Atch 25 - Appendix C-D Specs on TOC.pdf

EHRM Infrastructure Upgrades – Tomah, WI 100% CD Submittal

Tomah VA Medical Center 02/11/2022

VA Contract #36C77621C0061

SES Project 21006.001 27 05 11 - 1

APPENDIX C

NEPA Categorical Exclusion (CATEX)

National Environmental Protection Act Department of Veterans Affairs Tomah VA Medical Center

Categorical Exclusion

Instructions: Complete this CATEX form at the planning stage. If there are significant changes in scope during project design, revise this form as needed and re-send for signature.

Project Name: _______________________________________________________

COR: ______________________________________________________________

Review Date: __4/15/22____________

In accordance with 38 CFR Part 26.6 (b) the below criteria is used to determine if the about referenced project is exempt from an Environmental Assessment (EA) and an Environmental Impact Statement (EIS).

This project does not require an EIS or an EA because it meets one of the following classes of action: (Select one)

1) Repair, replacement, and new installation of primary or secondary electrical distribution systems;

2) Repair, replacement, and new installation of components such as windows, doors, roofs; and site elements such as sidewalks, patios, fences, retaining walls, curbs, water distribution lines, and sewer lines which involve work totally within Tomah/ VA property boundaries;

3) Routine Tomah/VA grounds and facility maintenance activities;

4) Procurement activities for goods and services for routing facility operations maintenance and support;

5) Interior construction or renovation;

6) New construction of 75,000 gross square feet or less;

7) Development of 20 acres of land or less within an existing cemetery, or development on acquired land of five acres or less;

8) Actions which involve support or ancillary appurtenances for normal operation;

Robert Pidgeon

EHRM Infrastructure Upgrades to Tomah VA Medical Center

9) Leases, licenses, permits, and easements;

10) Reduction in force resulting from workload adjustments, reduced personnel or funding levels, skill imbalances or other similar causes;

11) Tomah/VA policies, actions and studies which do not significantly affect the quality of the human environment;

12) Preparation of regulations, directives, manuals or other guidance that implement, but do not substantially change, the regulations, directives, manuals, or other guidance of higher organizational levels or another Federal agency; and

13) Actions, activities, or programs that do not require expenditure of Federal funds.

AND

This project does not require either an EIS or an EA because it meets specific criteria for typical classes of action which normally do not:

1) Minimal or no effect on the environment;

2) No significant change to existing environmental conditions;

3) No significant cumulative environmental impact; and

4) Similarity to Actions previously assessed with a finding of no significant impact.

THE NOTED PROJECT MEETS CATEGORICAL EXCLUSIONS ABOVE

YES NO

If this project does not meet the above specified criteria, an Environmental Assessment must be done.

Chief Engineer Final Review Date

GEMS Program Manager Final Review Date

*Additonal category that applies to Proposed Action is CATEX #5 Interior construction or renovation.

VA NEPA Advanced CATEX Form

Project: EHRM Infrastructure Upgrades Location:

Tomah VAMC 500 E Veterans Street, Tomah, Wisconsin

Date:

12/16/2021

Project #: 676-21-700

Type of Project:

Operation and Maintenance Activities

Repairs/Renovation Project

New Construction Project

Lease

Other______________________________

Project Description:

Tomah campus electrical and IT infrastrature ugrades in 26 buildings to support the EHRM system. IT rooms will be expanded/relocated. New fiber optic lines will be installed between the buildings throughout the campus.

Level of NEPA Analysis:

Categorical Exclusion (CATEX)

Environmental Assessment Needed (EA)

Environmental Impact Statement Needed (EIS)

Other Environmental Permits/Analysis Needed:

Would the proposed activity involve or generate any of the following?

Source Yes No Source Yes No Source Yes No

Air Emissions Including GHG’s Liquid Effluent

RCRA or CERCLA Sites

Asbestos Petroleum Storage Wetlands

Excess Noise Solid Waste Permit Modification

Utility Modification

Hazardous Waste

Chemical Use/Storage

Soil Disturbances Biological Resources Aesthetics

Water Treatment

Radioactive Waste

Water/Well Use

Water Flow Modification Mixed Waste

Other: Historic Properies/District

DETERMINATION

I find the proposed project qualifies as a CATEGORICAL EXCLUSION with no extraordinary circumstances. Specify which CATEX:___# 2 and # 5_______________________________________

I find that the proposed project MAY have a significant effect on the environment; therefore, an ENVIRONMENTAL ASSESSMENT will be prepared.

EIS

X Project Engineer

X GEMS Coordinator

VA Categorical Exclusion List

Found in 38 CFR Part 26.6(b)(1)

1. Repair, replacement, and new installation of primary or secondary electrical distribution systems;

2. Repair, replacement, and new installation of components such as windows, doors, roofs; and site elements such as sidewalks, patios, fences, retaining walls, curbs, water distribution lines, and sewer lines which involve work totally within VA property boundaries.;

3. Routine VA grounds and facility maintenance activities;

4. Procurement activities for goods and services for routing facility operations maintenance and support;

5. Interior construction or renovation;

6. New construction of 75,000 gross square feet or less;

7. Development of 20 acres of land or less within an existing cemetery, or development on acquired land of five acres or less;

8. Actions which involve support or ancillary appurtenances for normal operation;

9. Leases, licenses, permits, and easements;

10. Reduction in force resulting from workload adjustments, reduced personnel or funding levels, skill imbalances or other similar causes;

11. VA policies, actions and studies which do not significantly affect the quality of the human environment;

12. Preparation of regulations, directives, manuals or other guidance that implement, but do not substantially change, the regulations, directives, manuals, or other guidance of higher organizational levels or another Federal agency; and

13. Actions, activities, or programs that do not require expenditure of Federal funds.

Extraordinary Circumstances List

Found in 38 CFR Part 26.6(b)(1)

1. Greater scope or size than normally experienced for a particular categorical exclusion

2. Actions in highly populated or congested areas

3. Potential for degradation, although slight, or existing poor environmental conditions

4. Use of unproven technology

5. Potential presence of an endangered species, archeological remains, or other protected resources

6. Potential presence of hazardous or toxic substances

Tomah VA Medical Center 12/23/2021

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December 16, 2021

Project Name: EHRM Infrastructure Upgrades

Location: Tomah VA Medical Center, 500 East Veterans Street, Tomah, Wisconsin

Level of NEPA Analysis: Categorical Exclusion (CATEX)

The Department of Veterans Affairs (VA) contracted Specialized Engineering Solutions (SES) to complete the construction design for the planned electronic health record modernization (EHRM) infrastructure project at the Tomah VA Medical Center (VAMC) campus. TTL Associates, Inc. was retained by SES to assist VA in the preparation of the National Environmental Policy Act (NEPA) analysis for the project. The VA Office of Construction & Facilities Management Environmental Program

Office Advanced Categorical Exclusion (CATEX) form was completed for the project. This document provides supporting information, documentation, and analysis for the completion of the CATEX form and

VA’s determination that the Proposed Action is very unlikely to individually or cumulatively have a significant impact on the environment.

Proposed Action

VA is developing a commercial EHRM system to serve as a single source of health information for all veterans and active-duty military personnel. VA’s Proposed Action is the installation of the infrastructure upgrades at the Tomah VAMC to support the new EHRM system. Twenty-six buildings throughout the

Tomah VAMC campus (Buildings 23, 25, 32, 36, 40, 52, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 415, 416, 423, 424, 425, 452, and 455) will be included in the infrastructure upgrades.

The upgrades will include:

• Installation of a new fiber optic lines between the project buildings.

• Installation of new, expanded, or relocated IT closets and panels in the buildings.

• Upgrading/installation of new fiber optic cabling in the buildings.

• Upgrading/installation of new electrical systems within the buildings.

• Interior building renovation in support of the upgrades, expansions, and installations.

The proposed EHRM infrastructure upgrades will occur entirely within the Tomah VAMC campus.

VA Categorical Exclusion Category

The Proposed Action qualifies for a CATEX under the following 38 CFR Part 26.6(b)(1) VA categorical exclusions:

Primary - (Category 2) Repair, replacement, and new installation of components such as windows, doors, roofs; and site elements such as sidewalks, patios, fences, retaining walls, curbs, water distribution lines, and sewer lines which involve work totally within VA property boundaries.

Secondary - (Category 5) Interior construction or renovation.

Project Impacts

The Proposed Action was evaluated to determine if the project will involve or generate environmental impacts to the 21 listed items on the Advanced CATEX form. The Proposed Action will not involve or generate impacts to the following: water treatment, water flow modification, liquid effluent, hazardous waste, radioactive waste, mixed waste, RCRA or CERCLA sites, wetlands, permit modification, Page | 2 chemicals use/storage, aesthetics, and water/well use. Therefore, these twelve resources will not be discussed further in this document.

The Proposed Action may involve or generate impacts include air emissions, asbestos, excess noise, utility modification, soil disturbance, petroleum storage, solid waste, biological resources, and other

(historic properties). Impacts to these nine resources are discussed below.

Air Emissions: Proposed Action construction activities will generate dust from soil disturbance and increased air emissions from the operation of machinery and construction worker vehicles. These air emissions will be minor and temporary. No increased air emissions are anticipated with the operation of the EHRM system.

Asbestos: Asbestos surveys have identified asbestos-containing building materials (ACM) within the project buildings that could be disturbed during the planned construction and renovation activities. ACM that could be disturbed will be removed by licensed asbestos abatement contractors in accordance with federal, state, and local laws and regulations prior to conducting construction or renovation activities that would disturb the material. Asbestos wastes will be transported to a licensed disposal facility.

Excessive Noise: Proposed Action construction activities will generate noise, mostly from the operation of construction machinery. The construction noise will occur during daytime hours, be localized and short term in nature. No excessive noise is anticipated. No increased noise is anticipated with the operation of the EHRM system.

Utility Modification: The Proposed Action includes utility modifications, mostly to the on-campus telecommunication system and some localized modification to the project buildings’ electrical systems.

Construction activities will result in short-term disruptions to current utilities, however; the phased construction approach will minimize potential disruptions. Overall campus utility services will remain active at all times. If construction activity interrupts on-campus utility service for any period of time, approval from the VA COR would be requested at least 24 hours prior to disruption. No off-campus utility impacts are anticipated.

Soil Disturbance: The Proposed Action includes the installation of new fiber optic lines between the project buildings. It is anticipated the lines will mostly be installed in excavated, open trenches that would be up to 3 feet wide and approximately 4 to 6 feet deep. Areas proposed for trenching will be limited to previously disturbed areas (i.e., existing sidewalks, roadways, and landscaped areas) to the extent possible; however, some trenching is anticipated for relatively undisturbed grassy areas with some trees.

Tree removal will be limited, and trees recommended for protection will be fenced and identified on civil plans. Additionally, erosion control measures will be implemented to reduce potential soil erosion and sediment laden runoff due to construction activities. The surfaces of the areas that are trenched for fiber optic line installation will be restored to match the surrounding area.

As part of the design process, VA considered the locations of underground storage tanks (including those closed in place), above ground storage tanks, and other locations known to store potential hazardous materials (boiler plant, greenhouse, fire station, etc.) to minimize the potential for construction activities to encounter possible ground contamination. Construction activities will also avoid all known archaeologically sensitive areas (see Historic Properties discussion below).

Soil disturbance associated with construction activities will not impact wetlands or floodplains according to the USFWS National Wetlands Inventory Mapper (Attachment 1) and FEMA Flood Map Service

Center (Attachment 2). According to the FEMA map, there is a small area in the southernmost section of

Page | 3 the campus that is located within 100-year floodplain; however, no EHRM upgrades are proposed for this section of the campus.

Petroleum Storage: Small diesel and/or gasoline aboveground storage tanks may be temporarily stored on-site to fuel construction equipment. Petroleum storage and handling will be conducted using standard construction best management practices. No petroleum storage is anticipated with the operation of the

EHRM system.

Solid Waste: Proposed Action construction activities will generate interior building demolition debris as well as construction debris such as concrete, asphalt, removed wiring and construction scrap. These materials will be properly disposed of off-site at a licensed disposal facility. No special handling or extraordinary disposal is anticipated.

Biological Resources: The USFWS Information, Planning, and Conservation (IPaC) species list

(Attachment 3) for the Tomah VAMC identified one listed bat species (northern long-eared bat – threatened), one avian species (whooping crane – experimental population, non-essential), two insects

(Karner blue butterfly – endangered and Monarch butterfly – candidate), and several migratory birds of concern (American golden-plover, bald eagle, black-billed cuckoo, lesser yellowlegs, and wood thrush) that have potential to occur in the campus area.

The lack of caves at the Tomah VAMC campus precludes the northern long-eared bat during the wintertime. However, suitable summer roosting habitat consists of live trees and/or snags > 3 inches diameter at breast height (dbh) that have exfoliating bark, cracks, crevices, and /or hollows, as well as linear features such as fencerows, riparian forests, and other wooded corridors. Individual trees also serve as potential roost sites that exhibit the characteristics of potential roost trees and are located within 1,000 feet of forested/wooded habitat. Unsuitable habitat in Wisconsin, according to the USFWS, includes individual trees greater than 1,000 feet from forested/wooded areas, trees in highly developed urban areas

(e.g., street trees, downtown areas), a pure stand of less than 3-inch dbh trees that are not mixed with larger trees, or a stand of eastern red cedar shrubby vegetation with no potential roost trees (Attachment

3). The campus is located in an urban setting with the majority of the landscape trees greater than 1,000 feet from forested/wooded areas. Therefore, the campus is unlikely to provide suitable summer and fall roosting habitat for the northern long-eared bat. Additionally, the Wisconsin Department of Natural

Resources confirmed that the campus did not contain any known maternity roost trees (Attachment 4) and is not located within a 0.25-mile of a known hibernaculum (Attachment 5). Therefore, the Proposed

Action will have “no effect” on the northern long-eared bat due to a lack of summer and fall roosting habitat.

The whooping crane requires marshes, shallow lakes, ponds, lagoons, salt flats, grain and stubble fields, and barrier islands for breeding, migration and winter. There is a pond located in the northwestern portion of the campus and a larger pond adjacent to the west of the campus. The Proposed Action will not impact either waterbody. Therefore, there would be no impacts to the whooping crane due to the Proposed

Action.

The Karner blue butterfly occurs in dry and sandy, including oak savanna and jack pine barrens, and less often dune communities with wild lupine plants. There is no habitat present within the Tomah VAMC campus for the Karner blue butterfly; therefore, the butterfly would not be impacted by the Proposed

Action. The Monarch butterfly occurs in many different habitats but relies on nectar from milkweed and flowering plants for food and shrubs and trees to overnight on. In the fall, the butterflies begin migrating to their respective overwintering sites in Mexico. Undeveloped areas of the Tomah VAMC campus that

Page | 4 would be disturbed by the Proposed Action appear to be regularly maintained and appear to lack undisturbed habitat necessary to support milkweed plant species (Google Earth 2013 imagery and Project

Photos), which serve as host plants for the larvae of Monarch butterflies. However, the campus may provide marginal overnight habitat during the spring and summer months. It is unlikely that any tree/shrub removal associated with the Proposed Action would impact the species, because Monarch butterflies have the capability to disperse if disturbed.

The Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act afford protection of native bird species in the US. The USFWS identified five bird species of concern that have potential to occur at the Tomah VAMC; however, the campus lacks premier nesting habitat for all five species. The wood thrush is a tree/shrub nester known to nest less successively within suburban parks with enough large trees to establish a territory. The Tomah VAMC may provide marginal nesting habitat at best for the wood thrush and other shrub/tree nesting migratory bird species. Ground nesters are unlikely to utilize the

Tomah VAMC as the campus is landscaped and any potential ground nesting areas are regularly maintained which precludes nesting. Tree removal has potential to impact migratory bird nesting during the breeding season, generally April 15 through August 31. If tree/shrub removal occurs during the bird breeding season, a qualified biologist would survey the area prior to tree/shrub removal to comply with the Migratory Bird Treaty Act. If active migratory bird nests are discovered, VA in consultation with the

Wisconsin Department of Natural Resources and USFWS would identify nest protection measures to minimize potential impacts from construction.

Other: Historic Properties: The Tomah VAMC campus includes two historic districts that have been determined eligible for listing in the National Register of Historic Places (NRHP): the Indian School

Historic District and the Tomah Veterans Administration Hospital Historic District. The Indian School

Historic District, located in the southwestern portion of the campus, includes 14 resources (buildings, structures, etc.) that fall within the district’s period of significance (1894-1935) and retain sufficient integrity to be classified as “contributing” features within the historic district. The Veterans

Administration Hospital Historic District, located in the northern portion of the campus, includes 21 resources that fall within the district’s period of significance (1945-1965) and retain their historic character and quality to such a degree that they are regarded as “contributing” features within the district.

In 2009, VA entered into a National Historic Preservation Act (NHPA) Section 106 Programmatic

Agreement (PA) with the Wisconsin State Historic Preservation Office (SHPO), the Advisory Council on

Historic Preservation (ACHP), and Native American Tribes to manage potential impacts to historic properties at the campus. One of the stipulations of the PA was the development of an agreed upon

Historic Resource Management Plan (HRMP) for the campus. The 2015 Final HRMP identifies the historic properties at the campus and the procedures to be implemented for new campus projects.

Of the 26 EHRM project buildings, 16 are considered contributing resources to the NRHP-eligible historic districts, as outlined in the following table.

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EHRM Project Buildings Identification and Assignment for Historic Significance

Building

Number

Building Name (Historic Name) Date of

Building

Construction

Historic Status

23 Administrative Building (Boys’ Dormitory) 1915 Contributing

25 Office (Power Plant/Warehouse) 1905 Contributing

32 IT Building (Manual Arts Shop) 1925 Contributing

36 Fire Station and Garage (Machine Shed/ Fire Station) circa 1932 Contributing

40 Utility Shops (Same Use) 1943 Non-contributing

52 Warehouse 2019 Non-contributing

400 Administrative and Medical Building (Same Use) 1946 Contributing

401 Community Living Center (Medical Building) 1946 Contributing

402 Community Living Center (Medical Building) 1946 Contributing

403 Community Living Center (Medical Building) 1946 Contributing

404 Community Living Center (Medical Building) 1946 Contributing

405 RRTP Building (Medical Building) 2016 Contributing

406 Community Living Center (Medical Building) 1946 Contributing

407 Community Living Center (Medical Building) 1946 Contributing

408 Administrative Building (Medical Building) 1946 Contributing

409 Community Living Center (Medical Building) 2014 Non-contributing

410 Community Living Center (Medical Building) 2014 Non-contributing

411 Community Living Center 2019 Non-contributing

412 Community Living Center 2019 Non-contributing

415 Boiler Plant (Same Use) 1946 Non-contributing

416 Laundry (Same Use) 1946 Non-contributing

423 Greenhouse (Same Use) 1955 Contributing

424 Kitchen and Dining Hall (Same Use) 1958 Contributing

425 Chapel (Same Use) 1964 Contributing

452 SPD Warehouse (Same Use) 1990 Non-contributing

455 Recreational Therapy Building 2017 Non-contributing

Source: 2015 Final Historic Resources Management Plan

The Proposed Action will be completed in accordance with the 2009 PA and associated 2015 HRMP requirements.

All 16 project buildings considered contributing resources to the historic districts will have interior alterations as part of the Proposed Action. The HRMP indicates Section 106 consultation is not required for the interior alteration of any of these buildings except Building 425 (the Chapel), because the interiors of these buildings have been altered and do not contribute to the historic districts. Section 106 consultation with the SHPO is required for any alterations to the interior of the Chapel and will be conducted by VA as required. A modification to the existing utility closet within Building 425 is needed to accommodate the EHRM upgrades to the building. With the incorporation of design input and

Page | 6 recommendations from the SHPO, if any, the proposed expansion of the utility closet would have little or no effect on the historic character of the building.

Most of the 16 project buildings considered contributing resources to the historic districts will have fiber conduit entries located below grade and no exterior alteration as part of the Proposed Action. Three of the

16 contributing buildings (Buildings 25, 36, and 425) will have above grade fiber conduit entries, with conduit extending from the ground along the exterior building wall and entering the building at approximately ten feet above grade. Additional equipment including HVAC and the exterior, above grade conduit installation will be conducted in accordance with the HRMP Guidelines for Maintenance and

Repair, including the recommendation to locate mechanical equipment (conduit, HVAC, etc.) along the rear or side of the building. With the incorporation of the HRMP guidelines in the design, the Proposed

Action would have no adverse effect on the exterior of the historic buildings.

The HRMP identified five areas of the Tomah VAMC campus that are considered archaeologically sensitive. The EHRM upgrades have been designed to avoid ground disturbance in these areas. Proposed

Action excavation activities will be following the HRMP Inadvertent Discovery Protocol, as required.

Extraordinary Circumstances Evaluation

Projects that are listed on VA’s categorical exclusion list must still be evaluated for extraordinary circumstances listed in 38 CFR Part 26.6(b)(1) to confirm that a CATEX is applicable. The extraordinary circumstances evaluation for the Proposed Action is provided below.

1. Greater scope or size than normally experienced for a particular categorical exclusion. The

Proposed Action is typical of Category 2 categorical exclusions that occur on VA campuses throughout the US.

2. Actions in highly populated or congested areas. The Tomah VAMC campus is not located in a highly populated or congested area. Properties surrounding the campus consist of a mixture of developed and undeveloped land. Proposed Action construction activities will be limited to the campus and no offsite work is anticipated.

3. Potential for degradation, although slight, or existing poor environmental conditions. No notable poor environmental conditions exist at and surrounding the campus. No environmental degradation is anticipated as a result of the Proposed Action.

4. Use of unproven technology. The Proposed Action will use methods, systems, and devices based on current and proven technology.

5. Potential presence of an endangered species, archaeological remains, or other protected resources.

• Endangered species. No federally-listed threatened and endangered species are known or likely to occur at the campus or be adversely impacted by the Proposed Action.

If tree/shrub removal occurs during the bird breeding season (April 15 to August 31), a qualified biologist would survey the area prior to construction activities to comply with the Migratory Bird

Treaty Act.

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• Archaeological remains. The Proposed Action was designed to avoid the identified archaeologically sensitive areas at the campus. The Proposed Action will have no effect on the known archaeological resources. Ground disturbing construction activities will follow the HRMP

Inadvertent Discovery Protocol.

• Other protected resources. Two NRHP-eligible historic districts are present at the Tomah campus and the Proposed Action includes EHRM infrastructure upgrades to buildings that are contributing resources to the historic districts. However, the Proposed Action will be completed in accordance with 2009 PA and 2015 HRMP, in consultation with SHPO, as necessary and required. Historic property effects will be minimal.

6. Potential presence of hazardous or toxic substances. ACM within the buildings will be abated by licensed contractors prior to construction, demolition, or renovation activities that would disturb the material. No soil contamination, or hazardous and toxic substances are known to exist in the planned construction areas. As part of the design process, VA considered the locations of underground storage tanks, above ground storage tanks, and other locations known to store potential hazardous materials to minimize the potential for construction activities to encounter possible ground contamination.

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

October 12, 2021

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Minnesota-Wisconsin Ecological Services Field Office 4101 American Blvd E

Bloomington, MN 55425-1665 Phone: (952) 252-0092 Fax: (952) 646-2873 http://www.fws.gov/midwest/Endangered/section7/s7process/step1.html

In Reply Refer To:

Consultation Code: 03E19000-2022-SLI-0152 Event Code: 03E19000-2022-E-00528 Project Name: CATEX VA Tomah Campus - EHRM Infrastructure Upgrade Project

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:

This response has been generated by the Information, Planning, and Conservation (IPaC) system to provide information on natural resources that could be affected by your project. The U.S. Fish and Wildlife Service (Service) provides this response under the authority of the Endangered Species Act of 1973 (16 U.S.C. 1531-1543), the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d), the Migratory Bird Treaty Act (16 U.S.C. 703-712), and the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.).

Threatened and Endangered 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 may be affected by your proposed project. The species list fulfills the requirement for obtaining a Technical Assistance Letter from the U.S. Fish and Wildlife 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. 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 ECOS IPaC website at regular intervals during project planning and implementation

10/12/2021 Event Code: 03E19000-2022-E-00528 2 for updates to species lists and information. An updated list may be requested through the ECOS IPaC system by completing the same process used to receive the enclosed list.

Consultation Technical Assistance

Please refer to the Midwest Region S7 Technical Assistance website for step-by-step instructions for making species determinations and for specific guidance on the following types of projects:

projects in developed areas, HUD, CDBG, EDA, pipelines, buried utilities, telecommunications, and requests for a Conditional Letter of Map Revision (CLOMR) from FEMA.

Using the IPaC Official Species List to Make No Effect and May Affect Determinations for Listed Species

1. If IPaC returns a result of “There are no listed species found within the vicinity of the project,” then project proponents can conclude the proposed activities will have no effect on any federally listed species under Service jurisdiction. Concurrence from the Service is not required for No Effect determinations. No further consultation or coordination is required. Attach this letter to the dated IPaC species list report for your records. An example "No Effect" document also can be found on the S7 Technical Assistance website.

2. If IPaC returns one or more federally listed, proposed, or candidate species as potentially present in the action area of the proposed project – other than bats (see below) – then project proponents must determine if proposed activities will have no effect on or may affect those species. For assistance in determining if suitable habitat for listed, candidate, or proposed species occurs within your project area or if species may be affected by project activities, you can obtain Life History Information for Listed and Candidate Species through the S7 Technical Assistance website. If no impacts will occur to a species on the IPaC species list (e.g., there is no habitat present in the project area), the appropriate determination is No Effect. No further consultation or coordination is required. Attach this letter to the dated IPaC species list report for your records. An example "No Effect" document also can be found on the S7 Technical Assistance website.

3. Should you determine that project activities may affect any federally listed, please contact our office for further coordination. Letters with requests for consultation or correspondence about your project should include the Consultation Tracking Number in the header. Electronic submission is preferred.

Northern Long-Eared Bats

10/12/2021 Event Code: 03E19000-2022-E-00528 3

Northern long-eared bats occur throughout Minnesota and Wisconsin and the information below may help in determining if your project may affect these species.

This species hibernates in caves or mines only during the winter. In Minnesota and Wisconsin, the hibernation season is considered to be November 1 to March 31. During the active season (April 1 to October 31) they roost in forest and woodland habitats. Suitable summer habitat for northern long-eared bats consists of a wide variety of forested/wooded habitats where they roost, forage, and travel and may also include some adjacent and interspersed non-forested habitats such as emergent wetlands and adjacent edges of agricultural fields, old fields and pastures. This includes forests and woodlots containing potential roosts (i.e., live trees and/or snags ≥3 inches dbh for northern long-eared bat that have exfoliating bark, cracks, crevices, and/or hollows), as well as linear features such as fencerows, riparian forests, and other wooded corridors. These wooded areas may be dense or loose aggregates of trees with variable amounts of canopy closure. Individual trees may be considered suitable habitat when they exhibit the characteristics of a potential roost tree and are located within 1,000 feet (305 meters) of forested/wooded habitat. Northern long-eared bats have also been observed roosting in human-made structures, such as buildings, barns, bridges, and bat houses; therefore, these structures should also be considered potential summer habitat and evaluated for use by bats. If your project will impact caves or mines or will involve clearing forest or woodland habitat containing suitable roosting habitat, northern long-eared bats could be affected.

Examples of unsuitable habitat include:

· Individual trees that are greater than 1,000 feet from forested or wooded areas,

· Trees found in highly developed urban areas (e.g., street trees, downtown areas),

· A pure stand of less than 3-inch dbh trees that are not mixed with larger trees, and

· A stand of eastern red cedar shrubby vegetation with no potential roost trees.

If IPaC returns a result that northern long-eared bats are potentially present in the action area of the proposed project, project proponents can conclude the proposed activities may affect this species IF one or more of the following activities are proposed:

· Clearing or disturbing suitable roosting habitat, as defined above, at any time of year,

· Any activity in or near the entrance to a cave or mine,

· Mining, deep excavation, or underground work within 0.25 miles of a cave or mine,

· Construction of one or more wind turbines, or

10/12/2021 Event Code: 03E19000-2022-E-00528 4

· Demolition or reconstruction of human-made structures that are known to be used by bats based on observations of roosting bats, bats emerging at dusk, or guano deposits or stains.

If none of the above activities are proposed, project proponents can conclude the proposed activities will have no effect on the northern long-eared bat. Concurrence from the Service is not required for No Effect determinations. No further consultation or coordination is required.

Attach this letter to the dated IPaC species list report for your records. An example "No Effect" document also can be found on the S7 Technical Assistance website.

If any of the above activities are proposed, please use the northern long-eared bat determination key in IPaC. This tool streamlines consultation under the 2016 rangewide programmatic biological opinion for the 4(d) rule. The key helps to determine if prohibited take might occur and, if not, will generate an automated verification letter. No further review by us is necessary. Please visit the links below for additional information about "may affect" determinations for the northern long-eared bat.

NLEB Section 7 consultation

Key to the NLEB 4(d) rule for federal actions that may affect

Instructions for the NLEB 4(d) assisted d-key

Maternity tree and hibernaculum locations by state

Other Trust Resources and Activities

Bald and Golden Eagles - Although the bald eagle has been removed from the endangered species list, this species and the golden eagle are protected by the Bald and Golden Eagle Act and the Migratory Bird Treaty Act. Should bald or golden eagles occur within or near the project area please contact our office for further coordination. For communication and wind energy projects, please refer to additional guidelines below.

Migratory Birds - The Migratory Bird Treaty Act (MBTA) prohibits the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests, except when specifically authorized by the Service. The Service has the responsibility under the MBTA to proactively prevent the mortality of migratory birds whenever possible and we encourage implementation of recommendations that minimize potential impacts to migratory birds. Such measures include clearing forested habitat outside the nesting season (generally March 1 to August 31) or conducting nest surveys prior to clearing to avoid injury to eggs or nestlings.

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Communication Towers - Construction of new communications towers (including radio, television, cellular, and microwave) creates a potentially significant impact on migratory birds, especially some 350 species of night-migrating birds. However, the Service has developed voluntary guidelines for minimizing impacts.

Transmission Lines - Migratory birds, especially large species with long wingspans, heavy bodies, and poor maneuverability can also collide with power lines. In addition, mortality can occur when birds, particularly hawks, eagles, kites, falcons, and owls, attempt to perch on uninsulated or unguarded power poles. To minimize these risks, please refer to guidelines developed by the Avian Power Line Interaction Committee and the Service.

Implementation of these measures is especially important along sections of lines adjacent to wetlands or other areas that support large numbers of raptors and migratory birds.

Wind Energy - To minimize impacts to migratory birds and bats, wind energy projects should follow the Service’s Wind Energy Guidelines. In addition, please refer to the Service's Eagle Conservation Plan Guidance, which provides guidance for conserving bald and golden eagles in the course of siting, constructing, and operating wind energy facilities.

State Department of Natural Resources Coordination

While it is not required for your Federal section 7 consultation, please note that additional state endangered or threatened species may also have the potential to be impacted. Please contact the Minnesota or Wisconsin Department of Natural Resources for information on state listed species that may be present in your proposed project area.

Minnesota

Minnesota Department of Natural Resources - Endangered Resources Review Homepage

Email: Review.NHIS@state.mn.us

Wisconsin

Wisconsin Department of Natural Resources - Endangered Resources Review Homepage

Email: DNRERReview@wi.gov

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We appreciate your concern for threatened and endangered species. Please feel free to contact our office with questions or for additional information.

Attachment(s):

Official Species List Migratory Birds

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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:

Minnesota-Wisconsin Ecological Services Field Office 4101 American Blvd E Bloomington, MN 55425-1665

(952) 252-0092

Project Summary Consultation Code: 03E19000-2022-SLI-0152 Event Code: Some(03E19000-2022-E-00528) Project Name: CATEX VA Tomah Campus - EHRM Infrastructure Upgrade Project Project Type: ** OTHER ** Project Description: This project shall include, but is not limited to, upgrading the facilities fiber optic cabling (herein referred to as “fiber”) throughout the Veterans Administration Tomah campus buildings into each IT closet. Provide redundant fiber runs throughout the facility to each IT closet. Provide dual path redundant fiber between outside network provider point. This is for approximately 30 relocated IT closet spaces and approximately 6 expanded IT closets. Review HVAC requirements, and Physical security upgrades. Install IT patch panels and new electrical outlets throughout the facility, provide additional outlets in each IT closet, data cables, cable trays, server room upgrade, inspect grounding and bonding, HVAC systems, relocate limited number of IT closets, remake existing IT closet as needed, removal of abandoned cabling, Removing abandoned equipment, and upgrade facility power distribution as required. Add UPS backup power as required. Tree removal and ground disturbance within existing sidewalks, roadways, and landscapes areas will occur to support upgrade project.

Project Location:

Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@44.003603999999996,-90.493552105745,14z

Counties: Monroe County, Wisconsin

1.

Endangered Species Act Species There is a total of 5 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.

Mammals

NAME STATUS

Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/9045

Threatened

Birds

NAME STATUS

Whooping Crane Grus americana Population: U.S.A. (AL, AR, CO, FL, GA, ID, IL, IN, IA, KY, LA, MI, MN, MS, MO, NC, NM, OH, SC, TN, UT, VA, WI, WV, western half of WY) No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/758

Experimental Population, Non- Essential

Insects

NAME STATUS

Karner Blue Butterfly Lycaeides melissa samuelis There is proposed critical habitat for this species. The location of the critical habitat is not available.

Species profile: https://ecos.fws.gov/ecp/species/6656

Endangered

Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species.

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

Candidate

Flowering Plants

NAME STATUS

Northern Wild Monkshood Aconitum noveboracense No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/1450

Threatened

Critical habitats

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

JURISDICTION.

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2.

3.

Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act .

Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below.

The Migratory Birds Treaty Act of 1918.

The Bald and Golden Eagle Protection Act of 1940.

50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)

The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location.

To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below.

For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area.

NAME

BREEDING

SEASON

American Golden-plover Pluvialis dominica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds elsewhere

Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.

https://ecos.fws.gov/ecp/species/1626

Breeds Dec 1 to Aug 31

3.

NAME

BREEDING

SEASON

Black-billed Cuckoo Coccyzus erythropthalmus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/9399

Breeds May 15 to Oct 10

Lesser Yellowlegs Tringa flavipes This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/9679

Breeds elsewhere

Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds May 10 to Aug 31

Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report.

Probability of Presence ( )

Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high.

How is the probability of presence score calculated? The calculation is done in three steps:

The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25.

To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.

The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score.

no data survey effort breeding season probability of presence

Breeding Season ( ) Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.

Survey Effort ( ) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys.

No Data ( ) A week is marked as having no data if there were no survey events for that week.

Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant…