Massachusetts Department Of Transportation Highway Division Proposal No. 609213-134927

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DOCUMENT A00870

MASSACHUSETTS

DIVISION OF FISHERIES AND WILDLIFE

NATURAL HERITAGE AND

ENDANGERED SPECIES

PROGRAM

AND

ACOUSTIC SURVEY AND BRIDGE

ASSESSMENT REPORT

Massachusetts Department Of Transportation Highway Division

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THIS PAGE IS INTENTIONALLY LEFT BLANK

02/20/2025 20:30:16 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: 2025-0059296 Project Name: 609213 - HARVARD- RESURFACING AND BOX WIDENING ON AYER

ROAD, FROM ROUTE 2 TO THE AYER TOWN LINE

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

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

'609213 - HARVARD- RESURFACING AND BOX WIDENING ON AYER ROAD,

FROM ROUTE 2 TO THE AYER TOWN LINE'

Dear Hana Isihara:

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 February 20, 2025, for

'609213 - HARVARD- RESURFACING AND BOX WIDENING ON AYER ROAD, FROM

ROUTE 2 TO THE AYER TOWN LINE' (here forward, Project). This project has been assigned Project Code 2025-0059296 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

A00870-3 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 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 2025-0059296 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

609213 - HARVARD- RESURFACING AND BOX WIDENING ON AYER ROAD, FROM

ROUTE 2 TO THE AYER TOWN LINE

2. Description

The following description was provided for the project '609213 - HARVARD- RESURFACING

AND BOX WIDENING ON AYER ROAD, FROM ROUTE 2 TO THE AYER TOWN LINE':

609213 - HARVARD- RESURFACING AND BOX WIDENING ON AYER

ROAD, FROM ROUTE 2 TO THE AYER TOWN LINE

The proposed project limits along Ayer Road (Route 110/111) extend approximately 1.7 miles from the driveway to 198-200 Ayer Road (approximately 100 feet south of the State Highway Layout at the Route 2 / Ayer Road interchange) to the Harvard / Ayer Town Line. The project limits along Gebo Lane extend approximately 650-feet from its intersection with Ayer Road to its intersection with Lancaster County Road. The project limits along Lancaster County Road extend approximately 550-feet between Gebo Lane and Ayer Road.

The multi-modal improvements are anticipated to include provision of bicycle and pedestrian accommodations, including bicycle lanes in both directions (where feasible), curbing and sidewalk on one side of Ayer Road (where feasible), and ADA/AAB-compliant curb ramps; realignment of Gebo Lane to approximately 90-degrees approaching Ayer Road and incorporation of a roundabout (if feasible) or an improved unsignalized intersection with Gebo Lane under STOP-control;

closure of Lancaster County Road to vehicular traffic between Gebo Lane and Ayer Road; upgrade of storm drain infrastructure; pavement resurfacing; and new pavement markings and signs.

The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@42.53740585,-71.57599216317952,14z

Proposal No. 609213-134927

A00870-6 https://www.google.com/maps/@42.53740585,-71.57599216317952,14z https://www.google.com/maps/@42.53740585,-71.57599216317952,14z

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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.

Note: For federal actions, answer ‘yes’ if the construction or operation of wind power facilities is either (1) part of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.).

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

Yes 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

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FHWA, FRA, and FTA have completed a range-wide programmatic consultation for transportation- related actions within the range of the Indiana bat, northern long-eared bat and tricolored bat.

Does your proposed action fall within the scope of this programmatic consultation?

Note: If you are unsure, but your action is transportation related, please select "Yes" and use the FHWA, FRA, FTA Assisted Determination Key (FHWA DKey) in IPaC to determine if the programmatic consultation is applicable to your action. Return to this key and answer ‘no’ to this question if it is not.

No 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?

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

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Will the action cause effects to a bridge?

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

Yes Has a site-specific bridge 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 Was evidence of bat use found during the bridge assessment?

