters of dead pine needles of large live pines) answer ""Yes."" For a complete definition of suitable summer habitat for the tricolored bat, please see Appendix A in the Service's Range-wide Indiana Bat and Northern long-eared Bat Survey Guidelines.

Yes Do any of the trees proposed for cutting or other means of knocking down, bringing down, topping, or trimming provide potential roosts for tricolored bats (e.g., clusters of leaves in live and dead deciduous trees, Spanish moss (Tillandsia usneoides), clusters of dead pine needles of large live pine trees)?

Note: Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in Appendix A of the USFWS’ Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines at: https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines.

Yes Will any tree cutting/trimming or other knocking or bringing down of trees be conducted during the Pup Season for tricolored bat? Note: Bat activity periods for your state can be found in Appendix 2 of the Service's Northern Long-eared Bat and Tricolored Bat Voluntary Environmental Review Process for Developmental Projects.

No Do you have any documents that you want to include with this submission?

Yes

SUBMITTED DOCUMENTS

Lynnfield_613163_memo_20251027.pdf https://ipac.ecosphere.fws.gov/project/

EBFJPKMMOZCVJMVLMQK357OQ4Y/

projectDocuments/177614733

Proposal No. 613163-135786

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PROJECT QUESTIONNAIRE

Enter the extent of the action area (in acres) from which trees will be removed - round up to the nearest tenth of an acre. For this question, include the entire area where tree removal will take place, even if some live or dead trees will be left standing.

7.5

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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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