Appendix A - Permits 20260625.pdf

LindgrenS Text Box Appendix A Permits

Generated by eNDDB on:

1/29/2026

Samuel Lindgren

CT DEEP

163 Great Hill Rd Portland, CT 06480 sam.lindgren@ct.gov

Subject: Thomaston Cold Storage Building Filing # 140582 NDDB – New Determination Number: 202601086

422 WATERTOWN RD

THOMASTON

Expiration Date: 1/29/2028

Current data maintained by the Natural Diversity Database (NDDB) and housed in the DEEP ezFile portal, indicates that populations of the following State Endangered, Threatened, or Special Concern species (RCA Sec. 26-306) have been documented within the project area or in close proximity to the proposed Building and Infrastructure Development (including stormwater discharge associate with construction)/New Commercial, Industrial, Governmental, Thomaston Cold Storage Building.

Northern long-eared bat (Myotis septentrionalis) Spotted turtle (Clemmys guttata) Wood turtle (Glyptemys insculpta)

In accordance with the project information provided in your request submittal, implementation of the following Best Management Practices will avoid negative impacts to listed species.

Common Name Northern long-eared bat

Scientific Name Myotis septentrionalis

Taxa mammal

Status1 FE

General Ecology The Northern long-eared bat is one of the species most impacted by White Nose Syndrome.

Populations in Connecticut have declined by over 90%, and it has been Federally listed as Endangered. During the summer northern long-eared bats roost singly or in maternal colonies underneath bark, in cavities or in crevices of both live trees and snags (dead trees). Males and non-reproductive females may also roost in cooler places, like caves and mines. Northern long-eared bats seem to be flexible in selecting roosts, choosing roost trees based on suitability to retain bark or provide cavities or crevices. This bat has also been found rarely roosting in structures, like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. The presence of northern long-eared bat (Myotis septentrionalis), a federally endangered and state endangered species, may require consultation with the US Fish and Wildlife Service Ecological Field Office in order to be in compliance with the Federal Endangered Species Act if the proposed project requires federal permits or uses federal funds. For more information on federal requirements as well as guidance on the latest management recommendations including development projects, wind energy development, sustainable forest management, and other tools and FAQs, please visit:

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

Best Management Practice

If your project includes tree clearing in suitable habitat, to avoid impacts to federally listed breeding bats, including pregnant females, non-volant pups, and sensitive pre and post hibernation times:

• Do not conduct tree clearing between April 15- October 31

This Time of Year Restriction (TOYR) is very effective to minimize risk, however, NDDB will defer to the latest federal guidance for your project specifics. You can evaluate your project using the USFWS Determination Key (D-Key). If your project is classified as “No Effect,” “Not Likely to Adversely Affect” (NLAA) or “take is not reasonably certain to occur” you can reduce or remove this TOYR as you indicated in your D-Key evaluation.

• Information about the D-Key: Northern long-eared bat and Tricolored bat Range-wide Determination Key - Supplementary Information | U.S. Fish & Wildlife

Service

• To evaluate your project using the D-Key use the USFWS Information for Planning and Consultation (IPAC) website: https://ipac.ecosphere.fws.gov/

You can also reduce or remove the TOYR if you demonstrate absence of bats in your project work area. Bat surveys conducted according to the latest USFWS Guidance may be submitted to NDDB to demonstrate absence. See the following reference:

• U.S. Fish and Wildlife Service (FWS). 2024. Range-wide Indiana bat & northern long-eared bat survey guidelines.

<https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines>.

There is a documented breeding season record within 3 miles or a known hibernaculum within 5 miles of your project boundaries as entered in your project application.

Common Name Spotted turtle

Scientific Name Clemmys guttata

Taxa reptile

Status1 SC

General Ecology Individuals of this species are associated with wetlands and vernal pools. Over the course of a season and lifetime, individuals will travel large distances (up to 1km) over upland forest and fields between multiple wetlands. They overwinter burrowed into the mud in wetlands between Nov 1- March 15. They do not begin to reproduce until 7-10 years old and adults can live at least 30 years. This species is threatened most by any activities that reduce adult survivorship including road kills, commercial and casual collection, increased predation in areas around commercial and residential development, mortality and injury from agricultural equipment or other mechanical equipment.

