Categorical Exclusion Form (NEPA).pdf

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

NP ACAD BRG(2)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: NP ACAD BRG(2) Date: 6/4/2026

Project Name: Rehabilitate Maine Route 233, Paradise Hill and Frazer Creek Bridges

Location: Acadia National Park Hancock County, Maine

CE Category 23 CFR 771.117(c)(28): Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings, if the actions meet the constraints in paragraph (e) of this section.

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

Project Description

The project includes rehabilitation of three bridges to extend the serviceable life of the structures.

Structure 1700-010P Paradise Hill Bridge crosses over Duck Brook Road, which is a paved carriage road that is used by cyclists and hikers. Structure 1700-020P Maine Route 233 Bridge carries Paradise Hill Road over Maine Route 233 and is situated between two stone cliffs.

Structure 025P Frazer Creek Bridge carries Schoodic Loop Road over Frazer Creek.

At Paradise Hill Bridge and Maine Route 233 Bridge, proposed work includes installation of a waterproof membrane inside the bridges, which requires removing the road surface, removing all fill material from inside the bridge, placing the membrane, returning clean fill, and reestablishing the road surface. In addition, the project includes cleaning and removing debris from weepholes and inlets, removing efflorescence, and cleaning and sealing joints, and repointing select mortar joints. Minor vegetation clearing may be needed around the structures to allow the installation of temporary scaffolding. At Frazer Creek Bridge, proposed work includes concrete repair, cleaning and sealing joints, and repair work done to the post tensioning grout pockets. There will be no in-water work associated with this structure repair. A debris shield will be placed beneath the bridge to prevent any debris or material from entering Frazer Creek during construction.

Object markers and signs may be installed or replaced at the structures. Temporary detours on existing roads will be used during construction at all bridges. No significant ground disturbance will occur as a result of the proposed project.

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

NP ACAD BRG(2)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Environmental Commitments and Mitigation Measures o Tree clearing will occur during the non-active season to minimize any potential effects to bats.

o Revegetate the sites with a mix of pollinator plant species to improve Monarch habitat.

o FHWA will work closely with the NPS to specify methods, materials, and workmanship of the mortar and masonry repairs to ensure the bridges are not damaged and that the color, texture, and character of each is not altered.

o Best management practices will be used to prevent erosion and control sediment.

Summary of Section 7 of the Endangered Species Act Compliance

A review of the USFWS Information for Planning and Consultation (IPaC) website was conducted for the project evaluating the three project locations. IPaC identified five species with the potential to occur within the project area. These species include the endangered Northern Long-eared Bat (Myotis septentrionalis), proposed endangered Tricolored Bat (Perimyotis subflavus), endangered Atlantic Salmon (Salmo salar), endangered Roseate Tern (Sterna dougallii dougallii), and proposed threatened Monarch Butterfly (Danaus plexippus).

IPaC on-line decision keys were used to evaluate the impacts of the bridge rehabilitation activities on the species. Under the December 13, 2024, FHWA, FRA, FTA Programmatic Biological Opinion for Transportation Projects within the Range of the Indiana Bat, Northern Long-eared Bat, and Tricolored Bat, the project may affect but is not likely to adversely affect the northern long-eared bat or the tri-colored bat. Surveys of the bridges were conducted in 2023 and again in 2025 with no evidence of bats found. USFWS concurrence verification through IPaC was received on November 4, There is no suitable habitat within the project area for roseate tern. Therefore, the project will have no effect on this species. In addition, the rehabilitation work on the Frazer Creek Bridge will have no effect on the Atlantic salmon. The endangered Atlantic salmon is an anadromous fish species that is migrating from the ocean to their natal river and streams to spawn in October and November.

Atlantic salmon are not present within Fraser Creek or any of the 43 streams sampled within Acadia National Park (Havird et al. 2011). Therefore, the proposed project will have no effect on the listed species and/or their habitat.

Habitat for the monarch butterfly is not within the project area and therefore there will be no effect to the species. However, the NPS proposes to revegetate the sites with a mix of pollinator plant species to improve Monarch habitat.

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

NP ACAD BRG(2)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Summary of Section 106 of the National Historic Preservation Act Compliance

NPS determined that the proposed project would have no adverse effect on the bridges or other historic properties listed or eligible for listing on the National Register of Historic Places.

All repairs to the bridges will be made using methods that ensure the bridges are not damaged and that the color, texture, and character of each is not altered. The project meets the conditions for a streamlined review under the 2008 Servicewide Programmatic Agreement for Section 106 compliance. This fulfills the requirements under Section 106 of the National Historic Preservation Act of 1966 as amended.

