Categorical Exclusion Form (NEPA).pdf

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

NP ANTI 300(2), 307(1) ETC

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: NP ANTI 300(2), 307(1) ETC Date: 4/2/2021

Project Name: NP ANTI 300(2), 307(1) ETC Pavement preservation of Park Roads, Parking areas, Reconstruction of Burnside Bridge Accessible Pathway and parking lot and Bridge preventative maintenance at Sherricks Run Bridge.

Location: National Park Service, Antietam National Battlefield, Washington County, Maryland

CE Category 23 CFR 771.117 (c)(3): Construction of bicycle and pedestrian lanes, paths, and facilities.

23 CFR 771.117 (c)(26): Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders or auxiliary lanes (including parking, weaving, turning and climbing lanes) if the action meets the constraints in paragraph

(e) [..]

See 23 CFR 771.117 for full description of CE categories, including additional requirements when applying (c)26-28.

Project Description The scope of this work includes pavement preservation for the Antietam National Battlefield.

Asphalt concrete patching, crack cleaning and sealing, thin asphalt concrete overlay, and other miscellaneous work would occur on identified roads and parking areas. Temporary traffic control would be employed as part of the project. The park prefers to use brown aggregate in pavement preservation treatment on some of their road and parking areas for an aesthetic look. Crack sealing, thin asphalt overlay, and patching work will be required on the identified roads and parking areas before applying any type of treatment.

The Burnside Bridge Accessible Pathway would be replaced. The pedestrian pathway is 485 feet long and 10 feet wide. The current pathway does not meet ADA and ABAAS standards. The existing pathway consists of a loose stone aggregate path with a GravelPave system base. The surface would be replaced with an asphalt or exposed concrete pathway. The existing pathway has poor drainage leading to standing water throughout the year; therefore, the new paved trail would be constructed with positive drainage towards Antietam Creek.

https://www.ecfr.gov/cgi-bin/text-idx?SID=842bb87055f89f1d0ff242f2b9e20ff7&mc=true&node=pt23.1.771&rgn=div5#se23.1.771_1117

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

The project also includes minor bridge repairs and a new sidewalk at Sherricks Run Bridge. The plan calls for modification to the bridge structure to make it safe for pedestrian use while minimizing impacts to the bridge's character-defining features. Proposed work includes:

- Repair minor concrete spall (2 inch x 3 inch) on southeast comer

- Repair spalling on North backwall

- Patching in the deck at south approach Repair spalling and cracking on east parapets above the County Rd

- Milling and overlaying at the south approach

- Replacement of missing grate drain hold-down bolts

- Add 4-feet sidewalk on the left and delineate with the flexible tubes and solid striping

A crushed culvert at a secondary entrance lane to the D.R. Miller Farm along Dunker Church Road would be replaced. The pipe, inlet and outlet would be removed and a small concrete swale would be constructed over the non-historic lane to carry any storm water.

Environmental Commitments and Mitigation Measures N/A

Summary of Section 7 of the Endangered Species Act Compliance The project will have no effect to the two listed bat species within the project area (Northern Long Eared Bat and Indiana Bat). The project consists of pavement rehabilitation and replacement of existing structures. The bridge replacement project will not result in effects to suited bat habitat elements. There are no roosting trees within the project area. No tree removal or slash burning is necessary for project. Therefore, the NP Antietam National Battlefield pavement rehabilitation project would have no effect to listed species.

Summary of Section 106 of the National Historic Preservation Act Compliance The NP ANTI 300(2), 307(1) project will have no adverse effect to historic properties. The majority of the project entails rehabilitation and improvements to roads, sidewalks and bridges at various locations within the park. These actions would improve existing sidewalks and bridges and would not involve substantive ground disturbance outside of areas previously impacted for the construction of these features. One part of the project entails parking and road/trail improvements leading to Burnside Bridge. There was substantial fighting and burials (exhumed) near the area of potential effects (APE). The foot print of the roadway and trail have been previously graded and paved. Work to rehabilitate this road, trail, and proposed parking improvements will have no adverse effect on archeological resources provided all work stays within the footprint of the roadway and reconstruction of the road bed does not exceed existing depth of disturbances.

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

For architectural historic features, a new fence would be constructed at the Burnside Bridge accessible parking lot. The new fence would be in character with the other fences in the Burnside Bridge district. Therefore, the NP ANTI 300(2), 307(1) project would have no adverse effect to historic properties.