Best Management Practice

Female turtles looking for nesting habitat are frequently killed by vehicles when crossing roads. These turtles of reproductive age are the most valuable individuals in the population to maintain population persistence. Highways with high traffic are impenetrable barriers that isolate populations

• Culverts/Crossings: Should be avoided. When necessary it is critical that the culvert or bridge allow turtles to pass underneath (i.e. it is not perched) and the road surface and side slope will not mimic sandy nesting areas for females.

• High traffic road surfaces and high traffic facilities (>100 vehicle/lane/day, 5-10 cars per hour) should use curbs and fencing to deflect animals off into wildlife underpasses or around high traffic areas.

• Low traffic road surfaces should (rate) should use Cape Cod-style curbing or no curb alternatives to allow animals to cross road unimpeded.

• Cluster development to reduce the amount of roadway needed and place housing as far from high use areas as possible.

• Do not use road surfaces and side slopes that will mimic sandy nesting areas for females.

Work with biologists to plan your development to protect (buffer) and connect critical habitat. Presence of bird seed, pet food, and garbage in and around residential areas can increase the threat of predators. Predation activity from species like raccoons and skunks can destroy the majority of this species reproductive output each year.

Land disturbance activities need to consider local habitat features and apply fencing and/or time of year restrictions as appropriate. We recommend you consult with a herpetologist familiar with preferred habitats to assist you with proper techniques to ensure the best protection strategies are employed for your site and the scope of your project.

• Land disturbance and excavation confined to the upland can be done without risk for impact if work is restricted to the dormant season (November 1- March 15).

If land disturbance activity will include significant areas within and around wetlands, you will need to take precautions to avoid impacting hibernating adults. Consult with a qualified herpetologist to assess your work impact zone for the potential to impact overwintering spotted turtle.

• Do not conduct land disturbance activities that will impact suitable overwintering wetland habitat during the turtle’s dormant period (November 1- March 15).

To prevent turtle access and entry into your upland work zone between March 16-October 31:

• Exclusionary practices will be required to prevent any turtle access into construction areas. These measures will need to be installed at the limits of disturbance as shown on the plans, or be specifically designated by a qualified herpetologist.

• Exclusionary fencing be at least 20 inches tall and must be secured to and remain in contact with the ground and be regularly maintained (at least bi-weekly and after major weather events) to secure any gaps or openings at ground level that may let animal pass through.

• Prior to construction, all turtles occurring within fencing work area will be relocated to suitable habitat outside disturbance area. This should be performed by a qualified professional familiar with habitat requirements and behavior of the species.

• The Contractor must search the work area each morning prior to any work being done.

• All construction personnel working within the turtle habitat must be apprised of the species description and the possible presence of a listed species.

• Any turtles encountered within the immediate work area shall be carefully moved to an adjacent area outside of the excluded area and fencing should be inspected to identify and remove access point. These animals are protected by law and no turtles should be relocated from the site.

• In areas where silt fence is used for exclusion, it shall be removed as soon as the area is stable to allow for reptile and amphibian passage to resume.

• Special precautions must be taken to avoid degradation of wetland habitats including any wet meadows and seasonal vernal pools.

If land disturbance will occur in potential nesting areas designated by a qualified herpetologist, you will need to take precautions to prevent female turtles from entering work area and setting up nests. This fencing would need to be in place before May 15. Potential nesting areas may include open fields, early successional habitat, sandy open patches nearby wetland features, and sandy roads and roadsides.

Common Name Wood turtle

Scientific Name Glyptemys insculpta

Taxa reptile

Status1 SC

General Ecology Individuals of this species are riverine and riparian obligates, overwintering and mating in clear, cold, primarily sand-gravel and rock bottomed streams and foraging in riparian zones, fields and upland forests during the late spring and summer. They hibernate in the banks of the river in submerged tree roots between November 1 and March 31. Their summer habitat focuses within 90m (300ft of rivers) and they regularly travel 300m (0.2 mile) from rivers during this time. During summer they seek out early successional habitat: pastures, old fields, woodlands, powerline cuts and railroad beds bordering or adjacent to streams and rivers.

Their habitat in Connecticut is already severely threatened by fragmentation of riverine, instream, riparian, and upland habitats, but is exacerbated by heavy adult mortality from machinery, cars, and collection. This is compounded by the species late maturity, low reproductive potential, and high nest and hatchling depredation rates.