No

SUBMITTED DOCUMENTS

609213_HARVARD_acoustic_bridge_survey_reduced.pdf https:// ipac.ecosphere.fws.gov/project/PYAWI2CDRBET7FU3CKZ2D5ZGVU/ projectDocuments/157638322

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

Yes 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 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

Proposal No. 609213-134927

A00870-9 https://www.fws.gov/media/users-guide-range-wide-programmatic-consultation-indiana-bat-and-northern-long-eared-bat 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/library/collections/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines https://www.fws.gov/library/collections/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines https://www.youtube.com/watch?v=iuFwkT7q8Ws https://ipac.ecosphere.fws.gov/project/PYAWI2CDRBET7FU3CKZ2D5ZGVU/projectDocuments/157638322 https://ipac.ecosphere.fws.gov/project/PYAWI2CDRBET7FU3CKZ2D5ZGVU/projectDocuments/157638322 https://ipac.ecosphere.fws.gov/project/PYAWI2CDRBET7FU3CKZ2D5ZGVU/projectDocuments/157638322 https://ipac.ecosphere.fws.gov/project/PYAWI2CDRBET7FU3CKZ2D5ZGVU/projectDocuments/157638322

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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

609213_HARVARD_acoustic_bridge_survey_reduced.pdf https:// ipac.ecosphere.fws.gov/project/PYAWI2CDRBET7FU3CKZ2D5ZGVU/ projectDocuments/157638322

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 Does the action include the intentional exclusion of bats from a building or 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 structure (barn, house, or other building) known or suspected to contain roosting bats?

No

Proposal No. 609213-134927

A00870-10 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/PYAWI2CDRBET7FU3CKZ2D5ZGVU/projectDocuments/157638322 https://ipac.ecosphere.fws.gov/project/PYAWI2CDRBET7FU3CKZ2D5ZGVU/projectDocuments/157638322 https://ipac.ecosphere.fws.gov/project/PYAWI2CDRBET7FU3CKZ2D5ZGVU/projectDocuments/157638322 https://ipac.ecosphere.fws.gov/project/PYAWI2CDRBET7FU3CKZ2D5ZGVU/projectDocuments/157638322 https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines

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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 daily 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 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)?

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

No

Proposal No. 609213-134927

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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 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

Proposal No. 609213-134927

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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 tricolored bat species list area?

Automatically answered Yes [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 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

Proposal No. 609213-134927

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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 L of the Service's Range-wide Indiana Bat and Northern long-eared Bat Survey Guidelines.

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

No

Proposal No. 609213-134927

A00870-14 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/library/collections/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines https://www.fws.gov/library/collections/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines

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.

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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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November 21, 2024

Dave Paulson Wildlife and Endangered Species Program Supervisor Massachusetts Department of Transportation – Highway Division Ten Park Plaza, Room 7360 Boston, MA 02116-3973 David.J.Paulson.@dot.state.ma.us

(857) 262-3378

Project Bat Presence/Absence Acoustic Survey and Bridge Assessments

MassDOT Project # 609213 MassDOT Project Title Harvard- Resurfacing and Box Widening on Ayer Road, from Route

2 to the Ayer Town Line Town Harvard, Massachusetts Surveyor Name/Firm Nicholas Boulanger / Tetra Tech, Inc.

Detector Operation Dates July 26–August 3, 2024 Acoustic Survey Results NLEB NOT DETECTED Acoustic Survey Results PESU DETECTED Acoustic Survey Results MYLU DETECTED Acoustic Survey Results MYLE NOT DETECTED Bridge Assessment Date June 19, 2024 Bridge Assessment Results Signs of Bats Not Detected at Bridges H-09-026, H-09-004, and

H-09-011 and at Two Culverts

Dear Mr. Paulson, This report contains the results of the Massachusetts Department of Transportation (MassDOT) bat summer presence/absence survey performed for the MassDOT Project #609213, Harvard- Resurfacing and Box Widening on Ayer Road, from Route 2 to the Ayer Town Line, in Harvard, Massachusetts (Project). Acoustic detectors deployed by Tetra Tech detected the following species:

• Did not detect the presence of federally endangered northern long-eared bat (Myotis septentrionalis, hereafter NLEB) as 0 calls were classified and confirmed as such via qualitative assessment.

• Did detect the presence of federally proposed endangered and state endangered tricolored bat (Perimyotis subflavus) as 45 calls were classified and confirmed as such via qualitative assessment.

• Did detect the presence of state endangered little brown bat (Myotis lucifugus) as 106 calls were classified and confirmed as such via qualitative assessment.

Proposal No. 609213-134927

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• Did not detect the presence of state endangered eastern small-footed bat (Myotis leibii) as 0 calls were classified and confirmed via qualitative assessment.

This report also contains the results of the MassDOT bridge and culvert assessments performed for the Project. No bats (dead or alive), staining, bat sounds, or distinct odors were observed at Bridges H-09-026, H-09-004, and H-09-011. These bridges do not appear to provide a cave-like environment. The survey also included assessments at two culverts, neither of which were observed to have signs of roosting bats. For the reasons stated above, it is determined that these bridges and culverts are not used by bats.

Sincerely, Sarah Watts Martin Tetra Tech

Attachments: Bat Presence/Probable Absence Acoustic Survey and Bridge Assessment Report, Harvard - Resurfacing and Box Widening on Ayer Road, from Route 2 to the Ayer Town Line Project, MassDOT Project No. 609213

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Bat Presence/Probable Absence Acoustic Survey and Bridge Assessment

Report Harvard - Resurfacing and Box Widening on Ayer Road, from Route 2 to the Ayer Town Line Project

MassDOT Project No. 609213

Prepared for:

Massachusetts Department of Transportation

Highway Division Ten Park Plaza, Room 7360

Boston, MA 02116-3973

Prepared by:

Tetra Tech, Inc.

451 Presumpscot Street

Portland, ME 04103 www.tetratech.com

November 2024

A00870-19 http://www.tetratech.com/

EXECUTIVE SUMMARY

This report conveys results of the survey assessing presence/probable absence for northern long-eared bat (Myotis septentrionalis, NLEB) and other bats during the summer of 2024 for Massachusetts Department of Transportation (MassDOT) Harvard - Resurfacing and Box Widening on Ayer Road, from Route 2 to the Ayer Town Line Project (MassDOT Project #609213) located in Harvard, Massachusetts (Project). Tetra Tech, Inc. (Tetra Tech) deployed five acoustic detectors, and call analysis did not indicate the presence of NLEB. Tetra Tech reviewed a subsample of other Myotis calls to further verify detection of NLEB. The survey confirmed presence of six species at the Project: big brown bat (Eptesicus fuscus), eastern red bat (Lasiurus borealis), hoary bat (Lasiurus cinereus), silver-haired bat (Lasionycteris noctivagans), little brown bat (Myotis lucifugus), and tricolored bat (Perimyotis subflavus).

This report summarizes the methods and results of the acoustic survey and bridge/structure assessment. Appendix A includes an aerial map of the Project and detector locations along with photographs illustrating site conditions and microphone orientation. Appendix B includes copies of the completed Phase 1 Summer Habitat Assessment forms for the Project. Appendix C is a summary of Maximum Likelihood Estimates (MLE), Appendix D includes assessment forms and photographs of the bridge/structure conditions, and Appendix E includes resumes for relevant staff members involved with the Project.

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Table of Contents Project Description

Methods

2.1 Habitat Assessment

2.1.1 Desktop Assessment

2.1.2 Field-based Assessment

2.2 Acoustic Survey

2.2.1 Detector Type

2.2.2 Detector Deployment

2.2.3 Weather Requirements

2.2.4 Acoustic Analysis

2.3 Bridge/Structure Assessments

Results

3.1 Habitat Assessment

3.2 Acoustic Survey

3.3 Bridge/Structure Assessment

Conclusion

References

List of Tables Table 1. Survey personnel, bat acoustic presence/probable absence survey, Harvard- Resurfacing and Box Widening on Ayer Road, MassDOT Project #609213 (July-August 2024)

Table 2. Detector station descriptions, Harvard - Resurfacing and Box Widening on Ayer Road, MassDOT Project #609213 (July-August 2024)

Table 3. Summary of weather information during the first 5 hours of each survey night, Harvard - Resurfacing and Box Widening on Ayer Road, MassDOT Project #609213 (July-August 2024)

Table 4. Summary of species presence by Kaleidoscope Pro and manual vetting, Harvard - Resurfacing and Box Widening on Ayer Road, MassDOT Project #609213 (July-August 2024)

Table 5. Bat passes recorded after qualitative analysis at Harvard - Resurfacing and Box Widening on Ayer Road, MassDOT Project #609213 (July-August 2024)

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List of Figures Figure 1. Locations of acoustic detectors MAHA-01, MAHA-02, and MAHA-03 deployed at Harvard -

Resurfacing and Box Widening on Ayer Road, MassDOT Project #609213 (July-August 2024)

Figure 2. Locations of acoustic detectors MAHA-03, MAHA-04, and MAHA-05 deployed at Harvard - Resurfacing and Box Widening on Ayer Road, MassDOT Project #609213 (July-August 2024)

List of Appendices Appendix A. Detector Station Map and Photographs

Appendix B. Completed Phase 1 Summer Habitat Assessment for Acoustic Detectors

Appendix C. Maximum Likelihood Estimates (MLE) Summary

Appendix D. Bridge/Structure Bat Assessment Form, Habitat Assessment Forms, and Photographs

Appendix E. Relevant Staff Resumes

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Project Description

This report conveys results of the survey assessing presence/probable absence for the northern long-eared bat (Myotis septentrionalis, NLEB) and other bats during the summer of 2024 for Massachusetts Department of Transportation (MassDOT) Harvard - Resurfacing and Box Widening on Ayer Road, from Route 2 to the Ayer Town Line Project (MassDOT Project #609213) located in Harvard, Massachusetts. (Project; Figure 1). The linear area affected is 2.9 miles (4.7 kilometers).

The Project area is a road that runs through a rural area of low- to moderate-density residential development surrounded by an area of moderately dense, mixed-use development. Forested public land near the Project includes Oxbow National Wildlife Refuge (1,667 acres, 2.5 miles west-southwest), Ayer Road Meadows (24 acres, Project area abuts parcel), Oak Hill Conservation Area (220 acres, 2.2 miles east), and Bolton Flats Wildlife Management Area (978 acres; 3.3 miles southwest. There are also several individual parcels that are in conservation restriction. Open water bodies in the surrounding area include Bowers Brook, Cold Spring Brook, and the complex of mill ponds in Ayer.

Methods

The survey to assess bat summer presence/probable absence at the Project accorded with the 2024 U.S. Fish and Wildlife Service (USFWS) Range-wide Indiana Bat & Northern Long-eared bat Survey Guidelines (Guidelines) (USFWS 2024). This survey followed a two-phased approach: Phase 1 included the desktop and field-based habitat assessments, and Phase 2 included the acoustic survey. Tetra Tech deployed full-spectrum acoustic detectors during Phase 2, and the resulting data were processed by use of Kaleidoscope Pro version 5.4.0 (Wildlife Acoustics, Inc.). Qualified Tetra Tech personnel conducted all phases of the survey. Specific roles are summarized in Table 1, and resumes of relevant staff are provided in Appendix D.

Table 1. Survey personnel, bat acoustic presence/probable absence survey, Harvard- Resurfacing and Box Widening on Ayer Road, MassDOT Project #609213 (July-August 2024)

Personnel Desktop Analysis

Field Assessment

Detector Deployment

Bridge / Structure

Assessment

Acoustic Analysis

Qualitative Analysis

Nicholas Boulanger Wildlife Biologist X X X

Baxter Seguin Wildlife Biologist X X

Ken Deshais Sr. Project Scientist X X

Kinsale McGrath Environ. Scientist X X

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Figure 1. Locations of acoustic detectors MAHA-01, MAHA-02, and MAHA-03 deployed at Harvard - Resurfacing and Box Widening on Ayer Road, MassDOT Project #609213 (July-August 2024)

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Figure 2. Locations of acoustic detectors MAHA-03, MAHA-04, and MAHA-05 deployed at Harvard - Resurfacing and Box Widening on Ayer Road, MassDOT Project #609213 (July-August 2024)

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2.1 Habitat Assessment

The following sections describe the desktop and field-based habitat assessments of summer presence of the NLEB at the Project.

2.1.1 Desktop Assessment

Prior to field work, Tetra Tech performed a desktop land cover analysis to identify suitable NLEB habitat within the proposed Project area (Figure 1). Tetra Tech reviewed aerial photography and Google Earth imagery to identify areas of possible use by the NLEB for foraging and roosting during the maternity and migration seasons. Determination of these areas was based on forest patch size, proximity to closed-canopy forests, and landscape features that bats may use to commute between roosting and foraging habitats (e.g., forested tracts, wetlands, and streams). All relatively contiguous forested lands that were not highly fragmented by residential or commercial developments were considered suitable NLEB habitat, and all densely populated or developed stretches were determined to be unsuitable (USFWS 2024) (see Figure 1 and Figures in Appendix A). The Guidelines indicate requirement for linear projects of a minimum of one detector per kilometer of suitable habitat for four detector-nights (USFWS 2024). Therefore, five detector stations were necessary for this linear project with 4.7 kilometer of suitable habitat.

2.1.2 Field-based Assessment

On July 26, 2024, Tetra Tech conducted a site visit to verify presence of NLEB habitat identified during the desktop analysis, deploy five full-spectrum acoustic detectors, and conduct a Phase 1 Summer Habitat Assessment. General habitat descriptions for each station are provided in Table 2.

The completed Phase 1 Summer Habitat Assessment is included in Appendix B.

Table 2. Detector station descriptions, Harvard - Resurfacing and Box Widening on Ayer Road, MassDOT Project #609213 (July-August 2024)

Detector Station

Suitable

NLEB

Habitat Description GPS

Coordinates

Microphone Orientation

(degrees)

Survey Nights

MAHA-01 Yes

Beside suburban road in mix of low-to moderate-density residential and commercial development. Large trees, residences, and businesses border road. Landscape has large blocks of fragmented forests.

42.545185 -71.572633 180 7/26–

8/3/2024

MAHA-02 Yes

Beside suburban road in low-density commercial development.

Large openings and forests fragmented by residential development. Many small pine trees and snags.

42.535718 -71.576536 180 7/26–

8/3/2024

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Detector Station

Suitable

NLEB

Habitat Description GPS

Coordinates

Microphone Orientation

(degrees)

Survey Nights

MAHA-03 Yes

In grassy opening on roadside in low-density commercial development with openings and forests fragmented by residential development. Single trees border road; larger woodlots nearby.

42.531927 -71.577028 0 7/26–

8/3/2024

MAHA-04 Yes

On roadside in area surrounded by a mixture of woodlands and commercial and residential development.

42.529876 -71.578271 90 7/26–

8/3/2024

MAHA-05 Yes

On roadside near edge of a cloverleaf highway interchange.

Surrounding area has forests fragmented with residential and commercial development.

42.522156 -71.582591 45 7/26–

8/3/2024

2.2 Acoustic Survey

The following sections discuss the various aspects of the acoustic survey.

2.2.1 Detector Type

Tetra Tech used a Wildlife Acoustics Song Meter-4 BAT ultrasonic bat detector (Wildlife Acoustics, Inc., Massachusetts, USA) equipped with a SMM-U2 microphone over the duration of the survey.

The detector was set to record from an hour before sunset to an hour after sunrise (approximately 7:30 PM–6:11 AM) in full-spectrum mode, and files were saved in .WAV format on internal SD cards. The detector was fully waterproof and powered by internal D cell batteries. Tetra Tech tested the detector and microphone prior to deployment using a Wildlife Acoustics Ultrasonic Calibrator to confirm equipment was functioning properly and device sensitivity was within the manufacturer’s suggested thresholds. A “chirp test” with the Ultrasonic Calibrator confirmed that all connections were sound, and the microphone registered high-frequency noise once the detector was set. Tetra Tech performed this test again at demobilization to ensure the microphone was functioning while deployed. Tetra Tech reviewed log files when the unit was recovered to verify proper functioning over the duration of the survey.

2.2.2 Detector Deployment

Tetra Tech micro-sited the detectors in suitable habitat within the Project area to facilitate sampling of potential habitats in accordance with the Guidelines. The detectors were deployed on July 26, 2024, and retrieved on August 4, 2024. The microphone was mounted at a minimum height of 9 feet above ground to avoid ground vegetation and elevate the cone of detection. Orientation of the microphone was along suspected flight paths to increase the number of call pulses and quality of recordings. Therefore, microsite conditions determined specific orientation. Appendix A includes station conditions and photographs.

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2.2.3 Weather Requirements

For valid survey results, the Guidelines specify weather requirements during the first 5 hours after sunset of each detector-night as follows: temperatures remain above 50 degrees Fahrenheit, no precipitation exceeds 30 minutes, and sustained wind speed is less than 9 miles/hour. Tetra Tech reviewed hourly weather history from the weather station closest to the Project that provided data on temperature, precipitation rate, and precipitation accumulation (Weather Underground 2024). A RainWise® WindLog™ Wind Data Logger was set up at detector station MAHA-05, which was near the Ayer Road intersection with State Route 2. Wind speed was collected every 2 minutes and viewed in Windsoft software to determine if the weather guidelines were met.

