A00871-605323.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 605323-136790

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DOCUMENT A00871

United States Department of the Interior Fish and Wildlife Service

Endangered Species List

Massachusetts Department Of Transportation Highway Division Proposal No. 605323-136790

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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: 2026-0064954 Project Name: 605323 OXFORD- BRIDGE REPLACEMENT, O-06-030, (ST 56) LEICESTER

ROAD OVER THE FRENCH RIVER

Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project

To Whom It May Concern:

Updated 4/12/2023 - Please review this letter each time you request an Official Species List, we will continue to update it with additional information and links to websites may change.

About Official Species Lists

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Federal and non-Federal project proponents have responsibilities under the Act to consider effects on listed species.

The enclosed species list identifies threatened, endangered, proposed, and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested by returning to an existing project’s page in IPaC.

Endangered Species Act Project Review

Please visit the “New England Field Office Endangered Species Project Review and

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Consultation” website for step-by-step instructions on how to consider effects on listed species and prepare and submit a project review package if necessary:

https://www.fws.gov/office/new-england-ecological-services/endangered-species-project-review

*NOTE* Please do not use the Consultation Package Builder tool in IPaC except in specific situations following coordination with our office. Please follow the project review guidance on our website instead and reference your Project Code in all correspondence.

Northern Long-eared Bat - (Updated 4/12/2023) The Service published a final rule to reclassify the northern long-eared bat (NLEB) as endangered on November 30, 2022. The final rule went into effect on March 31, 2023. You may utilize the Northern Long-eared Bat Rangewide Determination Key available in IPaC. More information about this Determination Key and the Interim Consultation Framework are available on the northern long-eared bat species page:

https://www.fws.gov/species/northern-long-eared-bat-myotis-septentrionalis

For projects that previously utilized the 4(d) Determination Key, the change in the species’ status may trigger the need to re-initiate consultation for any actions that are not completed and for which the Federal action agency retains discretion once the new listing determination becomes effective. If your project was not completed by March 31, 2023, and may result in incidental take of NLEB, please reach out to our office at newengland@fws.gov to see if reinitiation is necessary.

Additional Info About Section 7 of the Act Under section 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to determine whether projects may affect threatened and endangered species and/or designated critical habitat. If a Federal agency, or its non-Federal representative, determines that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402.

In addition, the Federal agency also may need to consider proposed species and proposed critical habitat in the consultation. 50 CFR 402.14(c)(1) specifies the information required for consultation under the Act regardless of the format of the evaluation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at:

https://www.fws.gov/service/section-7-consultations

In addition to consultation requirements under Section 7(a)(2) of the ESA, please note that under sections 7(a)(1) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species. Please contact NEFO if you would like more information.

Candidate species that appear on the enclosed species list have no current protections under the

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ESA. The species’ occurrence on an official species list does not convey a requirement to consider impacts to this species as you would a proposed, threatened, or endangered species. The ESA does not provide for interagency consultations on candidate species under section 7, however, the Service recommends that all project proponents incorporate measures into projects to benefit candidate species and their habitats wherever possible.

Migratory Birds

In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-related impacts. Any activity resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec.

10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see:

https://www.fws.gov/program/migratory-bird-permit https://www.fws.gov/library/collections/bald-and-golden-eagle-management

Please feel free to contact us at newengland@fws.gov with your Project Code in the subject line if you need more information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat.

Attachment(s): Official Species List

Attachment(s):

Official Species List

OFFICIAL SPECIES LIST

This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

New England Ecological Services Field Office 70 Commercial Street, Suite 300 Concord, NH 3301-5094

(603) 223-2541

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PROJECT SUMMARY

Project Code: 2026-0064954 Project Name: 605323 OXFORD- BRIDGE REPLACEMENT, O-06-030, (ST 56)

LEICESTER ROAD OVER THE FRENCH RIVER

Project Type: Bridge - Replacement Project Description: 605323 OXFORD- BRIDGE REPLACEMENT, O-06-030, (ST 56)

LEICESTER ROAD OVER THE FRENCH RIVER

The Massachusetts Department of Transportation, Highway Division (MassDOT Highway) proposes to replace the existing Bridge O-06-030 superstructure, which carries Leicester Road (Rt 56) over the French River in Oxford. This section of Leicester Road and Bridge O-06-030 were constructed in 1964. The 0.10-mile project area is located just north of the Mill Street/Comins Road intersection. The existing bridge contains one travel lane in each direction and a southbound left-turn lane.

Improvements will include a new bridge superstructure matching the existing roadway template and comprised of steel beams and precast concrete deck with a hot mix asphalt overlay. The existing bridge substructure including abutments and wingwalls will be maintained. In addition, the project includes full depth reconstruction and milling and overlay of the approach pavement. Existing roadway drainage features will be adjusted/replaced. Overhead and underground utilities will be temporarily relocated during construction. No additional Right-of-Way is required to accommodate the project work.

Monarch Butterfly: 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.

Project Location:

The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@42.18912475,-71.89784325,14z

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Counties: Worcester County, Massachusetts

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1.

ENDANGERED SPECIES ACT SPECIES

There is a total of 1 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

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INSECTS

NAME STATUS

Monarch Butterfly Danaus plexippus There is proposed critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/9743

Proposed Threatened

CRITICAL HABITATS

THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S

JURISDICTION.

YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL

ABOVE LISTED SPECIES.

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IPAC USER CONTACT INFORMATION

Agency: Massachusetts Department of Transportation Name: Trevor Burns Address: 10 Park Plaza City: Boston State: MA Zip: 02116 Email trevor.b.burns@dot.state.ma.us Phone: 8573010759

LEAD AGENCY CONTACT INFORMATION

Lead Agency: Federal Highway Administration

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