Additional Agency Coordination and Compliance

The project will not require Clean Water Act permits as no in-water work will occur. Ground disturbance will be minimal and will not require an NPDES permit. There will be no reasonably foreseeable impacts on coastal resources.

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

NP ACAD BRG(2)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

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.

Timberley Belish Environmental Protection Specialist Eastern Federal Lands Highway Division 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 Eastern Federal Lands Highway Division Federal Highway Administration

Date

TIMBERLEY BELISH Digitally signed by TIMBERLEY BELISH Date: 2026.06.10 10:49:49 -04'00'

KEVIN S ROSE

Digitally signed by KEVIN S

ROSE

Date: 2026.06.10 12:57:29 -04'00'

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

NP ACAD BRG(2)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Appendix A: Environmental Checklist

Section 7 of the Endangered Species Act:

Are Federally-listed species potentially present in the study area? Yes 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)

NP ACAD BRG(2)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

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.

Farmland Protection Policy Act for Highway Projects:

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

Yes No Does the project affect any other resources not listed above? Explain below and list anticipated permits:

No permits anticipated 1 Federally-listed species per U.S. Fish and Wildlife Service’s IPaC: Northern long-eared bat (E), tri-colored bat (PE), Roseate tern (E), Atlantic salmon (E), Monarch butterfly (PT)

11/04/2025 15:04:11 UTC

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Maine Ecological Services Field Office

P. O. Box A East Orland, ME 4431

Phone: (207) 469-7300 Fax: (207) 902-1588

In Reply Refer To:

Project code: 2026-0011821 Project Name: Acadia Bridge Rehabilitation Project (ACAD BRG (2))

Subject: Not Likely to Adversely Affect Concurrence verification letter for the 'Acadia Bridge Rehabilitation Project (ACAD BRG (2))' project under the December 13, 2024, FHWA, FRA, FTA Programmatic Biological Opinion for Transportation Projects within the Range of the Indiana Bat, Northern Long-eared Bat, and Tricolored Bat.

To whom it may concern:

This letter records the determination of effects to federally listed (or proposed) bat species anticipated to result from the Acadia Bridge Rehabilitation Project (ACAD BRG (2)) (the Project). This determination is based upon information you entered into the assisted determination key (Dkey) associated with the above referenced Programmatic Biological Opinion/Conference Opinion (PBO/PCO) in the U.S. Fish and Wildlife Service s (Service) Information for Planning and Consultation (IPaC) system on the date listed above to verify that the Project may rely on the concurrence provided in the PBO/PCO to satisfy requirements under section 7(a)(2) of the Endangered Species Act of 1973 (ESA) (16 USC 1536), as amended.

Ensuring Accurate Determinations When Using IPaC:

The Service developed the IPaC system and this Dkey in accordance with the ESA and based on the PBO/PCO. All information submitted by the project proponent into IPaC must accurately represent the full scope and details of the Project.

Failure to accurately represent or implement the Project as detailed in the Dkey invalidates this letter. Answers to certain questions in the Dkey commit the project proponent to implementation of conservation measures that must be followed for the ESA determinations to remain valid. Carefully review this letter, your ESA requirements are NOT yet complete.

Determinations:

Based on the information you provided (Project Description shown below), you have determined that the Project is within the scope and adheres to the criteria of the PBO/PCO, including the

Project code: 2026-0011821 11/04/2025 15:04:11 UTC

DKey Version Publish Date: 09/11/2025 2 of 13 adoption of applicable avoidance and minimization measures. Based on your IPaC submission and the PBO/PCO, the Project is consistent with the following effect determinations:

Species Listing Status Determination Northern Long-eared Bat (Myotis septentrionalis) Endangered NLAA Tricolored Bat (Perimyotis subflavus) Proposed

Endangered

NLAA

The tricolored bat is proposed for listing as endangered under the ESA, but not yet listed. For actions that may affect a proposed species, agencies cannot consult, but they can confer under the authority of section 7(a)(4) of the ESA. Such conferences can follow the procedures for a consultation and be adopted as such if the proposed species is listed. Should the tricolored bat be listed, agencies must review projects that are not yet complete, or projects with ongoing effects within the tricolored bat range that previously received a no effect or not likely to adversely affect (NLAA) determination from the key to confirm that the determination is still accurate.

