Attachment 7 - NEPA_CE.pdf

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Pennsylvania Field Office

110 Radnor Road, Suite 101 State College, Pennsylvania 16801-4850

April 11, 2019

Sula Jacobs Kara Deutsch National Park Service Delaware Water Gap National Recreation Area Bushkill, PA 18324

RE: USFWS Project #2019-0634 PNDI Review #648251, 648259, 648268, 648278

Dear Ms. Jacobs:

Thank you for your letter of March 4, 2019, which provided the U.S. Fish and Wildlife Service (Service) with information regarding the multiple State Route (SR) 209 bridge repair projects located over Bushkill Creek, Adams Creek, Toms Creek, and Conashaugh Creeks, Monroe and Pike Counties, Pennsylvania. Your email of April 4, 2019, provided additional information. The following comments are provided pursuant to the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) to ensure the protection of endangered and threatened species.

The National Park Service (NPS) in partnership with the Federal Highway Administration proposes to make repairs on existing bridge structures as detailed below. The project areas are located within the known range of the following federally listed, endangered and threatened species:

Project Location Project details Species present Bushkill Creek

Lehman Twp., Monroe Co.;

Middle Smithfield Twp., Pike Co.

. Repair concrete

. Spot painting

. Seal concrete rails

. Clean/reseal bridge joints

. Replace expansion joint seals

. Install safety rail

. Install rip-rap rock

. Remove gravel and debris

. Limited tree clearing

. Dwarf wedgemussel – E (Alasmidonta heterodon), . Shortnose sturgeon - E (Acipenser brevirostrum), . Atlantic sturgeon (Acipenser oxyrichus) - E . bog turtle - T (Clemmys muhlenbergii) . Indiana bat - E (Myotis sodalis) . Northern long-eared bat- T (Myotis septentrionalis)

Adams Creek

Delaware Twp, Pike Co.

. Clean scuppers

. Repair concrete

. Grout abutment

. Install and grout rip-rap rock

. Install a wing wall rockery wall . Backfilling behind the wall . Patch approach asphalt . Install asphalt curbing . Install a temporary access . Remove 13 trees during the winter (Oct 1 to March 31)

. Dwarf wedgemussel – E (Alasmidonta heterodon), . Shortnose sturgeon - E (Acipenser brevirostrum), . Atlantic sturgeon (Acipenser oxyrichus) - E . Indiana bat - E (Myotis sodalis) . Northern long-eared bat- T (Myotis septentrionalis)

Toms Creek Lehman Twp., Pike Co.

. Replace guiderail

. Replace markers

. Patch asphalt

. Reseal bridge joints

. Seal concrete rail

. Replace anchor bolts/washers

. Dwarf wedgemussel – E (Alasmidonta heterodon), . Shortnose sturgeon - E (Acipenser brevirostrum), . Atlantic sturgeon (Acipenser oxyrichus) – E . Indiana bat - E (Myotis sodalis) . Northern long-eared bat- T (Myotis septentrionalis)

Conachaugh Creek

Delaware Twp., Pike Co.

. Resurface 350 linear feet of Zimmerman Road . Replace the cable guiderail . Install terminal end sections . Place topsoil and shoulder turf . Install markers

. Dwarf wedgemussel – E (Alasmidonta heterodon), . Shortnose sturgeon - E (Acipenser brevirostrum), . Atlantic sturgeon (Acipenser oxyrichus) - E . Indiana bat - E (Myotis sodalis) . Northern long-eared bat- T (Myotis septentrionalis)

Bog Turtle

Bog turtles inhabit shallow, spring-fed fens, sphagnum bogs, swamps, marshy meadows, and pastures characterized by soft, muddy bottoms; clear, cool, slow-flowing water, often forming a network of rivulets; high humidity; and an open canopy. Bog turtles usually occur in small, discrete populations occupying suitable wetland habitat dispersed along a watershed. The occupied "intermediate successional stage" wetland habitat is usually a mosaic of micro-habitats ranging from dry pockets, to areas that are saturated with water, to areas that are periodically flooded. Some wetlands occupied by bog turtles are located in agricultural areas and are subject to grazing by livestock.

To determine the potential effects of the proposed project on bog turtles and their habitat, the Nature Conservancy conducted a Phase 1 bog turtle habitat assessment on May 5, 1998.

According to the report provided, three wetlands extend to within 300 feet of the proposed limit of disturbance. The Nature Conservancy determined that the subject wetlands do not have the combination of soils, vegetation, and hydrology typical of habitat occupied by bog turtles. We concur with this habitat determination and conclude that implementation of the proposed project will not affect the bog turtle.

If the Phase 1 habitat assessment did not include all wetlands in all areas that will be directly or indirectly affected by the proposed project and project-associated features (e.g., roads, water and sewer lines, utility lines, stormwater and sedimentation basins, buildings and other structures, driveways, parking lots, yards/lawns, wells, staging areas, laydown areas), expand the scope of the Phase 1 survey to include these areas. If any wetlands are located, please submit the results of the expanded wetland and Phase 1 investigation to our office for review so that we can confirm whether the above determination is still valid.

Shortnose and Atlantic Sturgeon

The shortnose and Atlantic sturgeons are under the jurisdiction of the National Oceanic Atmospheric Administration (NOAA). Please contact NOAA Fisheries Protected Resources Division Recovery Coordinator at 978-282-8482 for more information about possible project impacts to this species.

Dwarf wedgemussel

Freshwater mussels are sedentary filter-feeders, and as such, they are vulnerable to substrate disturbance, silt deposition, scouring, water quality degradation, changes in channel morphology, and alterations of river hydrology.

Due to the potential to harm federally listed mussel species in the Delaware River (the receiving stream) we recommend that the project be designed to avoid potential adverse effects to mussels and their habitat. Based on the information provided in your March 4, letter, the NPS proposes to employ appropriate Best Management Practices (BMPs) to avoid siltation downstream of the project. In reviewing the project information, including your indication that activities involved in the plan will not affect the Delaware River, and your implementation of proposed conservation and avoidance measures, we have determined that the effects of the project are not likely to adversely affect the dwarf wedgemussel. Please include all proposed BMPs in an approved Sedimentation and Erosion Control Plan.

Indiana Bat

To avoid killing or injuring Indiana bats, NPS proposes to cut trees between October 1 and March 31. Based on a review of the project information, including the size of the project area (about 13 to 15 trees) and the anticipated effects on forest habitat, the Service has determined that the proposed project will not have a significant adverse effect on overall habitat quality or availability for the Indiana bat. Therefore, if the proposed seasonal restriction on tree cutting is implemented to avoid the take of Indiana bats, we have determined that the effects of the project on the Indiana bat are insignificant or discountable. However, if you are unable to implement the seasonal restriction on tree cutting, please contact this office for further coordination.

Northern long-eared bat

NPS followed the procedures established in the Key to the Northern Long-Eared Bat 4(d) Rule for the Northern Long-eared Bat and Activities Excepted from Take Prohibitions. To be protective of the northern long-eared bat, the NPS proposes implementing a seasonal tree-cutting restriction during the pup season (May 15 through July 31).

The proposed project is not located within 0.25 mile of a known northern long-eared bat hibernaculum or within 150 feet from a known, occupied maternity roost tree. Further, with the proposed seasonal restriction on tree cutting described for Indiana bat to avoid the take, we also conclude that the project is not likely to adversely affect the northern long-eared bat. However, if you are unable to implement the seasonal restriction on tree cutting, please contact this office for further coordination.;

Northeastern bulrush

The project is not within the known range of the northeastern bulrush (Scirpus ancistrochaetus), a federally listed, endangered plant. Additionally, no work in wetlands is proposed for the Bushkill Creek project. Therefore, based on our review of this project, we conclude that implementation of the proposed project will not affect this species.

These determinations are valid for 2 years from the date of this letter. If the proposed project has not been fully implemented prior to this, an additional review by this office is recommended.

Should project plans change, or if additional information on listed or proposed species becomes available, this determination may be reconsidered.

This response relates only to endangered and threatened species under our jurisdiction, based on an office review of the proposed project's location. No field inspection of the project area has been conducted by this office. Consequently, this letter is not to be construed as addressing other Service concerns under the Fish and Wildlife Coordination Act or other authorities.

To avoid potential delays in reviewing your project, please use the above-referenced USFWS project tracking number in any future correspondence regarding this project.

Please contact Jennifer Kagel of my staff at 814-234-4090 if you have any questions regarding this matter.

Sincerely, Sonja Jahrsdoerfer

Project Leader

For

Pennsylvania Department of Conservation and Natural Resources Project Search ID: PNDI-648259 PNDI Receipt: project_receipt_adams_creek_bridge_repair_648259_FINAL_2.pdf

1. PROJECT INFORMATION

Project Name: Adams Creek Bridge Repair and Scour Protection Date of Review: 5/25/2018 04:05:28 PM Project Category: Transportation, Structures and Bridges, Bridge Preservation, Restoration and/or Rehabilitation Project Area: 1.43 acres County(s): Pike Township/Municipality(s): DELAWARE ZIP Code: 18328 Quadrangle Name(s): CULVERS GAP Watersheds HUC 8: Middle Delaware-Mongaup-Brodhead Watersheds HUC 12: Shimers Brook-Delaware River Decimal Degrees: 41.239362, -74.866270 Degrees Minutes Seconds: 41° 14' 21.7038" N, 74° 51' 58.5715" W

2. SEARCH RESULTS

Agency Results Response PA Game Commission No Known Impact No Further Review Required

PA Department of Conservation and Natural Resources

Potential Impact FURTHER REVIEW IS REQUIRED, See Agency Response

PA Fish and Boat Commission Potential Impact FURTHER REVIEW IS REQUIRED, See Agency Response

U.S. Fish and Wildlife Service Potential Impact FURTHER REVIEW IS REQUIRED, See Agency Response

As summarized above, Pennsylvania Natural Diversity Inventory (PNDI) records indicate there may be potential impacts to threatened and endangered and/or special concern species and resources within the project area. If the response above indicates "No Further Review Required" no additional communication with the respective agency is required. If the response is "Further Review Required" or "See Agency Response," refer to the appropriate agency comments below. Please see the DEP Information Section of this receipt if a PA Department of Environmental Protection Permit is required.

RESPONSE TO QUESTION(S) ASKED

Q1: Will any and all on-land (non-aquatic) disturbance occur in or on an existing building, parking lot, driveway, road, road shoulder, street, runway, paved area, railroad bed, maintained (periodically mown) lawn, crop agriculture field or maintained orchard?

Your answer is: No

Q2: Is the proposed bridge project being funded or carried out by PennDOT and does it occur in the Ohio River watershed (which includes but is not limited to the Allegheny River watershed)?

Your answer is: No

3. AGENCY COMMENTS

Regardless of whether a DEP permit is necessary for this proposed project, any potential impacts to threatened and endangered species and/or special concern species and resources must be resolved with the appropriate jurisdictional agency. In some cases, a permit or authorization from the jurisdictional agency may be needed if adverse impacts to these species and habitats cannot be avoided.

These agency determinations and responses are valid for two years (from the date of the review), and are based on the project information that was provided, including the exact project location; the project type, description, and features; and any responses to questions that were generated during this search. If any of the following change: 1) project location, 2) project size or configuration, 3) project type, or 4) responses to the questions that were asked during the online review, the results of this review are not valid, and the review must be searched again via the PNDI Environmental Review Tool and resubmitted to the jurisdictional agencies. The PNDI tool is a primary screening tool, and a desktop review may reveal more or fewer impacts than what is listed on this PNDI receipt. The jursidictional agencies strongly advise against conducting surveys for the species listed on the receipt prior to consultation with the agencies.

PA Game Commission

RESPONSE:

No Impact is anticipated to threatened and endangered species and/or special concern species and resources.

PA Department of Conservation and Natural Resources

RESPONSE:

Further review of this project is necessary to resolve the potential impact(s). Please send project information to this agency for review (see WHAT TO SEND).

DCNR Species: (Note: The Pennsylvania Conservation Explorer tool is a primary screening tool, and a desktop review may reveal more or fewer species than what is listed below. After desktop review, if a botanical survey is required by DCNR, we recommend the DCNR Botanical Survey Protocols, available here:

https://conservationexplorer.dcnr.pa.gov/content/survey-protocols)

Scientific Name Common Name Current Status Proposed Status Survey Window

Carex sprengelii Sedge Special Concern Species*

Special Concern Species*

Fruits mid-May - late June

PA Fish and Boat Commission

RESPONSE:

Further review of this project is necessary to resolve the potential impact(s). Please send project information to this agency for review (see WHAT TO SEND).

PFBC Species: (Note: The Pennsylvania Conservation Explorer tool is a primary screening tool, and a desktop review may reveal more or fewer species than what is listed below.)

https://conservationexplorer.dcnr.pa.gov/content/survey-protocols

Scientific Name Common Name Current Status

Sensitive Species** Endangered

Sensitive Species** Endangered

Sensitive Species** Endangered

U.S. Fish and Wildlife Service

RESPONSE:

Further review of this project is necessary to resolve the potential impact(s). Please send project information to this agency for review (see WHAT TO SEND).

* Special Concern Species or Resource - Plant or animal species classified as rare, tentatively undetermined or candidate as well as other taxa of conservation concern, significant natural communities, special concern populations (plants or animals) and unique geologic features.

** Sensitive Species - Species identified by the jurisdictional agency as collectible, having economic value, or being susceptible to decline as a result of visitation.

WHAT TO SEND TO JURISDICTIONAL AGENCIES

If project information was requested by one or more of the agencies above, upload* or email* the following information to the agency(s). Instructions for uploading project materials can be found here. This option provides the applicant with the convenience of sending project materials to a single location accessible to all three state agencies.

Alternatively, applicants may email or mail their project materials (see AGENCY CONTACT INFORMATION).

*Note: U.S.Fish and Wildlife Service requires applicants to mail project materials to the USFWS PA field office (see AGENCY CONTACT INFORMATION). USFWS will not accept project materials submitted electronically (by upload or email).

Check-list of Minimum Materials to be submitted:

____Project narrative with a description of the overall project, the work to be performed, current physical characteristics of the site and acreage to be impacted.

____A map with the project boundary and/or a basic site plan(particularly showing the relationship of the project to the physical features such as wetlands, streams, ponds, rock outcrops, etc.)

In addition to the materials listed above, USFWS REQUIRES the following ____SIGNED copy of a Final Project Environmental Review Receipt

The inclusion of the following information may expedite the review process.

____Color photos keyed to the basic site plan (i.e. showing on the site plan where and in what direction each photo was taken and the date of the photos) ____Information about the presence and location of wetlands in the project area, and how this was determined (e.g., by a qualified wetlands biologist), if wetlands are present in the project area, provide project plans showing the location of all project features, as well as wetlands and streams.

https://conservationexplorer.dcnr.pa.gov/content/upload-instructions

4. DEP INFORMATION

The Pa Department of Environmental Protection (DEP) requires that a signed copy of this receipt, along with any required documentation from jurisdictional agencies concerning resolution of potential impacts, be submitted with applications for permits requiring PNDI review. Two review options are available to permit applicants for handling PNDI coordination in conjunction with DEP’s permit review process involving either T&E Species or species of special concern. Under sequential review, the permit applicant performs a PNDI screening and completes all coordination with the appropriate jurisdictional agencies prior to submitting the permit application. The applicant will include with its application, both a PNDI receipt and/or a clearance letter from the jurisdictional agency if the PNDI Receipt shows a Potential Impact to a species or the applicant chooses to obtain letters directly from the jurisdictional agencies. Under concurrent review, DEP, where feasible, will allow technical review of the permit to occur concurrently with the T&E species consultation with the jurisdictional agency. The applicant must still supply a copy of the PNDI Receipt with its permit application. The PNDI Receipt should also be submitted to the appropriate agency according to directions on the PNDI Receipt. The applicant and the jurisdictional agency will work together to resolve the potential impact(s). See the DEP PNDI policy at https://conservationexplorer.dcnr.pa.gov/content/resources.

https://conservationexplorer.dcnr.pa.gov/content/resources

5. ADDITIONAL INFORMATION

The PNDI environmental review website is a preliminary screening tool. There are often delays in updating species status classifications. Because the proposed status represents the best available information regarding the conservation status of the species, state jurisdictional agency staff give the proposed statuses at least the same consideration as the current legal status. If surveys or further information reveal that a threatened and endangered and/or special concern species and resources exist in your project area, contact the appropriate jurisdictional agency/agencies immediately to identify and resolve any impacts.

For a list of species known to occur in the county where your project is located, please see the species lists by county found on the PA Natural Heritage Program (PNHP) home page (www.naturalheritage.state.pa.us). Also note that the PNDI Environmental Review Tool only contains information about species occurrences that have actually been reported to the PNHP.

6. AGENCY CONTACT INFORMATION

PA Department of Conservation and Natural Resources Bureau of Forestry, Ecological Services Section 400 Market Street, PO Box 8552 Harrisburg, PA 17105-8552 Email: RA-HeritageReview@pa.gov

U.S. Fish and Wildlife Service

Endangered Species Section 110 Radnor Rd; Suite 101 State College, PA 16801 NO Faxes Please

PA Fish and Boat Commission Division of Environmental Services 595 E. Rolling Ridge Dr., Bellefonte, PA 16823 Email: RA-FBPACENOTIFY@pa.gov

PA Game Commission Bureau of Wildlife Habitat Management Division of Environmental Planning and Habitat Protection 2001 Elmerton Avenue, Harrisburg, PA 17110-9797 Email: RA-PGC_PNDI@pa.gov NO Faxes Please

7. PROJECT CONTACT INFORMATION

Name:______________________________________________________________ Company/Business Name:______________________________________________ Address:____________________________________________________________ City, State, Zip:_______________________________________________________ Phone:(_____)_________________________Fax:(______)___________________ Email:_____________________________________________________________

8. CERTIFICATION

I certify that ALL of the project information contained in this receipt (including project location, project size/configuration, project type, answers to questions) is true, accurate and complete. In addition, if the project type, location, size or configuration changes, or if the answers to any questions that were asked during this online review change, I agree to re-do the online environmental review.

applicant/project proponent signature date

Powered by TCPDF (www.tcpdf.org) http://www.naturalheritage.state.pa.us mailto:RA-HeritageReview@pa.gov mailto:RA-FBPACENOTIFY@pa.gov mailto:RA-PGC_PNDI@pa.gov http://www.tcpdf.org

BUREAU OF FORESTRY

conserve sustain enjoy P.O. Box 8552, Harrisburg, PA 17015-8552 717-787-3444 (fax) 717-772-0271

An Equal Opportunity Employer dcnr.state.pa.us Printed on Recycled Paper

June 4, 2018 PNDI Number: 648259

Version: Final_2; 5/25/18

Lisa Landers

Federal Highway Administration

21400 Ridgetop Circle

Sterling, VA 20166

Email: Lisa.Landers@dot.gov (hard copy will not follow)

Re: UPDATE- Adams Creek Bridge Repair and Scour Protection

Delaware Township, Pike County, PA

Dear Ms. Landers, Thank you for the submission of the updated Pennsylvania Natural Diversity Inventory (PNDI) Environmental

Review Receipt Number 648259 for review. PA Department of Conservation and Natural Resources previously issued a clearance letter for this project on March 9, 2018. The updated project has been screened for potential impacts to species and resources under DCNR’s responsibility, which includes plants, terrestrial invertebrates, natural communities, and geologic features only.

No Impact Anticipated (with Conservation Measure)

PNDI records indicate species under DCNR’s jurisdiction are located in the vicinity of the current project area.

However, based on the information you submitted concerning the updated project description and plan sheet, the immediate location, and our detailed resource information, DCNR has determined that direct impacts are not likely.

Additionally, many of the project changes and Best Management Practices (BMPs) detailed in the updated project description would minimize potential indirect impacts to nearby species of special concern. No further coordination with our agency is needed for this project.

Recommended Action: Conservation Measure

As indicated by the March 9, 2018 clearance letter, the following species is not currently listed in Pennsylvania, but is under review due to a suspected rarity. Due to the limited scope of project activities, project BMPs, the listing status of the species, and its documented location outside of the project area, it is not a target for a survey.

However, a conservation measure is suggested to identify and avoid potential indirect impacts to this species.

• Carex sprengelii (sedge) has a proposed status of Pennsylvania rare. It has been locally documented downstream of the project area, along the bank of Adams Creek and the wooded terrace above the bank.

Suitable habitat for this species is found in moist cliffs, thickets, woods, and grassy banks. Threats to this population include competition from invasive species, including Berberis thunbergii (Japanese barberry) and Microstegium vimineum (Japanese stiltgrass).

DCNR recommends the following measures to help prevent the spread of invasive species:

• Do not transport unsterilized leaves, mulch, compost, or soil to the site from another location.

PNDI Number: 648259

Version: Final_2; 5/25/18

• When revegetating disturbed areas, do not use plantings or seed mixes that include invasive species. Please also use weed-free straw or hay mixes. More information about invasive species in Pennsylvania can be found at the following link:

http://www.dcnr.pa.gov/Conservation/WildPlants/InvasivePlants/Pages/default.aspx

• Use habitat appropriate plantings/seed mixes and use native species when practicable. The Bureau of

Forestry Planting and Seeding Guidelines can be found here for reference:

http://www.docs.dcnr.pa.gov/cs/groups/public/documents/document/dcnr_20031083.pdf

This response represents the most up-to-date review of the PNDI data files and is valid for two (2) years only. If project plans change or more information on listed or proposed species becomes available, our determination may be reconsidered. Should the proposed work continue beyond the period covered by this letter and a permit has not been acquired, please resubmit the project to this agency as an “Update” (including an updated PNDI receipt, project narrative, description of project changes and accurate map). As a reminder, this finding applies to potential impacts under DCNR’s jurisdiction only. Visit the PNHP website for directions on contacting the Commonwealth’s other resource agencies for environmental review.

Should you have any questions or concerns, please contact Megan Pulver, Ecological Information Specialist, by phone (717-705-2819) or via email (c-mpulver@pa.gov).

Sincerely

Greg Podniesinski, Section Chief

Natural Heritage Section http://www.dcnr.pa.gov/Conservation/WildPlants/InvasivePlants/Pages/default.aspx

Division of Environmental Services Watershed Analysis Section

595 E Rolling Ridge Dr.

Bellefonte, PA 16823

July 13, 2018

IN REPLY REFER TO

SIR# 49588

FEDERAL HIGHWAY ADMINISTRATION

Lisa Landers 21400 Ridgetop Circle Sterling, Pennsylvania 20166

RE: Species Impact Review (SIR) – Rare, Candidate, Threatened and Endangered Species PNDI Search No. 648259 Adams Creek Bridge Repair and Scour Protection PIKE County: Delaware Township

Dear Lisa Landers:

This responds to your inquiry about a Pennsylvania Natural Diversity Inventory (PNDI) Internet Database search “potential conflict” or a threatened and endangered species impact review. These projects are screened for potential conflicts with rare, candidate, threatened or endangered species under Pennsylvania Fish & Boat Commission jurisdiction (fish, reptiles, amphibians, aquatic invertebrates only) using the Pennsylvania Natural Diversity Inventory (PNDI) database and our own files. These species of special concern are listed under the Endangered Species Act of 1973, the Wild Resource Conservation Act, and the Pennsylvania Fish & Boat Code (Chapter 75), or the Wildlife Code.

According to this submission and our records there have been no changes in the project or on-site biological information; therefore, the Commission’s comments regarding potential impacts to rare, candidate, threatened, or endangered species under our jurisdiction, as detailed in our letter of May 23rd 2018 for SIR#49588 , remain unchanged.

This response represents the most up-to-date summary of the PNDI data and our files and is valid for two (2) years from the date of this letter. An absence of recorded species information does not necessarily imply species absence. Our data files and the PNDI system are continuously being updated with species occurrence information. Should project plans change or additional information on listed or proposed species become available, this determination may be reconsidered, and consultation shall be re-initiated.

SIR # 49588 Page 2 July 13, 2018

If you have any questions regarding this review, please contact Dakota Raab at 814-359-5117 and refer to the SIR # 49588. Thank you for your cooperation and attention to this important matter of species conservation and habitat protection.

Sincerely, Dakota Raab, Fisheries Biologist Watershed Analysis Section

DR/dn

Pennsylvania Department of Conservation and Natural Resources Project Search ID: PNDI-648251 PNDI Receipt: project_receipt_bushkill_bridge_repair_sc_648251_FINAL_1.pdf

1. PROJECT INFORMATION

Project Name: Bushkill Bridge Repair and Scour Protection Date of Review: 3/8/2018 03:15:19 PM Project Category: Transportation, Structures and Bridges, Bridge Preservation, Restoration and/or Rehabilitation Project Area: 2.32 acres County(s): Monroe; Pike Township/Municipality(s): LEHMAN; MIDDLE SMITHFIELD ZIP Code: 18324 Quadrangle Name(s): BUSHKILL Watersheds HUC 8: Middle Delaware-Mongaup-Brodhead Watersheds HUC 12: Little Bush Kill; Lower Bush Kill Decimal Degrees: 41.091596, -75.002973 Degrees Minutes Seconds: 41° 5' 29.7455" N, 75° 0' 10.7016" W

2. SEARCH RESULTS

Agency Results Response PA Game Commission No Known Impact No Further Review Required

PA Department of Conservation and Natural Resources

Potential Impact FURTHER REVIEW IS REQUIRED, See Agency Response

PA Fish and Boat Commission Potential Impact FURTHER REVIEW IS REQUIRED, See Agency Response

U.S. Fish and Wildlife Service Potential Impact MORE INFORMATION REQUIRED, See Agency Response

As summarized above, Pennsylvania Natural Diversity Inventory (PNDI) records indicate there may be potential impacts to threatened and endangered and/or special concern species and resources within the project area. If the response above indicates "No Further Review Required" no additional communication with the respective agency is required. If the response is "Further Review Required" or "See Agency Response," refer to the appropriate agency comments below. Please see the DEP Information Section of this receipt if a PA Department of Environmental Protection Permit is required.

Note that regardless of PNDI search results, projects requiring a Chapter 105 DEP individual permit or GP 5, 6, 7, 8, 9 or 11 must comply with the bog turtle habitat screening requirements of the PASPGP.

RESPONSE TO QUESTION(S) ASKED

Q1: Will the entire project occur on-land or on existing structures with no activities or impacts occurring in a waterway or water body (river, creek, stream, tributary, lake, pond)?

Your answer is: No

Q2: Accurately describe what is known about wetland presence in the project area or on the land parcel by selecting ONE of the following. "Project" includes all features of the project (including buildings, roads, utility lines, outfall and intake structures, wells, stormwater retention/detention basins, parking lots, driveways, lawns, etc.), as well as all associated impacts (e.g., temporary staging areas, work areas, temporary road crossings, areas subject to grading or clearing, etc.). Include all areas that will be permanently or temporarily affected -- either directly or indirectly -- by any type of disturbance (e.g., land clearing, grading, tree removal, flooding, etc.). Land parcel = the lot(s) on which some type of project(s) or activity(s) are proposed to occur.

Your answer is: The project area (or land parcel) has not been investigated by someone qualified to identify and delineate wetlands, or it is currently unknown if the project or project activities will affect wetlands.

Q3: Select the statement below that accurately describes where the proposed project and project-associated activities will occur. "Project" includes all features of the project (including buildings, roads, utility lines, outfall and intake structures, wells, stormwater retention/detention basins, parking lots, driveways, lawns, etc.), as well as all associated impacts (e.g., temporary staging areas, work areas, temporary road crossings, areas subject to grading or clearing, etc.).

Your answer is: Some project activities will or might occur in a waterway (river, creek, stream, tributary) or waterbody (lake, pond), or on the banks of a waterway or waterbody.

3. AGENCY COMMENTS

Regardless of whether a DEP permit is necessary for this proposed project, any potential impacts to threatened and endangered species and/or special concern species and resources must be resolved with the appropriate jurisdictional agency. In some cases, a permit or authorization from the jurisdictional agency may be needed if adverse impacts to these species and habitats cannot be avoided.

These agency determinations and responses are valid for two years (from the date of the review), and are based on the project information that was provided, including the exact project location; the project type, description, and features; and any responses to questions that were generated during this search. If any of the following change: 1) project location, 2) project size or configuration, 3) project type, or 4) responses to the questions that were asked during the online review, the results of this review are not valid, and the review must be searched again via the PNDI Environmental Review Tool and resubmitted to the jurisdictional agencies. The PNDI tool is a primary screening tool, and a desktop review may reveal more or fewer impacts than what is listed on this PNDI receipt. The jursidictional agencies strongly advise against conducting surveys for the species listed on the receipt prior to consultation with the agencies.

PA Game Commission

RESPONSE:

No Impact is anticipated to threatened and endangered species and/or special concern species and resources.

PA Department of Conservation and Natural Resources

RESPONSE:

Further review of this project is necessary to resolve the potential impact(s). Please send project information to this agency for review (see WHAT TO SEND).

DCNR Species: (Note: The Pennsylvania Conservation Explorer tool is a primary screening tool, and a desktop review may reveal more or fewer species than what is listed below. After desktop review, if a botanical survey is required by DCNR, we recommend the DCNR Botanical Survey Protocols, available here:

https://conservationexplorer.dcnr.pa.gov/content/survey-protocols)

Scientific Name Common Name Current Status Proposed Status Survey Window

Ranunculus aquatilis var.

diffusus

White Water-crowfoot Special Concern Species*

Special Concern Species*

Flowers May - July

PA Fish and Boat Commission

RESPONSE:

Further review of this project is necessary to resolve the potential impact(s). Please send project information to this agency for review (see WHAT TO SEND).

PFBC Species: (Note: The Pennsylvania Conservation Explorer tool is a primary screening tool, and a desktop review may reveal more or fewer species than what is listed below.)

Scientific Name Common Name Current Status

Anodonta implicata Alewife Floater Special Concern Species*

Sensitive Species** Endangered

Sensitive Species** Endangered

U.S. Fish and Wildlife Service

RESPONSE:

Information Request: Conduct a Bog Turtle Habitat (Phase 1) Survey in accordance with USFWS Guidelines for Bog Turtle Surveys (April 2006). Evaluate all wetlands within 300 feet of the project area, which includes all areas that will be impacted by earth disturbance or project features (e.g., roads, structures, utility lines, lawns, detention basins, staging areas, etc.). IF THE PHASE 1 SURVEY IS DONE BY A QUALIFIED BOG TURTLE SURVEYOR (see https://www.fws.gov/northeast/pafo/endangered/surveys.html): 1) Send positive results to USFWS for concurrence, along with a project description documenting how impacts will be avoided. OR, conduct a Phase 2 survey and send Phase 1 and 2 results to USFWS for concurrence. 2) Send a courtesy copy of negative results to USFWS (label as "Negative Phase 1 Survey Results by Qualified Bog Turtle Surveyor: USFWS Courtesy Copy"). USFWS approval of negative results is not necessary when a qualified surveyor does the survey in full accordance with USFWS guidelines.

IF THE PHASE 1 SURVEY IS NOT DONE BY A QUALIFIED SURVEYOR: Send ALL Phase 1 results to USFWS for concurrence, and if potential habitat is found, also send a project description documenting how impacts will be avoided.

As a qualified bog turtle surveyor, I _________________ (name) certify that I conducted a Phase 1 survey of all wetlands in and within 300 feet of the project area on ____________(date) and determined that bog turtle habitat is absent.

____________________________ (Signature)

* Special Concern Species or Resource - Plant or animal species classified as rare, tentatively undetermined or candidate as well as other taxa of conservation concern, significant natural communities, special concern populations (plants or animals) and unique geologic features.

** Sensitive Species - Species identified by the jurisdictional agency as collectible, having economic value, or being susceptible to decline as a result of visitation.

https://www.fws.gov/northeast/pafo/endangered/surveys.html

WHAT TO SEND TO JURISDICTIONAL AGENCIES

If project information was requested by one or more of the agencies above, upload* or email* the following information to the agency(s). Instructions for uploading project materials can be found here. This option provides the applicant with the convenience of sending project materials to a single location accessible to all three state agencies.

Alternatively, applicants may email or mail their project materials (see AGENCY CONTACT INFORMATION).

*Note: U.S.Fish and Wildlife Service requires applicants to mail project materials to the USFWS PA field office (see AGENCY CONTACT INFORMATION). USFWS will not accept project materials submitted electronically (by upload or email).

Check-list of Minimum Materials to be submitted:

____Project narrative with a description of the overall project, the work to be performed, current physical characteristics of the site and acreage to be impacted.

____A map with the project boundary and/or a basic site plan(particularly showing the relationship of the project to the physical features such as wetlands, streams, ponds, rock outcrops, etc.)

In addition to the materials listed above, USFWS REQUIRES the following ____SIGNED copy of a Final Project Environmental Review Receipt

The inclusion of the following information may expedite the review process.

____Color photos keyed to the basic site plan (i.e. showing on the site plan where and in what direction each photo was taken and the date of the photos) ____Information about the presence and location of wetlands in the project area, and how this was determined (e.g., by a qualified wetlands biologist), if wetlands are present in the project area, provide project plans showing the location of all project features, as well as wetlands and streams.

4. DEP INFORMATION

The Pa Department of Environmental Protection (DEP) requires that a signed copy of this receipt, along with any required documentation from jurisdictional agencies concerning resolution of potential impacts, be submitted with applications for permits requiring PNDI review. Two review options are available to permit applicants for handling PNDI coordination in conjunction with DEP’s permit review process involving either T&E Species or species of special concern. Under sequential review, the permit applicant performs a PNDI screening and completes all coordination with the appropriate jurisdictional agencies prior to submitting the permit application. The applicant will include with its application, both a PNDI receipt and/or a clearance letter from the jurisdictional agency if the PNDI Receipt shows a Potential Impact to a species or the applicant chooses to obtain letters directly from the jurisdictional agencies. Under concurrent review, DEP, where feasible, will allow technical review of the permit to occur concurrently with the T&E species consultation with the jurisdictional agency. The applicant must still supply a copy of the PNDI Receipt with its permit application. The PNDI Receipt should also be submitted to the appropriate agency according to directions on the PNDI Receipt. The applicant and the jurisdictional agency will work together to resolve the potential impact(s). See the DEP PNDI policy at https://conservationexplorer.dcnr.pa.gov/content/resources.

/content/upload-instructions

5. ADDITIONAL INFORMATION

The PNDI environmental review website is a preliminary screening tool. There are often delays in updating species status classifications. Because the proposed status represents the best available information regarding the conservation status of the species, state jurisdictional agency staff give the proposed statuses at least the same consideration as the current legal status. If surveys or further information reveal that a threatened and endangered and/or special concern species and resources exist in your project area, contact the appropriate jurisdictional agency/agencies immediately to identify and resolve any impacts.

For a list of species known to occur in the county where your project is located, please see the species lists by county found on the PA Natural Heritage Program (PNHP) home page (www.naturalheritage.state.pa.us). Also note that the PNDI Environmental Review Tool only contains information about species occurrences that have actually been reported to the PNHP.

6. AGENCY CONTACT INFORMATION

PA Department of Conservation and Natural Resources Bureau of Forestry, Ecological Services Section 400 Market Street, PO Box 8552

Endangered Species Section 110 Radnor Rd; Suite 101 State College, PA 16801 NO Faxes Please

PA Fish and Boat Commission Division of Environmental Services 595 E. Rolling Ridge Dr., Bellefonte, PA 16823 Email: RA-FBPACENOTIFY@pa.gov

PA Game Commission Bureau of Wildlife Habitat Management Division of Environmental Planning and Habitat Protection 2001 Elmerton Avenue, Harrisburg, PA 17110-9797 Email: RA-PGC_PNDI@pa.gov NO Faxes Please

7. PROJECT CONTACT INFORMATION

Name:______________________________________________________________ Company/Business Name:______________________________________________ Address:____________________________________________________________ City, State, Zip:_______________________________________________________ Phone:(_____)_________________________Fax:(______)___________________ Email:_____________________________________________________________

8. CERTIFICATION

I certify that ALL of the project information contained in this receipt (including project location, project size/configuration, project type, answers to questions) is true, accurate and complete. In addition, if the project type, location, size or configuration changes, or if the answers to any questions that were asked during this online review change, I agree to re-do the online environmental review.

applicant/project proponent signature date

Powered by TCPDF (www.tcpdf.org) http://www.naturalheritage.state.pa.us mailto:RA-HeritageReview@pa.gov mailto:RA-FBPACENOTIFY@pa.gov

BUREAU OF FORESTRY

March 9, 2018 PNDI Number: 648251

Version: Final_1; 3/08/18

Lisa Landers

Federal Highway Administration

21400 Ridgetop Circle

Sterling, VA 20166

Email: Lisa.Landers@dot.gov (hard copy will not follow)

Re: Bushkill Bridge Repair and Scour Protection

Lehman and Middle Smithfield Townships, Pike and Monroe Counties, PA

Ms. Landers, Thank you for the submission of the Pennsylvania Natural Diversity Inventory (PNDI) Environmental Review

Receipt Number 648251 for review. PA Department of Conservation and Natural Resources screened this project for potential impacts to species and resources under DCNR’s responsibility, which includes plants, terrestrial invertebrates, natural communities, and geologic features only.

No Impact Anticipated

PNDI records indicate that Ranunculus aquatilis var. diffusus (white water crowfoot) is located in the vicinity of the project. However, based on the information you submitted concerning the scope of work, construction plans, the immediate location, and our detailed resource information, DCNR has determined that no impact is likely. No further coordination with our agency is needed for this project.

Recommended Action

DCNR recommends the following measures to help prevent the spread of invasive species:

• Clean boot treads, construction equipment, and vehicles thoroughly (especially the undercarriage and wheels) before they are brought on site. This will remove invasive plant seeds and invasive earthworms/cocoons that may have been picked up at other sites.

• Do not transport unsterilized leaves, mulch, compost, or soil to the site from another location.

• When revegetating disturbed areas, do not use plantings or seed mixes that include invasive species. Please also use weed-free straw or hay mixes. More information about invasive species in Pennsylvania can be found at the following link:

http://www.dcnr.pa.gov/Conservation/WildPlants/InvasivePlants/Pages/default.aspx

• Use habitat appropriate plantings/seed mixes and use native species when practicable. The Bureau of

Forestry Planting and Seeding Guidelines can be found here for reference:

This response represents the most up-to-date review of the PNDI data files and is valid for two (2) years only. If project plans change or more information on listed or proposed species becomes available, our determination may be reconsidered. Should the proposed work continue beyond the period covered by this letter and a permit has not been acquired, please resubmit the project to this agency as an “Update” (including an updated PNDI receipt, project narrative, description of project changes and accurate map). As a reminder, this finding applies to potential http://www.dcnr.pa.gov/Conservation/WildPlants/InvasivePlants/Pages/default.aspx

PNDI Number: 648251

Version: Final_1; 3/08/18 impacts under DCNR’s jurisdiction only. Visit the PNHP website for directions on contacting the Commonwealth’s other resource agencies for environmental review.

Should you have any questions or concerns, please contact Megan Pulver, Ecological Information Specialist, by phone (717-705-2819) or via email (c-mpulver@pa.gov).

Sincerely

Greg Podniesinski, Section Chief

Natural Heritage Section

Natural Diversity Section

595 E Rolling Ridge Dr.

Bellefonte, PA 16823

814-359-5237

April 6, 2018

IN REPLY REFER TO

SIR# 49180

Federal Highway Administration Lisa Landers 21400 Ridgetop Circle Sterling, Virginia 20166

RE: Species Impact Review (SIR) – Rare, Candidate, Threatened and Endangered Species PNDI Search No. 648251_1 Bushkill Bridge Repair & Scour Protectin MONROE County: Middle Smithfield Township - PIKE County: Lehman Township

Dear Lisa Landers:

This responds to your inquiry about a Pennsylvania Natural Diversity Inventory (PNDI) Internet Database search “potential conflict” or a threatened and endangered species impact review. These projects are screened for potential conflicts with rare, candidate, threatened or endangered species under Pennsylvania Fish & Boat Commission jurisdiction (fish, reptiles, amphibians, aquatic invertebrates only) using the Pennsylvania Natural Diversity Inventory (PNDI) database and our own files. These species of special concern are listed under the Endangered Species Act of 1973, the Wild Resource Conservation Act, and the Pennsylvania Fish & Boat Code (Chapter 75), or the Wildlife Code.

An element occurrence of a rare, candidate, threatened, or endangered species under our jurisdiction is known from the vicinity of the proposed project. However, given the nature of the proposed project, the immediate location, or the current status of the nearby element occurrence(s), no adverse impacts are expected to the species of special concern.

This response represents the most up-to-date summary of the PNDI data and our files and is valid for two (2) years from the date of this letter. An absence of recorded species information does not necessarily imply species absence. Our data files and the PNDI system are continuously being updated with species occurrence information. Should project plans change or additional information on listed or proposed species become available, this determination may be reconsidered, and consultation shall be re-

SIR # 49180 Page 2 April 6, 2018

If you have any questions regarding this review, please contact Nevin Welte at 412-586-2334 and refer to the SIR # 49180. Thank you for your cooperation and attention to this important matter of species conservation and habitat protection.

Sincerely, Christopher A. Urban, Chief

CAU/NTW/dn

Pennsylvania Department of Conservation and Natural Resources Project Search ID: PNDI-648278 PNDI Receipt: project_receipt_conashaugh_creek_culvert__648278_FINAL_1.pdf

1. PROJECT INFORMATION

Project Name: Conashaugh Creek Culvert Repairs Date of Review: 3/8/2018 03:07:17 PM Project Category: Transportation, Roads, Other Project Area: 0.17 acres County(s): Pike Township/Municipality(s): DELAWARE ZIP Code: 18328 Quadrangle Name(s): MILFORD Watersheds HUC 8: Middle Delaware-Mongaup-Brodhead Watersheds HUC 12: Shimers Brook-Delaware River Decimal Degrees: 41.271068, -74.847978 Degrees Minutes Seconds: 41° 16' 15.8456" N, 74° 50' 52.7197" W

2. SEARCH RESULTS

Agency Results Response PA Game Commission No Known Impact No Further Review Required

PA Department of Conservation and Natural Resources

Conservation Measure No Further Review Required, See Agency Comments

PA Fish and Boat Commission Potential Impact FURTHER REVIEW IS REQUIRED, See Agency Response

U.S. Fish and Wildlife Service Potential Impact FURTHER REVIEW IS REQUIRED, See Agency Response

As summarized above, Pennsylvania Natural Diversity Inventory (PNDI) records indicate there may be potential impacts to threatened and endangered and/or special concern species and resources within the project area. If the response above indicates "No Further Review Required" no additional communication with the respective agency is required. If the response is "Further Review Required" or "See Agency Response," refer to the appropriate agency comments below. Please see the DEP Information Section of this receipt if a PA Department of Environmental

RESPONSE TO QUESTION(S) ASKED

Q1: Will the project require permanent alteration or removal of natural…