A00871-614243.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 614243-135969

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DOCUMENT A00871

UNITED STATES DEPARTMENT OF THE INTERIOR

FISH AND WILDLIFE SERVICE

(USFWS)

NLAA Concurrence Verification Letter

Massachusetts Department Of Transportation Highway Division

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06/18/2026 14:49:10 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: 2026-0105234 Project Name: 614243 - DISTRICT 5- VRU CROSSWALK INSTALLATION AT STATE

SIGNALS AT MULTIPLE LOCATIONS

Subject: Not Likely to Adversely Affect Concurrence verification letter for the '614243 -

DISTRICT 5- VRU CROSSWALK INSTALLATION AT STATE SIGNALS AT

MULTIPLE LOCATIONS' project under the December 13, 2024, FHWA, FRA, FTA Programmatic Biological Opinion for Transportation Projects within the Range of the Indiana Bat, Northern Long-eared Bat, and Tricolored Bat.

To whom it may concern:

This letter records the determination of effects to federally listed (or proposed) bat species anticipated to result from the 614243 - DISTRICT 5- VRU CROSSWALK INSTALLATION AT STATE SIGNALS AT MULTIPLE LOCATIONS (the Project). This determination is based upon information you entered into the assisted determination key (Dkey) associated with the above referenced Programmatic Biological Opinion/Conference Opinion (PBO/PCO) in the U.S. Fish and Wildlife Service’s (Service) Information for Planning and Consultation (IPaC) system on the date listed above to verify that the Project may rely on the concurrence provided in the PBO/ PCO to satisfy requirements under section 7(a)(2) of the Endangered Species Act of 1973 (ESA) (16 USC 1536), as amended.

Ensuring Accurate Determinations When Using IPaC:

The Service developed the IPaC system and this Dkey in accordance with the ESA and based on the PBO/PCO. All information submitted by the project proponent into IPaC must accurately represent the full scope and details of the Project.

Failure to accurately represent or implement the Project as detailed in the Dkey invalidates this letter. Answers to certain questions in the Dkey commit the project proponent to implementation of conservation measures that must be followed for the ESA determinations to remain valid. Carefully review this letter, your ESA requirements are NOT yet complete.

Determinations:

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Based on the information you provided (Project Description shown below), you have determined that the Project is within the scope and adheres to the criteria of the PBO/PCO, including the adoption of applicable avoidance and minimization measures. Based on your IPaC submission and the PBO/PCO, the Project is consistent with the following effect determinations:

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

Endangered

NLAA

The tricolored bat is proposed for listing as endangered under the ESA, but not yet listed. For actions that may affect a proposed species, agencies cannot consult, but they can confer under the authority of section 7(a)(4) of the ESA. Such conferences can follow the procedures for a consultation and be adopted as such if the proposed species is listed. Should the tricolored bat be listed, agencies must review projects that are not yet complete, or projects with ongoing effects within the tricolored bat range that previously received a no effect or not likely to adversely affect (NLAA) determination from the key to confirm that the determination is still accurate.

The Service has 14 calendar days to notify the lead Federal action agency or designated non-federal representative if we determine that the Project does not meet the criteria for a NLAA determination under the PBO/PCO. If the Service does not notify the lead Federal action agency or designated non-federal representative within that timeframe, you may proceed with the Project under the terms of the NLAA concurrence provided in the PBO/PCO. This verification period allows Service Field Offices to apply local knowledge to implementation of the PBO, as we may identify a small subset of actions having impacts that were unanticipated. In such instances, Service Field Offices may request additional information that is necessary to verify inclusion of the proposed action under the PBO/PCO.

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

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

If your initial bridge, culvert, or structure assessment failed to detect Indiana bat, northern long-eared bat, or tricolored bat use or occupancy, yet bats are later detected prior to, or during construction, promptly notify the local Service Field Office within 2 working days of the discovery. In addition, please document whether incidental take occurred, and if so, the type (i.e.

kill or harm) and amount (i.e. number of individuals) and submit documentation to the local Service Field Office within 5 working days from the completion of the bridge, culvert, or structure construction (use Appendix E - Post Assessment Discovery of Bats at Bridge/Culvert or Structure Form in the User’s Guide). In these instances, potential incidental take of Indiana bats, northern long-eared bats, or tricolored bats may be exempted provided that the take is reported to