The Service has 14 calendar days to notify the lead Federal action agency or designated non-federal representative if we determine that the Project does not meet the criteria for a NLAA determination under the PBO/PCO. If the Service does not notify the lead Federal action agency or designated non-federal representative within that timeframe, you may proceed with the Project under the terms of the NLAA concurrence provided in the PBO/PCO. This verification period allows Service Field Offices to apply local knowledge to implementation of the PBO, as we may identify a small subset of actions having impacts that were unanticipated. In such instances, Service Field Offices may request additional information that is necessary to verify inclusion of the proposed action under the PBO/PCO.

If the Project is modified, or new information reveals that it may affect the Indiana bat, northern long-eared bat, or tricolored bat in a manner or to an extent not considered in the PBO/PCO, further review to conclude the requirements of ESA section 7(a)(2) may be required.

For Proposed Actions that include bridge/culvert or structure removal, replacement, and/or maintenance activities:

If your initial bridge, culvert, or structure assessment failed to detect Indiana bat, northern long-eared bat, or tricolored bat use or occupancy, yet bats are later detected prior to, or during construction, promptly notify the local Service Field Office within 2 working days of the discovery. In addition, please document whether incidental take occurred, and if so, the type (i.e.

kill or harm) and amount (i.e. number of individuals) and submit documentation to the local Service Field Office within 5 working days from the completion of the bridge, culvert, or structure construction (use Appendix E - Post Assessment Discovery of Bats at Bridge/Culvert or Structure Form in the User s Guide). In these instances, potential incidental take of Indiana bats, northern long-eared bats, or tricolored bats may be exempted provided that the take is reported to the Service. In these instances, potential incidental take of Indiana bats, northern long-eared bats, or tricolored bats may be exempted provided that the take is reported to the Service.

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If the Project 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 Field Office is required for those species/designated critical habitat. If the Project has the potential to take bald or golden eagles, additional coordination with the Service under the Bald and Golden Eagle Protection Act may also be required. In either of these circumstances, please advise the lead Federal action agency to contact this Service Field Office

The following species may occur in your project area and are not covered by this determination:

Atlantic Salmon Salmo salar Endangered Monarch Butterfly Danaus plexippus Proposed Threatened Roseate Tern Sterna dougallii dougallii Endangered

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PROJECT DESCRIPTION

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

NAME

Acadia Bridge Rehabilitation Project (ACAD BRG (2))

DESCRIPTION

Project involves the cleaning and removal of debris from weep-holes and inlets, repointing mortar joints, cleaning and sealing joints, concrete deck repair, guardrail repair, placing waterproof membranes, installation of object markers and additional signage.

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The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@44.3748422,-68.07055057270314,14z

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DETERMINATION KEY RESULT

Based on your answers provided, this project(s) may affect, but is not likely to adversely affect the Indiana bat, northern long-eared bat or tricolored bat, therefore, 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. However, also based on your answers provided, this project may rely on the concurrence provided in the Programmatic Biological Opinion/Conference Opinion for Transportation Projects in the Range of the Indiana bat, northern long-eared bat, and tricolored bat, dated December 13, 2024.

QUALIFICATION INTERVIEW

Which Federal Agency is the lead federal agency the action?

A) Federal Highway Administration (FHWA) Does the Action Area intersect the species list area of the Northern long-eared bat?

Automatically answered Yes Does the Action Area intersect the species list area of the tricolored Bat (TCB)?

Automatically answered Yes [Semantic] Is any portion of the action area within a 0.5 mile radius of an entrance/opening to any known NLEB or TCB hibernacula?

Note: The map queried for this question contains proprietary information and cannot be displayed. If you need additional information, please contact the Field Office listed in the letterhead of this letter.

Automatically answered No Does your project's activities include raising the road profile above the tree canopy in documented habitat for the Indiana bat, NLEB, or TCB?

Note: For the definition of documented habitat, refer to Appendix A: https://www.fws.gov/media/users-guide-range-wide-programmatic-consultation-indiana-bat-and-northern-long-eared-bat

No Is your project located within a karst area?

No Will the project include bridge, culvert, or structure removal, replacement, and/or alteration activities?

Note: For definitions of bridge, culvert, and structure, refer to Appendix A: https:// www.fws.gov/media/users-guide-range-wide-programmatic-consultation-indiana-bat-and-northern-long-eared-bat.

Yes

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Do your project s activities involve tree removal/trimming, temporary lighting, new/ additional permanent lighting, ground disturbance, percussives that involves noise/ vibration above existing background levels, vibrations, or slash pile burning?

Yes Is there suitable summer habitat for the Indiana bat, NLEB, or TCB within the project action area?

Note: See the Service's summer survey guidance for current definitions of suitable habitat [https://www.fws.gov/ midwest/endangered/mammals/inba/inbasummersurveyguidance.html].

Yes Have P/A surveys for the Indiana bat, NLEB, or TCB been conducted within the suitable summer habitat located within your project action area? This refers to mist-netting or acoustic surveys, not bridge assessments.

Note: See the Service's survey guidance https://www.fws.gov/midwest/endangered/ mammals/inba/inbasummersurveyguidance.html No Will the project involve the removal or trimming of trees within suitable habitat for the Indiana bat, NLEB, or TCB?

Yes Will any tree removal or trimming occur during the bat pup season?

Note: For more information about bat pup seasons please visit https://www.fws.gov/sites/default/files/documents/ 2024-10/2024_usfws_rangewide_ibat-nleb_survey_guidelines.pdf

No Will the removal or trimming of trees occur within documented habitat for the Indiana bat, NLEB, or TCB?

Note: For the definition of documented habitat, refer to Appendix A: https://www.fws.gov/media/users-guide-range-wide-programmatic-consultation-indiana-bat-and-northern-long-eared-bat

No Will all tree removal or trimming occur within 100 feet of the road or rail surface?

Yes Does your project include activities involving the temporary or permanent exclusion of Indiana bats, NLEBs, or TCBs from a bridge/culvert or structure that is occupied by a large number of covered bats (>5)?

Note: exclusion is conducted to deny bats' entry or reentry into a bridge/culvert or structure. To be effective and to avoid harming bats, it should be done according to established standards. Coordinate with the local Service Field Office for additional assistance.

No

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Does your project involve the use of temporary lighting within Indiana bat, NLEB, or TCB suitable habitat?

Note: For the definition of lighting, refer to Appendix A: https://www.fws.gov/media/users-guide-range-wide-programmatic-consultation-indiana-bat-and-northern-long-eared-bat

No Will the project substantially increase baseline light conditions via the use of permanent lighting (replacement or new/additional) in suitable habitat.

No Will your project include percussive activities?

Note: Refer to Stressor #2 Noise/Vibration on page 109 of the PBO/PCO.

No Will the project include bridge removal, replacement, and/or alteration activities?

Yes Has a Bridge Bat Assessment been conducted within the last 24 months to determine if the bridge is being used by the Indiana bat, NLEB, or TCB? If yes, upload assessment.

Note: Refer to the Service s current survey guidance for acceptable assessment practices and validity timeframe of bridge/culvert and structure bat assessments: https://www.fws.gov/library/collections/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines.

Yes

SUBMITTED DOCUMENTS

ACAD_BRG2_Bat_Survey_Forms_09-2025.pdf https://ipac.ecosphere.fws.gov/ project/GIS7R2J3UBFYFIE62YN6ZHUAYA/ projectDocuments/172362371

Please select one of the following results of the Bridge Bat Assessment:

c) Indicates the absence of Indiana bats, NLEBs, or TCBs roosting in/under the bridge (no bats, guano, etc.)?

Does the project include culvert removal, replacement, and/or alteration activities?

No Does the project include structure removal, replacement, and/or alteration activities?

No Will the project involve the removal or trimming of more than 20 acres of Indiana bat, NLEB, or TCB suitable habitat per 5-mile section of road/rail?

No Will the removal or trimming of trees occur within 0.5 miles of a known Indiana bat, NLEB, or TCB hibernaculum?

No

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Will the removal or trimming of these trees occur during the active season?

No Will the removal or trimming of trees occur beyond 100 feet of the existing road/rail surfaces?

No Does the Action Area intersect the species list area of the tricolored Bat (TCB)?

Automatically answered Yes Does the Action Area intersect the species list area of the northern long-eared bat (NLEB)?

Automatically answered Yes

PROJECT QUESTIONNAIRE

Have you made a No Effect determinations for all other species included on the FWS IPaC generated species list?

No Have you made a May Affect determination for any other species on the FWS IPaC generated list?

Yes How many acres of trees are proposed for removal/trimming outside of documented habitat for the Indiana bat, NLEB, or TCB within 100 feet of the existing road/rail surfaces during the inactive season (NLAA)?

Note: If described as number of trees, multiply by 0.09 to convert to acreage and enter that number.

0.9 How many acres of trees are proposed for removal/trimming outside of documented habitat for the Indiana bat, NLEB, or TCB within 100 feet of the existing road/rail surfaces during the active season (outside the pup season and not between Dec 15th-Feb 15th in Zone 1 of the NLEB and TCB YR active areas) (LAA)?

Note: If described as number of trees, multiply by 0.09 to convert to acreage and enter that number.

How many acres of trees are proposed for removal/trimming outside of documented habitat for the Indiana bat, NLEB, or TCB within 100 feet of the existing road/rail surfaces during the pup season (trees must be <9 in DBH, and not between Dec 15th- Feb 15th in Zone 1 of the NLEB and TCB YR active areas) (LAA)?

Note: If described as number of trees, multiply by 0.09 to convert to acreage and enter that number.

How many acres of trees are proposed for removal/trimming either outside or within documented habitat for the Indiana bat, NLEB, or TCB between 100-300 feet of the

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existing road/rail surface during the inactive season (LAA)? Note: If described as number of trees, multiply by 0.09 to convert to acreage and enter that number.

How many acres of trees are proposed for removal/trimming either outside or within documented habitat for the Indiana bat, NLEB, or TCB between 100-300 feet of the existing road/rail surfaces during the active season (outside the pup season, and not between Dec 15-Feb 15 in Zone 1 of the NLEB and TCB YR active areas) (LAA)?

Note: If described as number of trees, multiply by 0.09 to convert to acreage and enter that number.

How many acres of trees are proposed for removal/trimming either outside or within documented habitat for the Indiana bat, NLEB, or TCB beyond 300 feet of the existing road/rail surfaces during the inactive season (LAA)?

Note: If described as number of trees, multiply by 0.09 to convert to acreage and enter that number.

How many acres of trees are proposed for removal/trimming either outside or within documented habitat for the Indiana bat, NLEB, or TCB beyond 300 feet of the existing road/rail surfaces during the active season (outside the pup season, and not between Dec 15th-Feb 15th in Zone 1 of the NLEB and TCB YR active areas) (LAA)?

Note: If described as number of trees, multiply by 0.09 to convert to acreage and enter that number.

Please enter the date of the bridge assessment.

08/27/2025

AVOIDANCE AND MINIMIZATION MEASURES (AMMS)

This determination key result includes the commitment to implement the following Avoidance and Minimization Measures (AMMs):

GAMM1

Ensure all operators, employees, and contractors working in areas of Indiana bat, NLEB, or TCB suitable habitat are aware of all Transportation Agency environmental commitments, including all applicable AMMs.

TRTAMM1

Modify all phases/aspects of the project (e.g., temporary work areas, alignments) to the extent practicable to avoid tree removal/trimming in excess of what is required to implement the project safely.

TRTAMM2

Ensure tree removal/trimming is limited to that specified in project plans and ensure that contractors understand clearing limits and how they are marked in the field (e.g., install bright colored flagging/fencing prior to any tree removal/trimming to ensure contractors stay within clearing limits

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TRTAMM3

Ensure tree removal/trimming is limited to the inactive season, occurs within 100 ft of the road/ rail surface, and is outside of documented habitat for the Indiana bat, NLEB, and TCB

DKey Version Publish Date: 09/11/2025 12 of 13

DETERMINATION KEY DESCRIPTION: FHWA, FRA, FTA

PROGRAMMATIC CONSULTATION FOR TRANSPORTATION

PROJECTS AFFECTING IBAT, NLEB, OR TCB

This key was last updated in IPaC on September 11, 2025. 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) and may affect the federally listed endangered Indiana bat (Myotis sodalis), northern long-eared bat (Myotis septentrionalis), and/or federally proposed endangered tricolored bat (Perimyotis subflavus).

This decision key should only be used to verify project applicability with the Service s Programmatic Biological Opinion/Conference Opinion for Transportation Projects in the Range of the Indiana bat, northern long-eared bat, and tricolored bat, dated December 13, 2024. The programmatic consultation limited transportation activities that may affect the covered bat species and addresses situations that are both likely and not likely to adversely affect the covered bat species. This decision key will assist in identifying the effect of a specific project/activity and the applicability of the programmatic consultation. The programmatic consultation is not intended to cover all types of transportation actions. Activities outside the scope of the programmatic consultation, or that may affect ESA-listed species other than the Indiana bat, northern long-eared bat, or tricolored bat, or their designated critical habitat, may require additional ESA Section 7 consultation.

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IPAC USER CONTACT INFORMATION

Agency: Federal Highway Administration Name: Timberley Belish Address: 22001 Loudoun County Parkway Address Line 2: Bldg E2, STE 200 City: Ashburn State: VA Zip: 20147 Email timberley.belish@dot.gov Phone: 7034046341