A00871 UNITED STATES DEPARTMENT OF THE INTERIOR NO EFFECT - CONSISTENCY LETTER.pdf
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- Attached to
- 613202 BARNSTABLE FAP No. HIP(BR)-0035(062)X Bridge Preservation, B-01-012 (4AP) and B-01-014 (4AN
- Solicitation number
- BD-25-1030-0H100-0H002-114373
- Issued by
- Barnstable County, Massachusetts
About this file
This document is a "No Effect - Consistency Letter" from the United States Department of the Interior's Fish and Wildlife Service (USFWS) for the Massachusetts Department of Transportation's bridge preservation project. The letter addresses a specific transportation project involving bridge deck replacement for two bridges (B-01-012 and B-01-014) located at Oak Street over Route 6 in Barnstable, Massachusetts. The USFWS has reviewed the project and determined it will have no effect on endangered Indiana bats or northern long-eared bats, thus no further consultation is required under the Endangered Species Act.
The consistency letter provides critical environmental clearance for the bridge preservation project, which is part of a federal-aid transportation initiative. While the project itself involves replacing reinforced concrete decks, the USFWS noted that if the project is modified or new information emerges, additional environmental review might be necessary. The document also lists other potentially occurring species in the project area, including American Chaffseed, Monarch Butterfly, Sandplain Gerardia, and Tricolored Bat, though these are not covered by the current determination. The letter serves as an important regulatory document ensuring environmental compliance for the transportation infrastructure project.
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Text version
Massachusetts Department Of Transportation Highway Division Proposal No. 613202-129788
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DOCUMENT A00871
UNITED STATES DEPARTMENT OF THE INTERIOR
FISH AND WILDLIFE SERVICE
(USFWS)
No Effect - Consistency letter Letter
Massachusetts Department Of Transportation Highway Division
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10/16/2024 14:45:26 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: 2025-0006270 Project Name: 613202 - BARNSTABLE- BRIDGE PRESERVATION, B-01-012 (4AP) AND
B-01-014 (4AN), OAK STREET OVER ROUTE 6
Subject: Consistency letter for the '613202 - BARNSTABLE- BRIDGE PRESERVATION, B-01-012 (4AP) AND B-01-014 (4AN), OAK STREET OVER ROUTE 6' 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 October 16, 2024 to verify that the 613202 - BARNSTABLE- BRIDGE PRESERVATION, B-01-012 (4AP) AND B-01-014 (4AN), OAK STREET OVER ROUTE 6 (Proposed Action) may rely on the amended February 5, 2018, FHWA, FRA, FTA Programmatic Biological Opinion 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 will have no effect on the endangered Indiana bat (Myotis sodalis) or the endangered northern long-eared bat (Myotis septentrionalis). If the Proposed Action is not modified, no consultation is required for these two species. 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 assessment failed to detect Indiana bats and/or NLEBs use or occupancy, yet 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
A00871 - 3 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 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 advise the lead Federal action agency accordingly.
The following species may occur in your project area and are not covered by this determination:
American Chaffseed Schwalbea americana Endangered Monarch Butterfly Danaus plexippus Candidate Sandplain Gerardia Agalinis acuta Endangered Tricolored Bat Perimyotis subflavus Proposed 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
613202 - BARNSTABLE- BRIDGE PRESERVATION, B-01-012 (4AP) AND B-01-014
(4AN), OAK STREET OVER ROUTE 6
DESCRIPTION
613202 - BARNSTABLE- BRIDGE PRESERVATION, B-01-012 (4AP) AND B-01-014
(4AN), OAK STREET OVER ROUTE 6 (MID-CAPE HIGHWAY)
This is primarily a deck replacement project. Proposed scope aims to replace reinforced concrete deck with new reinforced concrete deck.
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.
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The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@41.6843657,-70.35359679999999,14z
Proposal No. 613202-129788
A00871 - 6 https://www.google.com/maps/@41.6843657,-70.35359679999999,14z https://www.google.com/maps/@41.6843657,-70.35359679999999,14z
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DETERMINATION KEY RESULT
Based on the information you provided, you have determined that the Proposed Action will have no effect on the endangered Indiana bat and/or the endangered northern long-eared bat.
Therefore, no 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 for these two species.
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 [Semantic] Does your proposed action intersect an area where Indiana bats and northern long-eared bats are not likely to occur?
Automatically answered Yes
[1]
[1]
Proposal No. 613202-129788
A00871 - 7 https://ecos.fws.gov/ecp/species/5949 https://ecos.fws.gov/ecp/species/9045
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. 613202-129788
A00871 - 8 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: Emily Puglisi Address: 10 Park Plaza City: Boston State: MA Zip: 02116 Email emily.a.puglisi@dot.state.ma.us Phone: 6178964454
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Federal Highway Administration
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