Best Management Practice

Female turtles looking for nesting habitat are frequently killed by vehicles when crossing roads. These turtles of reproductive age are the most valuable individuals in the population to maintain population persistence. Highways with high traffic are impenetrable barriers that isolate populations

• Culverts/Crossings: Should be avoided. When necessary it is critical that the culvert or bridge allow turtles to pass underneath (i.e. it is not perched) and the road surface and side slope will not mimic sandy nesting areas for females.

• High traffic road surfaces and high traffic facilities (>100 vehicle/lane/day, 5-10 cars per hour) should use curbs and fencing to deflect animals off into wildlife underpasses or around high traffic areas.

• Low traffic road surfaces should (rate) should use Cape Cod-style curbing or no curb alternatives to allow animals to cross road unimpeded.

• Cluster development to reduce the amount of roadway needed and place housing as far from high use areas as possible.

• Do not use road surfaces and side slopes that will mimic sandy nesting areas for females.

Work with biologists to plan your development to protect (buffer) and connect critical habitat. Presence of bird seed, pet food, and garbage in and around residential areas can increase the threat of predators. Predation activity from species like raccoons and skunks can destroy the majority of this species reproductive output each year.

Recreational activities may increase incidental collection and impact nesting behavior, which both contribute to local turtle population decline. Most often turtles collected are adult females traveling to and from nesting. These turtles of reproductive age are the most valuable individuals in the population to maintain population persistence. Due to slow maturity and low reproductive success, even infrequent collection poses a long-term conservation problem.

• To avoid collection by the public, do not post signs alerting the public to the presence of this species.

• Litter from recreation can pose a choking hazard. Ensure there is a plan for how garbage will be managed.

• Work with biologists to plan your recreational area so that it minimizes the effect on this species.

This species hibernates in the banks of streams and some nests are vulnerable to flooding.

• Do not dewater streams during dormant period (November 1- April 1).

• Do not alter stream volume, depth or water flow rates (i.e. there should be no sudden large water released into local streams as a temporary or permanent result of your project)

• Do not alter water quality conditions of sandy streams including turbidity, temperature, and substrate.

Any fragmentation of habitat within 300m (0.2mile) of occupied streams has been demonstrated to reduce wood turtle survival through crushing of turtles under cars or mowers, collection of turtles by public, introduced predators (raccoons, skunks, chipmunks etc) that increase with housing development. New development, increased traffic, new agricultural practice that will use motorized vehicles, new or enhance recreational trails, or other removal or fragmentation of habitat within 90m buffer of occupied streams will cause increased adult mortality.

• Where possible do not increase recreational traffic through important stream and 90m buffer habitat.

Land disturbance activities need to consider local habitat features and apply fencing and/or time of year restrictions as appropriate. We recommend you consult with a herpetologist familiar with preferred habitats to assist you with proper techniques to ensure the best protection strategies are employed for your site and the scope of your project.

• Land disturbance and excavation confined to the upland can be done without risk for impact to wood turtle if work is restricted to the dormant season (November 1-

March 31).

If land disturbance activity will include significant areas within and around rivers and streams, you will need to take precautions to avoid impacting hibernating adults.

Consult with a qualified herpetologist to assess your work impact zone for the potential to impact overwintering wood turtle.

• Do not begin instream activity and bank disturbance in suitable overwintering habitat within a river or stream during the turtle’s dormant period (November 1-

March 31).

To prevent turtle access and entry into your upland work zone between April 1- October 31:

• Exclusionary practices will be required to prevent any turtle access into construction areas. These measures will need to be installed at the limits of disturbance as shown on the plans, or be specifically designated by a qualified herpetologist.

• Exclusionary fencing be at least 20 inches tall and must be secured to and remain in contact with the ground and be regularly maintained (at least bi-weekly and after major weather events) to secure any gaps or openings at ground level that may let animal pass through.

• Prior to construction, all turtles occurring within fencing work area will be relocated to suitable habitat outside disturbance area. This should be performed by a qualified professional familiar with habitat requirements and behavior of the species.

• The Contractor must search the work area each morning prior to any work being done.

• All construction personnel working within the turtle habitat must be apprised of the species description and the possible presence of a listed species.

• Any turtles encountered within the immediate work area shall be carefully moved to an adjacent area outside of the excluded area and fencing should be inspected to identify and remove access point. These animals are protected by law and no turtles should be relocated from the site.

• In areas where silt fence is used for exclusion, it shall be removed as soon as the area is stable to allow for reptile and amphibian passage to resume.

• Special precautions must be taken to avoid degradation of wetland habitats including any wet meadows and seasonal pools.

If land disturbance will occur in potential nesting areas designated by a qualified herpetologist, you will need to take precautions to prevent female turtles from entering work area and setting up nests. This fencing would need to be in place before May 15. Potential nesting areas may include open fields, early successional habitat, sandy open patches nearby wetland features, and sandy roads and roadsides.

1E = State Endangered, T = State Threatened, SC = State Special Concern, FE = Federally Endangered, FT = Federally Threatened, NA = Not applicable.

Your submission information indicates that your project requires a state permit, license, registration, or authorization, or utilizes state funding or involves state agency action. This NDDB – New determination may be utilized to fulfill the Endangered and Threatened Species requirements for state-issued permit applications, licenses, registration submissions, and authorizations.

Please be aware of the following limitations and conditions:

Natural Diversity Database information includes all information regarding listed species available to us at the time of the request. This information is a compilation of data collected over the years by the Department of Energy and Environmental Protection’s Natural History Survey and cooperating units of DEEP, land owners, private conservation groups and the scientific community. This information is not necessarily the result of comprehensive or site-specific field investigations. Current research projects and new contributors continue to identify additional populations of species and locations of habitats of concern, as well as enhance existing data. Such new information is incorporated into the Database and accessed through the ezFile portal as it becomes available. New information may result in additional review, and new or modified restrictions or conditions may be necessary to remain in compliance with certain state permits.

• Each state agency is required to conserve endangered and threatened species and their essential habitats, and ensure that any action authorized, funded or performed by such agency does not threaten the continued existence of any endangered or threatened species or result in the destruction or adverse modification of habitat designated as essential to such species (CGS 26-310). Therefore, the restrictions and conditions outlined above for Endangered and Threatened species MUST be implemented and abided by in order to utilize this NDDB – New Determination in securing any state permit, license, authorization, or registration or for any actions performed or funded by state agencies.

• During your work listed species may be encountered on site. A report must be submitted by the observer to the Natural Diversity Database promptly and additional review and restrictions or conditions may be necessary to remain in compliance with certain state permits. Please fill out the appropriate survey form and follow the instructions for submittal.

• Your project involves the state permit application process or other state involvement, including state funding or state agency actions; please note that consultations with your permit analyst or the agency may result in additional requirements. In this situation, additional evaluation of the proposal by the DEEP Wildlife Division may be necessary and additional information, including but not limited to species-specific site surveys, may be required. Any additional review may result in specific restrictions or conditions relating to listed species that may be found at or in the vicinity of the site.

• If your project involves preparing an Environmental Impact Assessment, this NDDB consultation and determination should not be substituted for conducting biological field surveys assessing on-site habitat and species presence.

• This determination applies only to the project as described in the submission and summarized at the end of this letter. Please re-submit an updated Request for Review if the project’s scope of work and/or timeframe changes, including if work has not begun by 1/29/2028.

• If biological surveys have been conducted in accordance with Best Management Practices provided, please forward a copy of the results to the address listed at the end of this letter. Include the Project Name and Determination Number on all correspondence.

The NDDB – New determination for the Thomaston Cold Storage Building at 422 WATERTOWN RD, THOMASTON, as described in the submitted information and summarized at the end of this document is valid until 1/29/2028.This determination applies only to the project as described in the submission and summarized at the end of this letter. Please re-submit an updated Request for Review if the project’s scope of work and/or timeframe changes, including if work has not begun by 1/29/2028.

This letter is computer generated and carries no signature. If however, any clarification is needed, or, if you have further questions, please contact the following:

CT DEEP Bureau of Natural Resources Wildlife Division

Natural Diversity Database 79 Elm Street, 6th floor

Hartford, CT 06106-5127

(860) 424-3011 deep.nddbrequest@ct.gov

Please reference the NDDB – New number provided in this letter when you e-mail or write. Thank you for submitting your project through DEEP’s ezFile portal for Natural Diversity Database reviews.

Application Details:

Project involves federal funds or federal permit: No

Project involves state funds, state agency action, or relates to CEPA request:

Yes

Project requires state permit, license, registration, or authorization:

Yes

DEEP enforcement action related to project:

Project Type: Building and Infrastructure Development (including stormwater discharge associate with construction)

Project Sub-type: New Commercial, Industrial, Governmental

Project Name: Thomaston Cold Storage Building

Project Description: