Attachment 8 - IPaC List_21June2019.pdf

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Missouri Ecological Services Field Office

101 Park Deville Drive

Suite A

Columbia, MO 65203-0057

Phone: (573) 234-2132 Fax: (573) 234-2181

In Reply Refer To:

Consultation Code: 03E14000-2019-SLI-2206

Event Code: 03E14000-2019-E-05102

Project Name: Audubon Trail Improvement Project

Subject: List of threatened and endangered species that may occur in your proposed project location, and/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

(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 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.

June 21, 2019

06/21/2019 Event Code: 03E14000-2019-E-05102 2

Consultation Technical Assistance

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, pipelines, buried utilities, telecommunications, and requests for a Conditional Letter of Map Revision (CLOMR) from FEMA.

Federally Listed Bat Species

Indiana bats, gray bats, and northern long-eared bats occur throughout Missouri and the information below may help in determining if your project may affect these species.

Gray bats - Gray bats roost in caves or mines year-round and use water features and forested riparian corridors for foraging and travel. If your project will impact caves, mines, associated riparian areas, or will involve tree removal around these features particularly within stream corridors, riparian areas, or associated upland woodlots gray bats could be affected.

Indiana and northern long-eared bats - These species hibernate in caves or mines only during the winter. In Missouri the hibernation season is considered to be November 1 to March 31. During the active season in Missouri (April 1 to October 31) they roost in forest and woodland habitats.

Suitable summer habitat for Indiana bats and 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 5 inches diameter at breast height (dbh) for Indiana bat, and 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. Tree species often include, but are not limited to, shellbark or shagbark hickory, white oak, cottonwood, and maple. 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 other 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, Indiana bats or 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.

https://www.fws.gov/midwest/Endangered/section7/no_effect/index.html

06/21/2019 Event Code: 03E14000-2019-E-05102 3

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 #3 below) then project proponents can conclude the proposed activities 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.

3. If IPac returns a result that one or more federally listed bat species (Indiana bat, northern long-eared bat, or gray bat) are potentially present in the action area of the proposed project, project proponents can conclude the proposed activities may affect these bat species IF one or more of the following activities are proposed:

a. Clearing or disturbing suitable roosting habitat, as defined above, at any time of year;

b. Any activity in or near the entrance to a cave or mine;

c. Mining, deep excavation, or underground work within 0.25 miles of a cave or mine;

d. Construction of one or more wind turbines; or

e. 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 listed bat species. 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 in areas where one or more bat species may be present, project proponents can conclude the proposed activities may affect one or more bat species. We recommend coordinating with the Service as early as possible during project planning. If your project will involve removal of over 5 acres of suitable forest or woodland habitat, we recommend you complete a Summer Habitat Assessment prior to contacting our office to expedite the consultation process. The Summer Habitat Assessment Form is available in

Appendix A of the most recent version of the Range-wide Indiana Bat Summer Survey

Guidelines.

Other Trust Resources and Activities https://www.fws.gov/midwest/Endangered/section7/s7process/letters.html https://www.fws.gov/midwest/Endangered/section7/s7process/lifehistory.html https://www.fws.gov/midwest/Endangered/section7/s7process/lifehistory.html https://www.fws.gov/midwest/Endangered/section7/s7process/letters.html https://www.fws.gov/midwest/endangered/mammals/inba/inbasummersurveyguidance.html https://www.fws.gov/midwest/endangered/mammals/inba/inbasummersurveyguidance.html

06/21/2019 Event Code: 03E14000-2019-E-05102 4

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.

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.

Next Steps

Should you determine that project activities may affect any federally listed species or trust resources described herein, 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.

If you have not already done so, please contact the Missouri Department of Conservation (Policy

Coordination, P. O. Box 180, Jefferson City, MO 65102) for information concerning Missouri

Natural Communities and Species of Conservation Concern.

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

https://www.fws.gov/birds/management/project-assessment-tools-and-guidance/guidance-documents/communication-towers.php http://www.aplic.org/mission.php https://www.fws.gov/ecological-services/es-library/pdfs/WEG_final.pdf https://www.fws.gov/migratorybirds/pdf/management/eagleconservationplanguidance.pdf https://www.fws.gov/migratorybirds/pdf/management/eagleconservationplanguidance.pdf

06/21/2019 Event Code: 03E14000-2019-E-05102 5

Karen Herrington

Attachment(s):

▪ Official Species List

▪ USFWS National Wildlife Refuges and Fish Hatcheries

▪ Wetlands

06/21/2019 Event Code: 03E14000-2019-E-05102 1

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:

Missouri Ecological Services Field Office

101 Park Deville Drive

Suite A

Columbia, MO 65203-0057

(573) 234-2132

06/21/2019 Event Code: 03E14000-2019-E-05102 2

Project Summary Consultation Code: 03E14000-2019-SLI-2206

Event Code: 03E14000-2019-E-05102

Project Name: Audubon Trail Improvement Project

Project Type: LAND - RESTORATION / ENHANCEMENT

Project Description: The Audubon Trail is a 12-mile loop trail, with two separate 6-mile loops, one north and one south of Forest Road 2199. The terrain is steep with vertical relief of up to 300 feet. Much of the trail is placed adjacent to perennial streams and a few sections are aligned with the slope of the hillsides. Poor trail placement and alignment leaves the trail susceptible to erosion. Due to the record flood event of 2017, both the trail corridor and trail tread received extensive damage. There are approximately 47 damaged sites of approximately 12,520 feet (2.4 miles) along the 12-mile trail, ranging from mild (grading may be required) to severe (trail realignment and bank stabilization). The work that's done will make a more resilient trail that has less erosion. Providing recreation opportunities that are free from recurrent flooding impacts would reduce the safety risk and hazards to trail users and reduce environmental impacts of sediment continually washing downstream into Bidwell Creek and

Coldwater Creek, which are headwaters of Saline Creek.

The proposal is to repair the major washouts at the identified sites, and provide preventative solutions at certain locations along the trail. These solutions may include trail realignment, berm traps, and placed riprap to prevent future washouts. Other erosion control methods may be implemented, including additional aggregate placement, embankment, and ditch reconditioning.

The project will have four primary proposed actions: trail repair, trail realignment, streambank stabilization, or trail decommissioning. The areas identified for realignment have a 6-foot clearing width and up to a

60-inch native compacted tread surface, some locations will require grading or backfill with suitable material.

Locations to be realigned include those areas where user-made trail around wash-outs or obstacles serves as better placement of the trail than the original route. Decommissioning of existing trail equates to closure of the trail, which may include restoration of the trail to be blended in with the adjacent contour and landscape, as well as those erosion control methods already identified above. Trail realignment may also include instances where long downslope sections of trail need to be realigned to prevent erosion. Streambank stabilization will consist of grading the

06/21/2019 Event Code: 03E14000-2019-E-05102 3 streambank to a 3:1 ratio which will not exceed a total width of 30 feet.

Rip-rap will then be placed as appropriate.

Equipment that may be used to accomplish the work include, but is not limited to: skid steers, dump trucks, trail dozers, mini-excavators and other heavy equipment.

Upon completion of the work, travelways may be recontoured and areas wider than the trail specifications may be revegetated according to FS standards and guidelines

Project Location:

Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/37.71431216584578N90.15779083849355W

Counties: Ste. Genevieve, MO https://www.google.com/maps/place/37.71431216584578N90.15779083849355W https://www.google.com/maps/place/37.71431216584578N90.15779083849355W

06/21/2019 Event Code: 03E14000-2019-E-05102 4

Endangered Species Act Species There is a total of 3 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.

1. 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

Gray Bat Myotis grisescens No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/6329

Endangered

Indiana Bat Myotis sodalis There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/5949

Endangered

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

Critical habitats

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

JURISDICTION.

https://www.fisheries.noaa.gov/ https://ecos.fws.gov/ecp/species/6329 https://ecos.fws.gov/ecp/species/5949 https://ecos.fws.gov/ecp/species/9045

USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a

'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

http://www.fws.gov/refuges/

Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section

404 of the Clean Water Act, or other State/Federal statutes.

For more information please contact the Regulatory Program of the local U.S. Army Corps of

Engineers District.

Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.

RIVERINE

▪ R2UBG

▪ R4SBC

▪ R5UBH

http://www.fws.gov/wetlands/ http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=R2UBG https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=R4SBC https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=R5UBH