The project qualifies for a streamlined Section 106 review under the following National Park Service (NPS)/State Historical Preservation Office (SHPO) approved categories:

2. Rehabilitation and/or Minor Relocation of Existing Trails, Walks, Paths, and Sidewalks

3. Repair/Resurfacing/Removal of Existing, Roads, Trails and Parking Areas

13. Meeting Accessibility Standards in Historic Structures and Cultural Landscapes

On December 7, 2020, the Maryland SHPO concurred with the NPS’ findings of no adverse effect to historical properties. The FHWA EFL also concurs with the NPS’ findings under their streamlined Section 106 review.

Additional Agency Coordination and Compliance N/A

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

Categorical Exclusion Recommendation:

On the basis of the environmental impact information in the statutory compliance file, with which I am familiar, I believe the project should be categorically excluded from further NEPA analysis.

____________________________________ ____April 2, 2021___ Nicholle Braspennickx Environmental Protection Specialist

Federal Highway Administration

Date

Categorical Exclusion Determination:

On the basis of the environmental impact information in the statutory compliance file, with which I am familiar, I am categorically excluding the described project from further NEPA analysis. The project meets the 23 CFR 771.117(a) definition of a categorical exclusion. No unusual circumstances per 23 CFR 771.117(b) apply.

Kevin S. Rose Environmental Team Leader

Federal Highway Administration

Date

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

Appendix A: Environmental Checklist

Section 7 of the Endangered Species Act:

• Are Federally-listed species potentially present in the study area? ☐Yes, see Notesi ☒No If Yes, effects determination:

☒No Effect ☐May Affect, Not Likely to Adversely Affect ☐May Affect, Likely to Adversely Affect

Section 106 of the National Historic Preservation Act:

• Are historic properties known to be present in the study area? ☒Yes ☐No

If Yes, will they be impacted by the project? ☒Yes ☐No

• Will previously undisturbed ground be disturbed?

☐Yes ☒No

• Effects determination:

☐No Historic Properties Affected ☒No Adverse Effect ☐Adverse Effect, MOA Executed

• Was tribal consultation completed? ☐Yes ☒No

Water and Wetlands:

• Section 404 of the Clean Water Act

Are impacts to Waters of the US anticipated? ☐Yes ☒No If Yes, approval anticipated:

☐Nationwide Permit (NWP) ☐Regional General Permit ☐Individual Permit

• Section 401 of the Clean Water Act ☐NWP certified by State ☐Individual Certification

• Section 402 of the Clean Water Act (National Pollutant Discharge Elimination System) Will the land disturbance threshold likely be exceeded to require a permit and SWPPP?

☐Yes ☒ No

• Is post-construction stormwater management review/approval anticipated? ☐Yes ☒No

• ☒Project is consistent with Executive Order 11990, Protection of Wetlands

Floodplains:

• Is the project in a FEMA floodplain?

☒Yes ☐No ☐ Floodplain not mapped

• ☒ Project is consistent with Executive Order 11988, Floodplain Management

Section 4(f) of the USDOT Act:

• Does the project meet the Section 4(f) exemption for Federal lands transportation facilities under

Section 1119(c)(2) of MAP-21, 23 U.S.C. 138(a)? ☒Yes ☐No

• Is there a use of a Section 4(f) property in the study area? ☐Yes ☒No

If Yes, De Minimis Finding:☐ Programmatic:☐ Individual 4(f): ☐

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

Section 6(f) of the Land and Water Conservation Fund:

• Was the property purchased with grant funds from the Land and Water Conservation Fund?

☐Yes ☒No

• If Yes, was documentation of approval from National Park Service Director received for the conversion or replacement of 6(f) property? ☐Yes ☐No Coastal Zone Management Act of 1972:

• Is the project in a Coastal Zone? ☐Yes ☒No

• If yes, will a Federal Consistency Review be completed? ☐Yes ☐No

Right of Way:

• Is the project completely within the transportation facility’s right-of-way? ☒Yes ☐No

• If no, will the project require relocations or easements? ☐Yes ☐No

Hazardous Waste and Materials:

• Are hazardous materials or contamination exceeding regulatory thresholds (as set by U.S. EPA, County Environmental Health, etc.) present? ☐Yes ☒No

• If Yes, is the nature and extent of the hazardous materials or contamination fully known? ☐Yes ☐No, plan for securing information provided in Notes Section 7(a) of the Wild and Scenic Rivers Act:

• Are there Wild and Scenic Rivers? ☐Yes ☒No ☐Eligible If Yes, has review by the river-administering agency been completed? ☐Yes ☐No

Clean Air Act:

• Is the project in a non-attainment area? ☐Yes ☒No

If Yes, is the project on the Transportation Improvement Program(TIP)/State Implementation Plan(SIP)? ☐ Yes ☐No

Highway Traffic and Construction Noise Regulations:

• ☐ The proposed project is a Type I project (highway on a new location, substantial horizontal or vertical alteration, new through or auxiliary lanes). Noise analysis is required.

• ☐ The proposed project is a Type II project (retrofit for noise abatement).

• ☐ The proposed project is a Type III project (noise analysis not required).

• ☒ Does not apply.

Environmental Justice and Title IV Act:

• Is an Environmental Justice population, as identified in Executive Order 12898, present?

☐Yes, explanation provided in Notes section ☒No

• Will the project induce disproportionately high and adverse impacts to minority, low income, or special groups? ☐Yes, additional analysis is needed ☒No Farmland Protection Policy Act for Highway Projects:

• Does the project displace, require acquisition of, or require an easement from farmland?

☐Yes ☒No

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

Does the project affect any other resources not listed above? Explain below and list anticipated permits:

The FHWA EFL concurs with the National Park Service’s determination of Categorical Exclusion dated February 7, 2021.

i Federally-listed species per U.S. Fish and Wildlife Service’s IPaC:

April 02, 2021

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Chesapeake Bay Ecological Services Field Office 177 Admiral Cochrane Drive Annapolis, MD 21401-7307

Phone: (410) 573-4599 Fax: (410) 266-9127 http://www.fws.gov/chesapeakebay/ http://www.fws.gov/chesapeakebay/endsppweb/ProjectReview/Index.html

IPaC Record Locator: 248-100828131

Subject: Consistency letter for the 'NP ANTI 300(2), 307(1) Pavement Preservation' project

(no current TAILS record) under the revised February 5, 2018, FHWA, FRA, FTA Programmatic Biological Opinion for Transportation Projects within the Range of the Indiana Bat and Northern Long-eared Bat.

To whom it may concern:

The U.S. Fish and Wildlife Service (Service) has received your request to verify that the NP ANTI 300(2), 307(1) Pavement Preservation (Proposed Action) may rely on the revised February 5, 2018, FHWA, FRA, FTA Programmatic Biological Opinion for Transportation Projects within the Range of the Indiana Bat and Northern Long-eared Bat (PBO) to satisfy requirements under Section 7(a)(2) of the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et seq.).

Based on the information you provided (Project Description shown below), you have determined that the Proposed Action will have no effect on the endangered Indiana bat (Myotis sodalis) or the threatened Northern long-eared bat (Myotis septentrionalis). If the Proposed Action is not modified, no consultation is required for these two species.

For Proposed Actions that include bridge/structure removal, replacement, and/or maintenance activities: If your initial bridge/structure assessments failed to detect Indiana bats, but you later detect bats during construction, please submit the Post Assessment Discovery of Bats at Bridge/Structure Form (User Guide Appendix E) to this Service Office. In these instances, potential incidental take of Indiana bats may be exempted provided that the take is reported to the Service.

If the Proposed Action may affect any other federally-listed or proposed species and/or designated critical habitat, additional consultation between the lead Federal action agency and this Service Office is required. If the proposed action has the potential to take bald or golden eagles, additional coordination with the Service under the Bald and Golden Eagle Protection Act http://www.fws.gov/chesapeakebay/ http://www.fws.gov/chesapeakebay/endsppweb/ProjectReview/Index.html

04/02/2021 IPaC Record Locator: 248-100828131 2 may also be required. In either of these circumstances, please advise the lead Federal action agency accordingly.

04/02/2021 IPaC Record Locator: 248-100828131 3

Project Description The following project name and description was collected in IPaC as part of the endangered species review process.

Name NP ANTI 300(2), 307(1) Pavement Preservation

Description Pavement preservation in the Antietam National Battlefield. The project also includes the replacement of the Burnside Bridge Accessible Pedestrian Pathway, minor bridge repairs at Sherricks Run Bridge.

04/02/2021 IPaC Record Locator: 248-100828131 4

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Determination Key Result Based on the information you provided, you have determined that the Proposed Action will have no effect on the endangered Indiana bat and/or the threatened Northern long-eared bat. Therefore, no consultation with the U.S. Fish and Wildlife Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (ESA) (87 Stat. 884, as amended 16 U.S.C. 1531 et seq.) is required for these two species.

Qualification Interview Is the project within the range of the Indiana bat ?

[1] See Indiana bat species profile

Automatically answered Yes Is the project within the range of the Northern long-eared bat ?

[1] See Northern long-eared bat species profile

Automatically answered Yes Which Federal Agency is the lead for the action?

A) Federal Highway Administration (FHWA) Are all project activities limited to non-construction activities only? (examples of non-construction activities include: bridge/abandoned structure assessments, surveys, planning and technical studies, property inspections, and property sales)

[1] Construction refers to activities involving ground disturbance, percussive noise, and/or lighting.

No Does the project include any activities that are greater than 300 feet from existing road/ rail surfaces ?

[1] Road surface is defined as the actively used [e.g. motorized vehicles] driving surface and shoulders [may be pavement, gravel, etc.] and rail surface is defined as the edge of the actively used rail ballast.

No Does the project include any activities within 0.5 miles of a known Indiana bat and/or NLEB hibernaculum ?

[1] For the purpose of this consultation, a hibernaculum is a site, most often a cave or mine, where bats hibernate during the winter (see suitable habitat), but could also include bridges and structures if bats are found to be hibernating there during the winter.

No Is the project located within a karst area?

No

[1]

[1]

[1]

[1]

[1] http://ecos.fws.gov/ecp0/profile/speciesProfile?spcode=A000 http://ecos.fws.gov/ecp0/profile/speciesProfile?spcode=A0JE

04/02/2021 IPaC Record Locator: 248-100828131 5

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Is there any suitable summer habitat for Indiana Bat or NLEB within the project action area ? (includes any trees suitable for maternity, roosting, foraging, or travelling habitat)

[1] See the Service’s summer survey guidance for our current definitions of suitable habitat.

[2] The action area is defined as all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action (50 CFR Section 402.02). Further clarification is provided by the national consultation FAQs.

No Does the project include wetland or stream protection activities associated with compensatory wetland mitigation?

No Does the project include slash pile burning?

No Does the project include any bridge removal, replacement, and/or maintenance activities (e.g., any bridge repair, retrofit, maintenance, and/or rehabilitation work)?

Yes Is there any suitable habitat for Indiana bat or NLEB within 1,000 feet of the bridge?

(includes any trees suitable for maternity, roosting, foraging, or travelling habitat)

[1] See the Service’s current summer survey guidance for our current definitions of suitable habitat.

No Does the project include the removal, replacement, and/or maintenance of any structure other than a bridge? (e.g., rest areas, offices, sheds, outbuildings, barns, parking garages, etc.)

No Will the project involve the use of temporary lighting during the active season?

No Will the project install new or replace existing permanent lighting?

No Does the project include percussives or other activities (not including tree removal/ trimming or bridge/structure work) that will increase noise levels above existing traffic/ background levels?

No Are all project activities that are not associated with habitat removal, tree removal/ trimming, bridge and/or structure activities, temporary or permanent lighting, or use of percussives, limited to actions that DO NOT cause any additional stressors to the bat species?

Examples: lining roadways, unlighted signage , rail road crossing signals, signal lighting, and minor road repair such as asphalt fill of potholes, etc.

Yes

[1] [2]

[1] https://www.fws.gov/midwest/endangered/mammals/inba/inbasummersurveyguidance.html https://www.fws.gov/endangered/what-we-do/faq.html#18 https://www.fws.gov/midwest/endangered/mammals/inba/inbasummersurveyguidance.html

04/02/2021 IPaC Record Locator: 248-100828131 6

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Will the project raise the road profile above the tree canopy?

No Is the location of this project consistent with a No Effect determination in this key?

Automatically answered Yes, because the project action area is not within suitable Indiana bat and/or NLEB summer habitat and is outside of 0.5 miles of a hibernaculum.

Is the bridge removal, replacement, or maintenance activities portion of this project consistent with a No Effect determination in this key?

Automatically answered Yes, because the bridge is more than 1,000 feet from the nearest suitable habitat and is therefore considered unsuitable for use by bats

04/02/2021 IPaC Record Locator: 248-100828131 7

Determination Key Description: FHWA, FRA, FTA Programmatic Consultation For Transportation Projects Affecting NLEB Or Indiana Bat This key was last updated in IPaC on December 29, 2020. Keys are subject to periodic revision.

This decision key is intended for projects/activities funded or authorized by the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), and/or Federal Transit Administration (FTA), which may require consultation with the U.S. Fish and Wildlife Service (Service) under Section 7 of the Endangered Species Act (ESA) for the endangered Indiana bat (Myotis sodalis) and the threatened Northern long-eared bat (NLEB) (Myotis septentrionalis).

This decision key should only be used to verify project applicability with the Service’s February 5, 2018, FHWA, FRA, FTA Programmatic Biological Opinion for Transportation Projects. The programmatic biological opinion covers limited transportation activities that may affect either bat species, and addresses situations that are both likely and not likely to adversely affect either bat species. This decision key will assist in identifying the effect of a specific project/activity and applicability of the programmatic consultation. The programmatic biological opinion is not intended to cover all types of transportation actions. Activities outside the scope of the programmatic biological opinion, or that may affect ESA-listed species other than the Indiana bat or NLEB, or any designated critical habitat, may require additional ESA Section 7 consultation.

https://www.fws.gov/Midwest/endangered/section7/fhwa/index.html https://www.fws.gov/Midwest/endangered/section7/fhwa/index.html

April 02, 2021

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Chesapeake Bay Ecological Services Field Office 177 Admiral Cochrane Drive Annapolis, MD 21401-7307

Phone: (410) 573-4599 Fax: (410) 266-9127 http://www.fws.gov/chesapeakebay/ http://www.fws.gov/chesapeakebay/endsppweb/ProjectReview/Index.html

In Reply Refer To:

Consultation Code: 05E2CB00-2021-SLI-1021 Event Code: 05E2CB00-2021-E-02456 Project Name: NP ANTI 300(2), 307(1) Pavement Preservation

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:

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/or may be affected by your proposed project. This species list fulfills the requirements of 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. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please 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. This verification can be completed formally or informally as desired. 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.

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

http://www.fws.gov/chesapeakebay/ http://www.fws.gov/chesapeakebay/endsppweb/ProjectReview/Index.html

04/02/2021 Event Code: 05E2CB00-2021-E-02456 2

A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at:

http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at:

http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm;

http://www.towerkill.com; and http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.

Attachment(s):

Official Species List USFWS National Wildlife Refuges and Fish Hatcheries Wetlands

04/02/2021 Event Code: 05E2CB00-2021-E-02456 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:

Chesapeake Bay Ecological Services Field Office 177 Admiral Cochrane Drive Annapolis, MD 21401-7307

(410) 573-4599

04/02/2021 Event Code: 05E2CB00-2021-E-02456 2

Project Summary Consultation Code: 05E2CB00-2021-SLI-1021 Event Code: 05E2CB00-2021-E-02456 Project Name: NP ANTI 300(2), 307(1) Pavement Preservation Project Type: TRANSPORTATION Project Description: Pavement preservation in the Antietam National Battlefield. The project also includes the replacement of the Burnside Bridge Accessible Pedestrian Pathway, minor bridge repairs at Sherricks Run Bridge.

Project Location:

Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@39.4723681,-77.74745126101384,14z

Counties: Washington County, Maryland https://www.google.com/maps/@39.4723681,-77.74745126101384,14z https://www.google.com/maps/@39.4723681,-77.74745126101384,14z

04/02/2021 Event Code: 05E2CB00-2021-E-02456 3

1.

Endangered Species Act Species There is a total of 2 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. Note that 1 of these species should be considered only under certain conditions.

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

Indiana Bat Myotis sodalis There is final critical habitat for this species. The location of the critical habitat is not available.

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.

This species only needs to be considered under the following conditions:

Projects with a federal nexus that have tree clearing = to or > 15 acres: 1. REQUEST A

SPECIES LIST 2. NEXT STEP: EVALUATE DETERMINATION KEYS 3. SELECT

EVALUATE under the Northern Long-Eared Bat (NLEB) Consultation and 4(d) Rule Consistency key

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/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.

WETLAND INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED.

PLEASE VISIT HTTPS://WWW.FWS.GOV/WETLANDS/DATA/MAPPER.HTML OR CONTACT THE FIELD

OFFICE FOR FURTHER INFORMATION.

http://www.fws.gov/wetlands/ http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx https://www.fws.gov/wetlands/data/mapper.HTML