2.2.4 Acoustic Analysis

Tetra Tech analyzed the recorded data according to the Guidelines. Data were filtered and analyzed via Kaleidoscope Pro version 5.4.0, by use of the classifier “Bats of North America 5.4.0” for species of bats in Massachusetts at the 0 Balanced “Neutral” sensitivity level. Signals of interest ranged from 16–120 kilohertz (kHz), lasting 2–500 milliseconds, with a minimum of two call pulses.

Conversions of full-spectrum .WAV files to zero-crossing proceeded by use of a division ratio of eight. Tetra Tech subsequently used SonoBat v 4.2.0 to manually review all files auto-classified as NLEB, eastern small-footed bat (Myotis leibii), and tricolored bat (Perimyotis subflavus). Files auto-classified as little brown bat (Myotis lucifugus) were manually reviewed on those nights with a p-value for NLEB of ≤0.05, per the Guidelines. Eastern small-footed bats, little brown bats and tricolored bats were included in qualitative analysis because of their protected status under the Massachusetts Endangered Species Act (M.G.L. c. 131A; MassWildlife 2020). In addition, tricolored bats are proposed for endangered listing under the federal Endangered Species Act. All bat passes ≥35 kHz were reviewed during any night with a significant NLEB MLE value. Indiana bat is listed as endangered at both the federal and state levels. However, the species has not been documented in Massachusetts since 1939 (MassWildlife 2019a), and Massachusetts is not within the putative range for the species (USFWS 2024). Therefore, Indiana bat presence is very unlikely, and the species was not included as a potential species in the analysis.

Tetra Tech manually reviewed a subsample of files auto-classified as big brown bat (Eptesicus fuscus), eastern red bat (Lasiurus borealis), silver-haired bat (Lasionycteris noctivagans), hoary bat (Lasiurus cinereus), and little brown bat to confirm presence of species. Bat passes auto-classified as “No ID” indicated that the program recognized the recording as a bat but could not identify it to the species level. These “No ID” auto-classifications were filtered by characteristic frequency (Fc), and those with an Fc ≥35 kHz were labeled “unidentified high-frequency bat species,” and those with an Fc <35 kHz were labeled “unidentified low-frequency bat species.” Results were summarized by station and by night.

2.3 Bridge/Structure Assessments

On June 19, 2024, Tetra Tech conducted a site visit to the Project area to assess two culverts and three bridges for the presence of characteristics that have the potential to provide bat habitat. The bridge assessment followed the guidance provided in Appendix K of the Guidelines, and survey personnel completed the Bridge/Culvert Bat Assessment Form. The bridge/structure assessment included a visual and auditory inspection for flying and roosting bats, visual inspection for indirect

A00870-29 evidence (guano, staining), and identifying favorable characteristics (cracks, expansion joints, weep holes, etc.) for roosting.

Results

3.1 Habitat Assessment

The desktop and field-based habitat assessments revealed approximately 2.9 miles (4.7 kilometers) of suitable NLEB habitat. The majority of the Project area with potential for tree removal is composed of forest and individual trees.

3.2 Acoustic Survey

Based on the results of the habitat assessment, Tetra Tech deployed five detectors from July 26 through August 3, 2024 for 45 detector-nights. Weather conditions were met during 7 nights of the survey (Table 3).

Table 3. Summary of weather information during the first 5 hours of each survey night, Harvard - Resurfacing and Box Widening on Ayer Road, MassDOT Project #609213 (July- August 2024)

Survey Night Temperature Range (°F)

Wind Range (mph)

Precipitation (inches) Qualifying Night

July 26 69–78 0 0 Yes July 27 67–80 0–4 0 Yes July 28 67–76 0 0 Yes July 29 67–68 0–2 0 Yes July 30 70-–79 2–4 0 Yes July 31 72–77 0–3 0.25 No

August 1 76–83 0–1 0 Yes August 2 73–75 0–1 0.12 No August 3 74–79 0–2 0 Yes

Bold text emphasizes the date and weather parameter for those detector nights that did not meet weather criteria.

Interpreting results solely according to the number of species’ bat passes by software auto-classification can be misleading because of varying levels of confidence in the classifications.

Therefore, MLEs were applied as a secondary measure to determine likelihood of species presence by incorporation of known error rates for each species classifier within the software. Of the eight bat species that currently occur in Massachusetts, MLEs indicated the likely presence of five species in the Project Area, i.e., big brown bat, eastern red bat, hoary bat, silver-haired bat and little brown bat (Table 4).

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Table 4. Summary of species presence by Kaleidoscope Pro and manual vetting, Harvard - Resurfacing and Box Widening on Ayer Road, MassDOT Project #609213 (July-August 2024)

Species MLE Prediction1 Qualitative Analysis

Overall Evaluation

Big brown bat Present Present Present Eastern red bat Present Present Present Hoary bat Present Present Present Silver-haired Bat Present Present Present Small-footed Bat Absent Absent Absent Little brown bat Present Present Present Northern Long-eared Bat Absent Absent Absent Tricolored bat Absent Present Present

1. Based on probability of presence for any site on any night. See Appendix C for complete listing of MLEs by site/night.

Manual review of bat passes by experienced biologists usually is the most accurate method of species identification. Manual review confirmed the presence of the species per MLE predictions and additionally confirmed the presence of tricolored bat. Table 5 summarizes the number of qualitatively analyzed passes the five detectors recorded on nights July 26–August 3, 2024. The five detectors were functional over the duration of deployment. Kaleidoscope Pro classified 0 bat passes as NLEB., and NLEB was not confirmed during manual vetting. Qualitative analysis classified 106 bat passes as little brown bat and 45 bat passes as tricolored bat. All other species listed in Table 4 were subsampled to confirm species presence. In summary, manual vetting confirmed the presence of little brown bat tricolored bat and probable absence of NLEB.

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Table 5. Bat passes recorded after qualitative analysis at Harvard - Resurfacing and Box Widening on Ayer Road, MassDOT Project #609213 (July-August 2024)

Station Date

Bi g br ow n ba t

Ea st er n re d ba t

H oa ry b at

Si lv er -h ai re d ba t

Li tt le b ro w n ba t

Tr ic ol or ed

U ni de nt ifi ed h ig h fr eq ue nc y sp ec ie s

U ni de nt ifi ed lo w fr eq ue nc y sp ec ie s

Grand Total

Station Total 758 144 136 277 41 14 288 665 2,323

MAHA-01 7/26/2024 70 24 2 13 10 2 36 34 191

7/27/2024 93 34 10 29 11 3 63 46 289

7/28/2024 49 13 8 14 7 2 43 31 167

7/29/2024 46 22 23 25 1 1 48 51 217

7/30/2024 172 25 29 72 7 4 39 144 492

7/31/2024 16 11 6 1 22 56 8/1/2024 197 17 38 55 3 39 142 491 8/2/2024 1 1 1 2 5

8/3/2024 114 9 14 62 2 2 19 193 415

Station Total 1,068 166 106 173 28 11 236 480 2,268

MAHA-02 7/26/2024 96 21 3 7 1 2 28 15 173

7/27/2024 102 19 4 16 2 2 30 45 220

7/28/2024 102 32 7 21 1 1 29 68 261

7/29/2024 156 12 7 20 4 2 24 71 296

7/30/2024 144 19 8 12 1 23 56 263

7/31/2024 148 33 35 19 6 1 39 49 330

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Station Date

Bi g br ow n ba t

Ea st er n re d ba t

H oa ry er -h ai re d ba t

Li tt le b ro w n ba t

Tr ic ol or ed de nt ifi ed h ig h fr eq ue nc y sp ec ie s

U ni de nt ifi ed lo w fr eq ue nc y sp ec ie s

Grand Total

8/1/2024 128 7 9 28 5 1 28 55 261

8/2/2024 85 2 27 29 1 47 191

8/3/2024 107 21 6 21 8 2 34 74 273

Station Total 797 167 103 493 23 9 180 652 2,424

MAHA-03 7/26/2024 25 16 2 7 4 15 12 81

7/27/2024 50 12 7 79 3 2 17 34 204

7/28/2024…