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

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

Monarch butterfly Danaus plexippus Proposed Threatened Sandplain gerardia Agalinis acuta Endangered

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PROJECT DESCRIPTION

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

NAME

614243 - DISTRICT 5- VRU CROSSWALK INSTALLATION AT STATE SIGNALS AT

MULTIPLE LOCATIONS

DESCRIPTION

614243 - DISTRICT 5- VRU CROSSWALK INSTALLATION AT STATE SIGNALS AT

MULTIPLE LOCATIONS

Bus stops were screened by HQ Safety to identify Vulnerable Road Users (VRU) bus stops at State signals. A MassDOT manual desktop review identified signals with missing crosswalks as candidates. These candidates were shared with Districts and Regional Transit Authorities (RTA) for input. Traffic movement counts (TMCs) were conducted in June, before school ended. Howard Stein Hudson completed conceptual sketches and reviewed operational analysis for the top 20 locations throughout the State.

This project will be a multi-year effort with this being the first year. In order to allow for a streamlined process and expedited project delivery, FY26 are candidates where no/minimal Right of Way (ROW) is included in the design, the scope of work requires less reconstruction, and minimal outreach/coordination is required to advance design.

Improvements will include some or all of the following: changes to traffic signal timing, phasing, coordination, detection, addition or reconstruction of curb ramps and crosswalks, providing Accessible Pedestrian Signals (APS) push buttons with countdown pedestrian signal heads, reconstruction of sidewalks connecting signalized intersections with bus stops, restricting right turns on red, and minor geometric changes.

This project involves upgrades at 2 locations for VRUs at or near MassDOT owned signals near bus stops in District 5. The first location is located in Falmouth, at the intersection of North Falmouth Hwy (Route 28A) at County Rd/Nathan Ellis Hwy (Route 151). The second location is located in North Attleborough, at the intersection of South Washington St (Route

1) at Emerald Square Mall North Driveway.

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.

Sandplain Gerardia: After consulting with the Massachusetts Natural Heritage and Endangered Species Program (NHESP), it was determined that there is no data to suggest the presence of habitat and/or individuals at this project location.

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The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@41.646774,-70.61274293393436,14z

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DETERMINATION KEY RESULT

Based on your answers provided, this project(s) may affect, but is not likely to adversely affect the Indiana bat, northern long-eared bat or tricolored bat, therefore, consultation with the U.S.

Fish and Wildlife Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (ESA) (87 Stat. 884, as amended 16 U.S.C. 1531 et seq.) is required. However, also based on your answers provided, this project may rely on the concurrence provided in the Programmatic Biological Opinion/Conference Opinion for Transportation Projects in the Range of the Indiana bat, northern long-eared bat, and tricolored bat, dated December 13, 2024.

QUALIFICATION INTERVIEW

Which Federal Agency is the lead federal agency the action?

A) Federal Highway Administration (FHWA) Does the Action Area intersect the species list area of the Northern long-eared bat?

Automatically answered Yes Does the Action Area intersect the species list area of the tricolored Bat (TCB)?

Automatically answered Yes [Semantic] Is any portion of the action area within a 0.5 mile radius of an entrance/opening to any known NLEB or TCB hibernacula?

Note: The map queried for this question contains proprietary information and cannot be displayed. If you need additional information, please contact the Field Office listed in the letterhead of this letter.

Automatically answered No Does the action area overlap with any state where bats may use talus or anthropogenic or naturally formed rock crevices in rocky outcrops, rock faces or cliffs for hibernation?

Automatically answered Yes Does the action area contain or occur within 0.5 miles of (1) talus or (2) anthropogenic or naturally formed rock crevices in rocky outcrops, rock faces or cliffs?

No Does your project's activities include raising the road profile above the tree canopy in documented habitat for the Indiana bat, NLEB, or TCB?

Note: For the definition of documented habitat, refer to Appendix A: https://www.fws.gov/media/users-guide-range-wide-programmatic-consultation-indiana-bat-and-northern-long-eared-bat

No Is your project located within a karst area?

No

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Will the project include bridge, culvert, or structure removal, replacement, and/or alteration activities?

Note: For definitions of bridge, culvert, and structure, refer to Appendix A: https:// www.fws.gov/media/users-guide-range-wide-programmatic-consultation-indiana-bat-and-northern-long-eared-bat.

No Do your project’s activities involve tree removal/trimming, temporary lighting, new/ additional permanent lighting, ground disturbance, percussives that involves noise/ vibration above existing background levels, vibrations, or slash pile burning?

Yes Is there suitable summer habitat for the Indiana bat, NLEB, or TCB within the project action area?

Note: See the Service's summer survey guidance for current definitions of suitable habitat [https://www.fws.gov/ midwest/endangered/mammals/inba/inbasummersurveyguidance.html].

Yes Have P/A surveys for the Indiana bat, NLEB, or TCB been conducted within the suitable summer habitat located within your project action area? This refers to mist-netting or acoustic surveys, not bridge assessments.

Note: See the Service's survey guidance https://www.fws.gov/midwest/endangered/ mammals/inba/inbasummersurveyguidance.html No Will the project involve the removal or trimming of trees within suitable habitat for the Indiana bat, NLEB, or TCB?

No Does your project include activities involving the temporary or permanent exclusion of Indiana bats, NLEBs, or TCBs from a bridge/culvert or structure that is occupied by a large number of covered bats (>5)?

Note: exclusion is conducted to deny bats' entry or reentry into a bridge/culvert or structure. To be effective and to avoid harming bats, it should be done according to established standards. Coordinate with the local Service Field Office for additional assistance.

No Does your project involve the use of temporary lighting within Indiana bat, NLEB, or TCB suitable habitat?

Note: For the definition of lighting, refer to Appendix A: https://www.fws.gov/media/users-guide-range-wide-programmatic-consultation-indiana-bat-and-northern-long-eared-bat

Yes

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Will the use of temporary lighting be conducted during the Indiana bat, NLEB, or TCB active season?

Note: For the definition of active season, refer to Appendix A: https://www.fws.gov/ media/users-guide-range-wide-programmatic-consultation-indiana-bat-and-northern-long-eared-bat Yes Will temporary lighting be directed away from Indiana bat, NLEB, or TCB suitable habitat)?

Yes Will the project substantially increase baseline light conditions via the use of permanent lighting (replacement or new/additional) in suitable habitat.

No Will your project include percussive activities?

Note: Refer to Stressor #2 Noise/Vibration on page 109 of the PBO/PCO.

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

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

Automatically answered Yes

PROJECT QUESTIONNAIRE

Have you made a No Effect determinations for all other species included on the FWS IPaC generated species list?

No Have you made a May Affect determination for any other species on the FWS IPaC generated list?

Yes

AVOIDANCE AND MINIMIZATION MEASURES (AMMS)

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

GAMM1

Ensure all operators, employees, and contractors working in areas of Indiana bat, NLEB, or TCB suitable habitat are aware of all Transportation Agency environmental commitments, including all applicable AMMs.

LAMM1

Direct temporary lighting away from suitable habitat during the active season

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DETERMINATION KEY DESCRIPTION: FHWA, FRA, FTA

PROGRAMMATIC CONSULTATION FOR TRANSPORTATION

PROJECTS AFFECTING IBAT, NLEB, OR TCB

This key was last updated in IPaC on May 14, 2026. Keys are subject to periodic revision.

This decision key is intended for projects/activities funded or authorized by the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), and/or Federal Transit Administration (FTA), which may require consultation with the U.S. Fish and Wildlife Service (Service) under Section 7 of the Endangered Species Act (ESA) and may affect the federally listed endangered Indiana bat (Myotis sodalis), northern long-eared bat (Myotis septentrionalis), and/or federally proposed endangered tricolored bat (Perimyotis subflavus).

This decision key should only be used to verify project applicability with the Service’s Programmatic Biological Opinion/Conference Opinion for Transportation Projects in the Range of the Indiana bat, northern long-eared bat, and tricolored bat, dated December 13, 2024. The programmatic consultation limited transportation activities that may affect the covered bat species and addresses situations that are both likely and not likely to adversely affect the covered bat species. This decision key will assist in identifying the effect of a specific project/activity and the applicability of the programmatic consultation. The programmatic consultation is not intended to cover all types of transportation actions. Activities outside the scope of the programmatic consultation, or that may affect ESA-listed species other than the Indiana bat, northern long-eared bat, or tricolored bat, or their designated critical habitat, may require additional ESA Section 7 consultation.

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IPAC USER CONTACT INFORMATION

Agency: Massachusetts Department of Transportation Name: 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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