A00870-612505.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 612505-134592

A00870 - 1

DOCUMENT A00870

U.S. FISH AND WILDLIFE SERVICE

NLAA CONCURRENCE VERIFICATION LETTER

Massachusetts Department Of Transportation Highway Division

A00870 - 2

THIS PAGE INTENTIONALLY LEFT BLANK

11/13/2024 21:50:36 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: 2025-0014622 Project Name: 612505 - NORTH ADAMS- BRIDGE PRESERVATION, N-14-039

Subject: Concurrence verification letter for the '612505 - NORTH ADAMS- BRIDGE PRESERVATION, N-14-039' project under the amended February 5, 2018, FHWA, FRA, FTA Programmatic Biological Opinion (dated March 23, 2023) for Transportation Projects within the Range of the Indiana Bat and Northern Long-eared Bat (NLEB).

To whom it may concern:

The U.S. Fish and Wildlife Service (Service) has received your request dated November 13, 2024 to verify that the 612505 - NORTH ADAMS- BRIDGE PRESERVATION, N-14-039 (Proposed Action) may rely on the concurrence provided in the amended February 5, 2018, FHWA, FRA, FTA Programmatic Biological Opinion (dated March 23, 2023) for Transportation Projects within the Range of the Indiana Bat and Northern Long-eared Bat (PBO) to satisfy requirements under Section 7(a)(2) of the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et seq.).

Based on the information you provided (Project Description shown below), you have determined that the Proposed Action is within the scope and adheres to the criteria of the PBO, including the adoption of applicable avoidance and minimization measures. At least one of the qualification interview questions indicated an activity or portion of your project is consistent with a not likely to adversely affect determination therefore, the overall determination for your project is, may affect, and is not likely to adversely affect (NLAA) the endangered Indiana bat (Myotis sodalis) and/or the endangered northern long-eared bat (Myotis septentrionalis).

Consultation with the Service pursuant to section 7(a)(2) of ESA (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) is required.

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

A00870 - 3 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.

For Proposed Actions that include bridge/culvert or structure removal, replacement, and/or maintenance activities: If your initial bridge/culvert or structure assessment documented signs of bat use or occupancy, or an assessment failed to detect Indiana bats and/or NLEBs, yet are later detected prior to, or during construction, please submit the Post Assessment Discovery of Bats at Bridge/Culvert or Structure Form (User Guide Appendix E) to this Service Office within 2 working days of any potential take. In these instances, potential incidental take of Indiana bats and/or NLEBs is covered under the Incidental Take Statement in the 2018 FHWA, FRA, FTA PBO (provided that the take is reported to the Service).

If the Proposed Action is modified, or new information reveals that it may affect the Indiana bat and/or northern long-eared bat in a manner or to an extent not considered in the PBO, further review to conclude the requirements of ESA Section 7(a)(2) may be required.

For Proposed Actions that include bridge/culvert or structure removal, replacement, and/or maintenance activities:

If your initial bridge/culvert or structure assessments failed to detect Indiana bats and/or NLEB use or occupancy, yet bats are later detected prior to, or during construction, please submit the Post Assessment Discovery of Bats at Bridge/Culvert or Structure Form (User Guide Appendix E) to this Service Office within 2 working days of the incident. In these instances, potential incidental take of Indiana bats and/or NLEBs may be exempted provided that the take is reported to the Service.

If the Proposed Action may affect any other federally-listed or proposed species, and/or any designated critical habitat, additional consultation between the lead Federal action agency and this Service Office is required. If the proposed action has the potential to take bald or golden eagles, additional coordination with the Service under the Bald and Golden Eagle Protection Act may also be required. In either of these circumstances, please contact this Service Office.

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

Monarch Butterfly Danaus plexippus Candidate Tricolored Bat Perimyotis subflavus Proposed Endangered

A00870 - 4

PROJECT DESCRIPTION

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

NAME

612505 - NORTH ADAMS- BRIDGE PRESERVATION, N-14-039

DESCRIPTION

612505 - NORTH ADAMS- BRIDGE PRESERVATION, N-14-039, ROUTE 2 OVER

SOUTH BRANCH OF THE HOOSIC RIVER AND ROUTE 8

Work consists of preserving the bridge carrying Route 2 over the South Branch of the Hoosic River and Route 8.

Tricolored Bat: Proposed Endangered Species only. The project action will not jeopardize the continued existence of a proposed species.

Monarch Butterfly: Candidate Species only, no conservation measures at this time.

A00870 - 5

The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@42.70036985,-73.1146815,14z

Proposal No. 612505-134592

A00870 - 6 https://www.google.com/maps/@42.70036985,-73.1146815,14z https://www.google.com/maps/@42.70036985,-73.1146815,14z

1.

2.

3.

4.

5.

6.

DETERMINATION KEY RESULT

Based on your answers provided, this project(s) may affect, but is not likely to adversely affect the endangered Indiana bat and/or the endangered northern long-eared bat, therefore, consultation with the U.S. Fish and Wildlife Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (ESA) (87 Stat. 884, as amended 16 U.S.C. 1531 et seq.) is required. However, also based on your answers provided, this project may rely on the concurrence provided in the amended February 5, 2018, FHWA, FRA, FTA Programmatic Biological Opinion (dated March 23, 2023) for Transportation Projects within the Range of the Indiana Bat and Northern Long-eared Bat.

QUALIFICATION INTERVIEW

Is the project within the range of the Indiana bat ?

[1] See Indiana bat species profile

Automatically answered No Is the project within the range of the northern long-eared bat ?

[1] See northern long-eared bat species profile

Automatically answered Yes Which Federal Agency is the lead for the action?

A) Federal Highway Administration (FHWA) Are all project activities limited to non-construction activities only? (examples of non-construction activities include: bridge/abandoned structure assessments, surveys, planning and technical studies, property inspections, and property sales)

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

No Does the project include any activities that are greater than 300 feet from existing road/ rail surfaces ?

[1] Road surface is defined as the actively used [e.g. motorized vehicles] driving surface and shoulders [may be pavement, gravel, etc.] and rail surface is defined as the edge of the actively used rail ballast.

No Does the project include any activities within 0.5 miles of a known Indiana bat and/or NLEB hibernaculum ?

[1] For the purpose of this consultation, a hibernaculum is a site, most often a cave or mine, where bats hibernate during the winter (see suitable habitat), but could also include bridges and structures if bats are found to be hibernating there during the winter.

No

[1]

[1]

[1]

[1]

[1]

Proposal No. 612505-134592

A00870 - 7 https://ecos.fws.gov/ecp/species/5949 https://ecos.fws.gov/ecp/species/9045

7.

8.

9.

10.

11.

12.

Is the project located within a karst area?

Yes Will the project include any type of activity that could impact a known hibernaculum , or impact a karst feature (e.g., sinkhole, losing stream, or spring) that could result in effects to a known hibernaculum?

[1] For the purpose of this consultation, a hibernaculum is a site, most often a cave or mine, where bats hibernate during the winter (see suitable habitat), but could also include bridges and structures if bats are found to be hibernating there during the winter.

No Is there any suitable summer habitat for Indiana Bat or NLEB within the project action area ? (includes any trees suitable for maternity, roosting, foraging, or travelling habitat)

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

[2] The action area is defined as all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action (50 CFR Section 402.02). Further clarification is provided by the User's Guide for the Range-wide Programmatic Consultation for Indiana Bat and Northern Long-eared Bat.

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

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

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

No Have presence/probable absence (P/A) summer surveys been conducted within the suitable habitat located within your project action area?

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

[2] Presence/probable absence summer surveys conducted within the fall swarming/spring emergence home range of a documented Indiana bat hibernaculum (contact local Service Field Office for appropriate distance from hibernacula) that result in a negative finding requires additional consultation with the local Service Field Office to determine if clearing of forested habitat is appropriate and/or if seasonal clearing restrictions are needed to avoid and minimize potential adverse effects on fall swarming and spring emerging Indiana bats.

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

[4] Negative presence/probable absence survey results obtained using the summer survey guidance are valid for a minimum of two years from the completion of the survey unless new information (e.g., other nearby surveys) suggest otherwise.

No

[1]

[1] [2]

[1]

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

Proposal No. 612505-134592

A00870 - 8 https://fws.gov/library/collections/range-wide-indiana-bat-survey-guidelines https://www.fws.gov/media/users-guide-range-wide-programmatic-consultation-indiana-bat-and-northern-long-eared-bat#18 https://www.fws.gov/media/users-guide-range-wide-programmatic-consultation-indiana-bat-and-northern-long-eared-bat#18 https://fws.gov/library/collections/range-wide-indiana-bat-survey-guidelines https://fws.gov/library/collections/range-wide-indiana-bat-survey-guidelines

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

Does the project include activities within documented NLEB habitat ?

[1] Documented roosting or foraging habitat – for the purposes of this consultation, we are considering documented habitat as that where Indiana bats and/or NLEB have actually been captured and tracked using (1) radio telemetry to roosts; (2) radio telemetry biangulation/triangulation to estimate foraging areas; or (3) foraging areas with repeated use documented using acoustics. Documented roosting habitat is also considered as suitable summer habitat within 0.25 miles of documented roosts.)

[2] For the purposes of this key, we are considering documented corridors as that where Indiana bats and/or NLEB have actually been captured and tracked to using (1) radio telemetry; or (2) treed corridors located directly between documented roosting and foraging habitat.

No Will the removal or trimming of habitat or trees occur within suitable but undocumented NLEB roosting/foraging habitat or travel corridors?

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

B) During the inactive season Will any tree trimming or removal occur within 100 feet of existing road/rail surfaces?

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

No Are all trees that are being removed clearly demarcated?

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

No Does the project include wetland or stream protection activities associated with compensatory wetland mitigation?

No Does the project include slash pile burning?

No Does the project include any bridge removal, replacement, and/or maintenance activities (e.g., any bridge repair, retrofit, maintenance, and/or rehabilitation work)?

Yes Is there any suitable habitat for Indiana bat or NLEB within 1,000 feet of the bridge?

(includes any trees suitable for maternity, roosting, foraging, or travelling habitat)

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

Yes

[1][2]

[1]

Proposal No. 612505-134592

A00870 - 9

24.

25.

26.

27.

28.

29.

30.

Has a bridge assessment been conducted within the last 24 months to determine if the bridge is being used by bats?

[1] See User Guide Appendix D for bridge/structure assessment guidance

[2] Assessments must be completed no more than 2 years prior to conducting any work below the deck surface on all bridges that meet the physical characteristics described in the Programmatic Consultation, regardless of whether assessments have been conducted in the past. Due to the transitory nature of bat use, a negative result in one year does not guarantee that bats will not use that bridge/structure in subsequent years.

Yes

SUBMITTED DOCUMENTS

612505_NorthAdams_Bridge_Assessment.pdf https://ipac.ecosphere.fws.gov/ project/AR4FQ7XWORC6DH357EKU3SYSKI/ projectDocuments/152076805

Did the bridge assessment detect any signs of Indiana bats and/or NLEBs roosting in/under the bridge (bats, guano, etc.) ?

[1] If bridge assessment detects signs of any species of bats, coordination with the local FWS office is needed to identify potential threatened or endangered bat species. Additional studies may be undertaken to try to identify which bat species may be utilizing the bridge prior to allowing any work to proceed.

Note: There is a small chance bridge assessments for bat occupancy do not detect bats. Should a small number of bats be observed roosting on a bridge just prior to or during construction, such that take is likely to occur or does occur in the form of harassment, injury or death, the PBO requires the action agency to report the take. Report all unanticipated take within 2 working days of the incident to the USFWS. Construction activities may continue without delay provided the take is reported to the USFWS and is limited to 5 bats per project.

No Will the bridge removal, replacement, and/or maintenance activities include installing new or replacing existing permanent lighting?

No Does the project include the removal, replacement, and/or maintenance of any structure other than a bridge? (e.g., rest areas, offices, sheds, outbuildings, barns, parking garages, etc.)

No Will the project involve the use of temporary lighting during the active season?

Yes Is there any suitable habitat within 1,000 feet of the location(s) where temporary lighting will be used?

Yes Will the project install new or replace existing permanent lighting?

No

[1] [2]

[1]

Proposal No. 612505-134592

A00870 - 10 https://www.fws.gov/sites/default/files/documents/appendix-d-bridge-culvert-bat-assessment-form-april-2020.pdf https://ipac.ecosphere.fws.gov/project/AR4FQ7XWORC6DH357EKU3SYSKI/projectDocuments/152076805 https://ipac.ecosphere.fws.gov/project/AR4FQ7XWORC6DH357EKU3SYSKI/projectDocuments/152076805 https://ipac.ecosphere.fws.gov/project/AR4FQ7XWORC6DH357EKU3SYSKI/projectDocuments/152076805 https://ipac.ecosphere.fws.gov/project/AR4FQ7XWORC6DH357EKU3SYSKI/projectDocuments/152076805

31.

32.

33.

34.

35.

36.

37.

Does the project include percussives or other activities (not including tree removal/ trimming or bridge/structure work) that will increase noise levels above existing traffic/ background levels?

Yes Will the activities that use percussives (not including tree removal/trimming or bridge/ structure work) and/or increase noise levels above existing traffic/background levels be conducted during the active season ?

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

Yes Will any activities that use percussives (not including tree removal/trimming or bridge/ structure work) and/or increase noise levels above existing traffic/background levels be conducted during the inactive season ?

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

Yes Are all project activities that are not associated with habitat removal, tree removal/ trimming, bridge and/or structure activities, temporary or permanent lighting, or use of percussives, limited to actions that DO NOT cause any additional stressors to the bat species?

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

Yes Will the project raise the road profile above the tree canopy?

No Are the project activities that use percussives (not including tree removal/trimming or bridge/structure work) consistent with a Not Likely to Adversely Affect determination in this key?

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

0.5 miles from a hibernacula, and conducted during the active season within undocumented habitat.

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

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

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

[1]

[1]

A00870 - 11

38.

39.

40.

41.

42.

43.

Is the habitat removal portion of this project consistent with a Not Likely to Adversely Affect determination in this key?

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

Is the bridge removal, replacement, or maintenance activities portion of this project consistent with a No Effect determination in this key?

Automatically answered Yes, because the bridge has been assessed using the criteria documented in the BA and no signs of bats were detected General AMM 1 Will the project ensure all operators, employees, and contractors working in areas of known or presumed bat habitat are aware of all FHWA/FRA/FTA (Transportation Agencies) environmental commitments, including all applicable Avoidance and Minimization Measures?

Yes Hibernacula AMM 1 Will the project ensure that on-site personnel will use best management practices , secondary containment measures, or other standard spill prevention and countermeasures to avoid impacts to possible hibernacula?

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

Yes Hibernacula AMM 1 Will the project ensure that, where practicable, a 300 foot buffer will be employed to separate fueling areas and other major containment risk activities from caves, sinkholes, losing streams, and springs in karst topography?

Yes Tree Removal AMM 1 Can all phases/aspects of the project (e.g., temporary work areas, alignments) be modified, to the extent practicable, to avoid tree removal in excess of what is required to implement the project safely?

Note: Tree Removal AMM 1 is a minimization measure, the full implementation of which may not always be practicable. Projects may still be NLAA as long as Tree Removal AMMs 2, 3, and 4 are implemented and LAA as long as Tree Removal AMMs 3, 5, 6, and 7 are implemented.

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

Yes

[1]

[1]

A00870 - 12

44.

45.

46.

1.

2.

3.

4.

5.

6.

Tree Removal AMM 3 Can tree removal be limited to that specified in project plans and ensure that contractors understand clearing limits and how they are marked in the field (e.g., install bright colored flagging/fencing prior to any tree clearing to ensure contractors stay within clearing limits)?

Yes Tree Removal AMM 4 Can the project avoid cutting down/removal of all (1) documented Indiana bat or NLEB roosts (that are still suitable for roosting), (2) trees within 0.25 miles of roosts, and (3) documented foraging habitat any time of year?

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

[2] Documented roosting or foraging habitat – for the purposes of this consultation, we are considering documented habitat as that where Indiana bats and/or NLEB have actually been captured and tracked using (1) radio telemetry to roosts; (2) radio telemetry biangulation/triangulation to estimate foraging areas; or (3) foraging areas with repeated use documented using acoustics. Documented roosting habitat is also considered as suitable summer habitat within 0.25 miles of documented roosts.)

Yes Lighting AMM 1 Will all temporary lighting be directed away from suitable habitat during the active season?

Yes

PROJECT QUESTIONNAIRE

Please describe the proposed bridge work:

Work consists of deck work, superstructure repairs, substructure repairs and retaining wall repairs of the bridge carrying Route 2 over the South Branch of the Hoosic River and Route 8.

Please state the timing of all proposed bridge work:

2025-2028 Please enter the date of the bridge assessment:

August 1, 2024 Have you made a No Effect determination for all other species indicated on the FWS IPaC generated species list?

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

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

[1] [2]

[1]

A00870 - 13

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

0.5

AVOIDANCE AND MINIMIZATION MEASURES (AMMS)

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

HIBERNACULA AMM 1

For projects located within karst areas, on-site personnel will use best management practices, secondary containment measures, or other standard spill prevention and countermeasures to avoid impacts to possible hibernacula. Where practicable, a 300 foot buffer will be employed to separate fueling areas and other major containment risk activities from caves, sinkholes, losing streams, and springs in karst topography.

TREE REMOVAL AMM 1

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

LIGHTING AMM 1

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

TREE REMOVAL AMM 2

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

TREE REMOVAL AMM 3

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

TREE REMOVAL AMM 4

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

GENERAL AMM 1

Ensure all operators, employees, and contractors working in areas of known or presumed bat habitat are aware of all FHWA/FRA/FTA (Transportation Agencies) environmental commitments, including all applicable AMMs.

A00870 - 14

DETERMINATION KEY DESCRIPTION: FHWA, FRA, FTA

PROGRAMMATIC CONSULTATION FOR TRANSPORTATION

PROJECTS AFFECTING NLEB OR INDIANA BAT

This key was last updated in IPaC on October 30, 2023. 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) for the endangered Indiana bat (Myotis sodalis) and the endangered northern long-eared bat (NLEB) (Myotis septentrionalis).

This decision key should only be used to verify project applicability with the Service’s amended February 5, 2018, FHWA, FRA, FTA Programmatic Biological Opinion (dated March 23, 2023) for Transportation Projects. The programmatic biological opinion covers limited transportation activities that may affect either bat species, and addresses situations that are both likely and not likely to adversely affect either bat species. This decision key will assist in identifying the effect of a specific project/activity and applicability of the programmatic consultation. The programmatic biological opinion is not intended to cover all types of transportation actions.

Activities outside the scope of the programmatic biological opinion, or that may affect ESA-listed species other than the Indiana bat or NLEB, or any designated critical habitat, may require additional ESA Section 7 consultation.

Proposal No. 612505-134592

A00870 - 15 https://www.fws.gov/program/endangered-species/bat-consultation-conservation-strategy https://www.fws.gov/program/endangered-species/bat-consultation-conservation-strategy https://www.fws.gov/program/endangered-species/bat-consultation-conservation-strategy

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

A00870 - 16