Report_1_NEPA.pdf

Letter of Compliance Completion - Repair Historic Vanderbilt Rustic Bridge (FHWA #1797-003P) - PEPC ID:

29606

National Park Service U.S. Department of the Interior

Vanderbilt Mansion National Historic Site Date: 03/01/2016

B.1 VAMA/Facilities/Structures/Bridges

March 1, 2016

Letter of Compliance Completion

Memorandum

To: Jason Hand, Landscape Architect, Denver Service Center

From: David Hayes, Vanderbilt Mansion NHS

Subject: NEPA and NHPA Clearance: VAMA Bridge Rehabilitation Projects

The park Interdisciplinary Team has reviewed the proposed projects listed below and completed its environmental assessment documentation, and we have determined that there:

• Will not be any effect on threatened, endangered, or rare species and/or their critical habitat.

• Will not be any effect on historical, cultural, or archeological resources.

• Will not be serious or long-term undesirable environmental or visual effects.

1. Repair Historic Vanderbilt Rustic Bridge (FHWA #1797-003P) (PEPC 29606) (PMIS 174200)

2. Perform Repairs to Vanderbilt White Bridge (FHWA # 1797-001) (PEPC 29624) (PMIS 174196)

3. Perform Repairs to Bard Rock Bridge (FHWA # 1797-002P) (PEPC 59326) (PMIS 174199)

The subject proposed project, therefore, is now cleared for all NEPA and NHPA compliance requirements as presented above. Project plans and specifications are approved and construction and project implementation can commence.

For the proposed project actions to be within compliance requirements during construction, the following mitigations must be adhered to:

• Erosion and sediment control plans must be adhered to.

Recommendations for Conditions or Stipulations:

None

For complete compliance information see PEPC Project 29606, 29624, and 59326.

If you have any questions, please let me know.

Assessment of Effect Form - Perform Repairs to Bard Rock Bridge (FHWA# 1797-002P) - PEPC ID: 59326

Vanderbilt Mansion National Historic Site Date: 02/25/2016

ASSESSMENT OF ACTIONS HAVING AN EFFECT ON

HISTORIC PROPERTIES

A. DESCRIPTION OF UNDERTAKING

1. Park: Vanderbilt Mansion National Historic Site

2. Project Description:

Project Name: Perform Repairs to Bard Rock Bridge (FHWA# 1797-002P) Prepared by: Dave Hayes Date Prepared: 06/19/2015 Telephone: 845-229-1521 PEPC Project Number: 59326 Locations:

Describe project:

Perform repairs to the historic Bard Rock Bridge, FHWA #1797-002P, outlined in the 7/22/2014 Federal Highway Administration Inspection Report (attached.) This work includes repointing the east abutment masonry joints, replacing deteriorated approach guardrail posts, removing the tree leaning against the northwest wingwall, and removing any vegetation on the wingwalls.

Area of potential effects (as defined in 36 CFR 800.16[d]) Bard Rock Bridge and immediate vicinity

3. Has the area of potential effects been surveyed to identify historic properties?

No X Yes

Source or reference:

4. Potentially Affected Resource(s):

5. The proposed action will: (check as many as apply)

No Destroy, remove, or alter features/elements from a historic structure

Yes Replace historic features/elements in kind

No Add non-historic features/elements to a historic structure

No Alter or remove features/elements of a historic setting or environment (inc. terrain)

No Add non-historic features/elements (inc. visual, audible, or atmospheric) to a historic setting or cultural landscape

No Disturb, destroy, or make archeological resources inaccessible

No Disturb, destroy, or make ethnographic resources inaccessible

No Potentially affect presently unidentified cultural resources

No Begin or contribute to deterioration of historic features, terrain, setting, landscape elements, or archeological or ethnographic resources

No Involve a real property transaction (exchange, sale, or lease of land or structures)

Other (please specify):

6. Supporting Study Data:

(Attach if feasible; if action is in a plan, EA or EIS, give name and project or page number.)

B. REVIEWS BY CULTURAL RESOURCE SPECIALISTS

The park 106 coordinator requested review by the park's cultural resource specialist/advisors as indicated by check-off boxes or as follows:

[ X ] 106 Advisor Name: Frank Futral Date: 06/19/2015

Check if project does not involve ground disturbance [ X ] Assessment of Effect: No Potential to Cause Effect No Historic Properties Affected X No Adverse Effect Adverse Effect X Streamlined Review Recommendations for conditions or stipulations:

Doc Method: Streamlined Review (PA) Streamlined Activity:

1. Preservation Maintenance and Repair of Historic Properties

[ X ] Curator Name: Anne Jordan Date: 06/29/2015 Comments: Project consists exclusively of preservation maintenance activities indicated by Federal Highways, and so will contribute to the preservation and historic appearance of the bridge (except correction of sign).

Check if project does not involve ground disturbance [ ] Assessment of Effect: No Potential to Cause Effect No Historic Properties Affected X No Adverse Effect Adverse Effect X Streamlined Review Recommendations for conditions or stipulations: Stipulate that repair materials including repointing mortar and guardrail posts will match/blend visually with original/existing materials.

Doc Method: Streamlined Review (PA)

[ X ] Historical Architect Name: Millan Galland Date: 07/10/2015 Comments: No adverse effect if proposed treatment / repair recommendations are followed.

Check if project does not involve ground disturbance [ ] Assessment of Effect: No Potential to Cause Effect No Historic Properties Affected X No Adverse Effect Adverse Effect Streamlined Review

Recommendations for conditions or stipulations: Proposed repair / repointing mortar type, aggregate characteristics, etc. should be carefully assessed/reviewed during the repair period.

[ X ] Historical Landscape Architect Name: John Auwaerter Date: 06/22/2015 Comments: Understand that vegetation removal will only include the tree leaning toward the bridge, and small trees, vines, and other vegetation growing on and adjoining the bridge and the abutments.

Check if project does not involve ground disturbance [ ] Assessment of Effect: No Potential to Cause Effect No Historic Properties Affected X No Adverse Effect Adverse Effect X Streamlined Review Recommendations for conditions or stipulations:

Doc Method: Streamlined Review (PA)

No Reviews From: Archeologist, Historian, Other Advisor, Anthropologist

C. PARK SECTION 106 COORDINATOR'S REVIEW AND RECOMMENDATIONS

1. Assessment of Effect:

No Potential to Cause Effects

No Historic Properties Affected

No Adverse Effect

Adverse Effect

3. Additional Consulting Parties Information:

N/A

4. Stipulations and Conditions:

N/A

5. Mitigations/Treatment Measures:

Measures to prevent or minimize loss or impairment of historic/prehistoric properties:

(Remember that setting, location, and use may be relevant.)

No Assessment of Effect mitigations identified.

D. RECOMMENDED BY PARK SECTION 106 COORDINATOR:

Compliance Specialist:

Assessment of Effect Form - Repair Historic Vanderbilt Rustic Bridge (FHWA #1797-003P) - PEPC ID: 29606

Vanderbilt Mansion National Historic Site Date: 02/29/2016

ASSESSMENT OF ACTIONS HAVING AN EFFECT ON

HISTORIC PROPERTIES

A. DESCRIPTION OF UNDERTAKING

1. Park: Vanderbilt Mansion National Historic Site

2. Project Description:

Project Name: Repair Historic Vanderbilt Rustic Bridge (FHWA #1797-003P) Prepared by: Dave Hayes Date Prepared: 06/19/2015 Telephone: 845-229-1521 PEPC Project Number: 29606 Locations:

Describe project:

Perform repairs to the historic Vanderbilt Rustic Bridge outlined in the 7/22/2014 Federal Highway Administration Inspection Report for Structure 1797-003P. This work includes replacing missing stones and repointing the masonry mortar joints on the parapets as necessary. It also includes trimming trees near the bridge and repair of erosion and undermining on the northwest wingwall. See attached inspection report.

Area of potential effects (as defined in 36 CFR 800.16[d]) Rustic Bridge and immediate area.

3. Has the area of potential effects been surveyed to identify historic properties?

No X Yes

Source or reference:

4. Potentially Affected Resource(s):

Archeological Resources Notes: Ground disturbance limited to repair of erosion and undermining of northwest wingwall.

Historical Structures/Resources Affected:

Name and number(s): Rustic Bridge LCS 7509 Asset 60600 Location: South end of park NR status:

Historical Structures/Resources Notes: This work includes replacing missing stones and repointing the masonry mortar joints on the parapets as necessary. It also includes trimming trees near the bridge and repair of erosion and undermining on the northwest wingwall.

Cultural Landscapes Affected:

Assessment of Effect Form - Repair Historic Vanderbilt Rustic Bridge (FHWA #1797-003P) - PEPC ID: 29606

Name and number(s): Rustic Bridge LCS 7509 Asset 60600 Location: South end of park NR status:

5. The proposed action will: (check as many as apply)

No Destroy, remove, or alter features/elements from a historic structure

Yes Replace historic features/elements in kind

No Add non-historic features/elements to a historic structure

No Alter or remove features/elements of a historic setting or environment (inc. terrain)

No Add non-historic features/elements (inc. visual, audible, or atmospheric) to a historic setting or cultural landscape

No Disturb, destroy, or make archeological resources inaccessible

No Disturb, destroy, or make ethnographic resources inaccessible

No Potentially affect presently unidentified cultural resources

No Begin or contribute to deterioration of historic features, terrain, setting, landscape elements, or archeological or ethnographic resources

Inspection report attached.

B. REVIEWS BY CULTURAL RESOURCE SPECIALISTS

The park 106 coordinator requested review by the park's cultural resource specialist/advisors as indicated

Date: 06/19/2015

Check if project does not involve ground disturbance [ ] Assessment of Effect: No Potential to Cause Effect No Historic Properties Affected X No Adverse Effect Adverse Effect X Streamlined Review Recommendations for conditions or stipulations:

Doc Method: Streamlined Review (PA)

Date: 06/29/2015

Assessment of Effect Form - Repair Historic Vanderbilt Rustic Bridge (FHWA #1797-003P) - PEPC ID: 29606

Comments: This project addresses maintenance needs identified by Federal Highways and as such it will contribute to the preservation and historic appearance of the bridge.

Check if project does not involve ground disturbance [ ] Assessment of Effect: No Potential to Cause Effect No Historic Properties Affected X No Adverse Effect Adverse Effect X Streamlined Review Recommendations for conditions or stipulations: The project proposed should stipulate that materials introduced in the course of the repairs, including replacement stones and guardrail posts, and masonry mortar used to repoint stonework and re-set dislodged capstones, are to be like materials to minimize visual distraction.

Doc Method: Streamlined Review (PA)

Date: 07/10/2015 Comments: No adverse effect if proposed treatment / repair recommendations are followed.

Check if project does not involve ground disturbance [ ] Assessment of Effect: No Potential to Cause Effect No Historic Properties Affected X No Adverse Effect Adverse Effect Streamlined Review

Date: 06/22/2015 Comments: Not clear which trees and other vegetation are recommended for removal; one large tree appears to be in contact with the bridge (Photo 9). Presume missing stones will be replaced with like material.

Check if project does not involve ground disturbance [ ] Assessment of Effect: No Potential to Cause Effect No Historic Properties Affected X No Adverse Effect Adverse Effect X Streamlined Review Recommendations for conditions or stipulations: Removal of trees and other vegetation should be restricted to those that are causing or will cause structural issues (vegetation growing in masonry openings, tree growing against bridge face, etc.).

Doc Method: Streamlined Review (PA)

Assessment of Effect Form - Repair Historic Vanderbilt Rustic Bridge (FHWA #1797-003P) - PEPC ID: 29606

X No Adverse Effect

2. Documentation Method:

[ ] A. STANDARD 36 CFR PART 800 CONSULTATION

Further consultation under 36 CFR Part 800 is needed.

[ X ] B. STREAMLINED REVIEW UNDER THE 2008 SERVICEWIDE PROGRAMMATIC AGREEMENT (PA)

The above action meets all conditions for a streamlined review under section III of the 2008 Servicewide PA for Section 106 compliance.

APPLICABLE STREAMLINED REVIEW Criteria (Specify 1-16 of the list of streamlined review criteria.)

1. Preservation Maintenance and Repair of Historic Properties.

Explanation:

[ ] C. PLAN-RELATED UNDERTAKING

Consultation and review of the proposed undertaking were completed in the context of a plan review process, in accordance with the 2008 Servicewide PA and 36 CFR Part 800.

Specify plan/EA/EIS:

[ ] D. UNDERTAKING RELATED TO ANOTHER AGREEMENT

The proposed undertaking is covered for Section 106 purposes under another document such as a statewide agreement established in accord with 36 CFR 800.7 or counterpart regulations.

[ ] E. COMBINED NEPA/NHPA Document Documentation is required for the preparation of an EA/FONSI or an EIS/ROD has been developed and used so as also to meet the requirements of 36 CFR 800.3 through 800.6

[ ] G. Memo to SHPO/THPO

[ ] H. Memo to ACHP

SHPO/THPO Notes:

Additional Consulting Parties: No

4. Stipulations and Conditions:

Assessment of Effect Form - Perform Repairs to Vanderbilt White Bridge (FHWA # 1797-001) - PEPC ID: 29624

Vanderbilt Mansion National Historic Site Date: 02/29/2016

ASSESSMENT OF ACTIONS HAVING AN EFFECT ON

HISTORIC PROPERTIES

A. DESCRIPTION OF UNDERTAKING

1. Park: Vanderbilt Mansion National Historic Site

2. Project Description:

Project Name: Perform Repairs to Vanderbilt White Bridge (FHWA # 1797-001) Prepared by: Dave Hayes Date Prepared: 06/19/2015 Telephone: 845-229-1521 PEPC Project Number: 29624 Locations:

Describe project:

Perform Repairs to White Bridge, FHWA # 1797-001P outlined in the 7/22/2014 FHWA Inspection Report (attached). This work includes repairing spalled and cracked areas of the curbs, railings and wingwalls. It will also correct erosion and undermining along the northwest wingwall. Scope of work does not include application of aesthetic coating recommended in the report.

Area of potential effects (as defined in 36 CFR 800.16[d]) Vanderbilt White Bridge

3. Has the area of potential effects been surveyed to identify historic properties?

No X Yes

Source or reference:

4. Potentially Affected Resource(s):

Archeological Resources Notes: Ground disturbance will be limited to correcting erosions and undermining at the northwest wingwall.

Historical Structures/Resources Notes: Work includes repairing spalled and cracked areas of curbs, railing and wingwalls.

Cultural Landscapes Notes: Impacts to aesthetics of landscape during repair work will be temporary.

5. The proposed action will: (check as many as apply)

No Destroy, remove, or alter features/elements from a historic structure

Yes Replace historic features/elements in kind

No Add non-historic features/elements to a historic structure

No Alter or remove features/elements of a historic setting or environment (inc. terrain)

Assessment of Effect Form - Perform Repairs to Vanderbilt White Bridge (FHWA # 1797-001) - PEPC ID: 29624

No Add non-historic features/elements (inc. visual, audible, or atmospheric) to a historic setting or cultural landscape

No Disturb, destroy, or make archeological resources inaccessible

No Disturb, destroy, or make ethnographic resources inaccessible

No Potentially affect presently unidentified cultural resources

No Begin or contribute to deterioration of historic features, terrain, setting, landscape elements, or archeological or ethnographic resources

See attached bridge report.

B. REVIEWS BY CULTURAL RESOURCE SPECIALISTS

The park 106 coordinator requested review by the park's cultural resource specialist/advisors as indicated

Date: 06/19/2015

Check if project does not involve ground disturbance [ ] Assessment of Effect: No Potential to Cause Effect No Historic Properties Affected X No Adverse Effect Adverse Effect X Streamlined Review Recommendations for conditions or stipulations:

Doc Method: Streamlined Review (PA)

Date: 06/29/2015 Comments: This project is intended to stabilize structural and surface deterioration identified by Federal Highways and necessary to the preservation of the bridge and to retention of maximum original material.

Check if project does not involve ground disturbance [ ] Assessment of Effect: No Potential to Cause Effect No Historic Properties Affected X No Adverse Effect Adverse Effect X Streamlined Review Recommendations for conditions or stipulations: The project as described does not address whether repair and reinforcement materials will visually match original fabric or whether it will be selected purposely to be dissimilar, in order to differentiate new from original material. In some past work on this bridge, repairs and replacement elements were visually dissimilar, and these variations remain obvious. It is recommended that patching materials and replacement elements introduced during this project blend visually with original bridge materials, and that documentation of these additions consist of color samples, written, and photographic records.

Assessment of Effect Form - Perform Repairs to Vanderbilt White Bridge (FHWA # 1797-001) - PEPC ID: 29624

Doc Method: Streamlined Review (PA)

Date: 07/10/2015 Comments: No adverse effect if proposed treatment / repair recommendations are followed.

Check if project does not involve ground disturbance [ ] Assessment of Effect: No Potential to Cause Effect No Historic Properties Affected X No Adverse Effect Adverse Effect Streamlined Review

Date: 06/23/2015 Comments: I understand from Dave Hayes that the project will not include painting or other coating of the White Bridge, and will be limited to preservation maintenance, including repair of adjoining stone abutments.

Check if project does not involve ground disturbance [ ] Assessment of Effect: No Potential to Cause Effect No Historic Properties Affected X No Adverse Effect Adverse Effect X Streamlined Review Recommendations for conditions or stipulations:

Doc Method: Streamlined Review (PA)

X No Adverse Effect

2. Documentation Method:

[ ] A. STANDARD 36 CFR PART 800 CONSULTATION

Further consultation under 36 CFR Part 800 is needed.

Assessment of Effect Form - Perform Repairs to Vanderbilt White Bridge (FHWA # 1797-001) - PEPC ID: 29624

[ X ] B. STREAMLINED REVIEW UNDER THE 2008 SERVICEWIDE PROGRAMMATIC AGREEMENT (PA)

The above action meets all conditions for a streamlined review under section III of the 2008 Servicewide PA for Section 106 compliance.

APPLICABLE STREAMLINED REVIEW Criteria (Specify 1-16 of the list of streamlined review criteria.)

1. Preservation Maintenance and Repair of Historic Properties.

Explanation:

[ ] C. PLAN-RELATED UNDERTAKING

Consultation and review of the proposed undertaking were completed in the context of a plan review process, in accordance with the 2008 Servicewide PA and 36 CFR Part 800.

Specify plan/EA/EIS:

[ ] D. UNDERTAKING RELATED TO ANOTHER AGREEMENT

The proposed undertaking is covered for Section 106 purposes under another document such as a statewide agreement established in accord with 36 CFR 800.7 or counterpart regulations.

[ ] E. COMBINED NEPA/NHPA Document Documentation is required for the preparation of an EA/FONSI or an EIS/ROD has been developed and used so as also to meet the requirements of 36 CFR 800.3 through 800.6

[ ] G. Memo to SHPO/THPO

[ ] H. Memo to ACHP

SHPO/THPO Notes:

Additional Consulting Parties: No

4. Stipulations and Conditions:

Following are listed any stipulations or conditions necessary to ensure that the assessment of effect above is consistent with 36 CFR Part 800 criteria of effect or to avoid or reduce potential adverse effects.

5. Mitigations/Treatment Measures:

Measures to prevent or minimize loss or impairment of historic/prehistoric properties:

(Remember that setting, location, and use may be relevant.)

No Assessment of Effect mitigations identified.

D. RECOMMENDED BY PARK SECTION 106 COORDINATOR:

21400 Ridgetop Circle Sterling, VA 20166-6511

Eastern Federal Lands Highway Division

FEDERAL EXPRESS

Mr. David Stilwell Field Office Supervisor U.S. Fish & Wildlife Service New York Ecological Services Field Office 3817 Luker Road Cortland, NY 13045

Subject: Project VAMA BMS(1), Bridge Repair/Rehabilitation

Vanderbilt Mansion National Historic Site Section 7 Endangered Species Consultation

Dear Mr. Stilwell:

The Eastern Federal Lands Highway Division, of the Federal Highway Administration (FHWA), in cooperation with the National Park Service (NPS), is proposing to repair bridges in the Vanderbilt Mansion National Historic Site in Dutchess County, New York. This is a Bridge Management System project to rehabilitate 3 existing bridges at the park. The bridge work consists of the following:

• White Bridge (1797-001P) - 41°47’40.20”N, 73°56’22.40”W: The work includes repairing spalled and cracked areas of the curbs, railings and wingwalls. The erosion and undermining along the northwest wingwall will also be repaired.

• Bard Rock Bridge (1797-002P) - 41°48’18.60”N, 73°56’36.10”W: The work includes repointing the east abutment masonry joints, replacing deteriorated approach guardrail posts as necessary, removing the partially dead tree leaning over the railroad tracks toward the northwest wingwall, and removing any vegetation on the wingwalls.

• Rustic Bridge (1797-003P) - 41°47’27.30”N, 73°56’32.00”W: The work includes replacing missing stones and repointing the masonry mortar joints on the parapets as necessary, and the erosion and undermining along the northwest wingwall will be repaired.

According to the U.S. Fish and Wildlife Service IPaC species list, the following species may occur within Dutchess County: Dwarf Wedgemussel (Alasmidonta heterodon), Indiana Bat (Myotis sodalis), New England Cottontail (Sylvilagus transitionalis), and Northern Long-eared Bat (Myotis septentrionalis).

In Reply Refer to: HFPP-15

Project work will remain either within the footprint of the bridges or adjacent to the wingwalls of the bridges. No in water work will be conducted. The partially dead tree involved in the Bard Rock Bridge work is leaning directly over an in-use CSXT railroad. The tree is directly exposed to train noise and exhaust from passing trains, rendering it an unlikely habitat for bats.

Additionally, the tree is in danger of falling onto the CSXT railroad tracks, creating a safety hazard. Therefore, the FHWA has determined that the project may affect, but is not likely to adversely affect the listed species.

We respectfully request your review of the proposed project and concurrence with this determination. Enclosed you will find a topographic map of the project area to aid in your review. Please provide us with your response within 30 days of receipt of this letter. If you have any questions regarding the proposed project, please contact Mr. Michael McDaniels, Environmental Protection Specialist, at Michael.Mcdaniels@dot.gov or (703) 948-1438.

Sincerely, Kevin S. Rose Environmental Compliance Specialist

Enclosures cc:

Ms. Sarah Olson, Superintendent, VAMA, NPS, Hyde Park, NY (Hardcopy Only) Mr. David Hayes, Chief of Resource Management, VAMA, NPS, Hyde Park, NY Mr. John Tauscher, Program Manager, VAMA, NPS, Hyde Park, NY

FHWA:HFPP15:MMcDaniels:1438:08/26/15:aa:M:\PROJECTS\vama\bms(1)\P&P\Environ\NE PA\Section 7\VAMA BMS(1) Section 7 Contact Letter.doc cc: Chrono, Original File Copy, P&P Reading, HD (Satasiya, Burnell) dave_hayes@nps.gov john_tauscher@nps.gov

Sarah Olson National Park Service Vanderbilt Mansion National Historic Site 4097 Albany Post Rd Hyde Park, NY 12538

(845)-229-9115 Ex. 2010 mailto:Michael.Mcdaniels@dot.gov mailto:dave_hayes@nps.gov mailto:john_tauscher@nps.gov

United States Department of the Interior

FISH AND WILDLIFE SERVICE

New York Ecological Services Field Office

3817 LUKER ROAD

CORTLAND, NY 13045

PHONE: (607)753-9334 FAX: (607)753-9699

URL: www.fws.gov/northeast/nyfo/es/section7.htm

Consultation Code: 05E1NY00-2016-SLI-0085 October 15, 2015 Event Code: 05E1NY00-2016-E-00165 Project Name: VAMA BMS(1)

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:

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. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 ). This list can alsoet seq.

be used to determine whether listed species may be present for projects without federal agency involvement. 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 ESA, 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 site 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. If listed, proposed, or candidate species were identified as potentially occurring in the project area, coordination with our office is encouraged. Information on the steps involved with assessing potential impacts from projects can be found at:

http://www.fws.gov/northeast/nyfo/es/section7.htm

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 .), and projects affecting these species may requireet seq development of an eagle conservation plan (

). Additionally, wind energy projectshttp://www.fws.gov/windenergy/eagle_guidance.html should follow the Services wind energy guidelines ( ) forhttp://www.fws.gov/windenergy/ 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 ; and http://www.towerkill.com

.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 ESA. 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 http://ecos.fws.gov/ipac, 10/15/2015 06:59 AM

Official Species List

Provided by:

New York Ecological Services Field Office

3817 LUKER ROAD

CORTLAND, NY 13045

(607) 753-9334 http://www.fws.gov/northeast/nyfo/es/section7.htm

Consultation Code: 05E1NY00-2016-SLI-0085 Event Code: 05E1NY00-2016-E-00165

Project Type: TRANSPORTATION

Project Name: VAMA BMS(1) Project Description: Bridge repair/rehabilitation for 3 bridges in Vanderbilt Mansion National Historic Site

Please Note: The FWS office may have modified the Project Name and/or Project Description, so it may be different from what was submitted in your previous request. If the Consultation Code matches, the FWS considers this to be the same project. Contact the office in the 'Provided by' section of your previous Official Species list if you have any questions or concerns.

United States Department of Interior Fish and Wildlife Service

Project name: VAMA BMS(1)

Project Location Map:

Project Coordinates: MULTIPOLYGON (((-73.94408226013184 41.80558167181602, -

73.9395761489868 41.80529376501766, -73.93803119659424 41.80404615394128, -

73.93949031829834 41.80017520599155, -73.93979072570801 41.79751979242714, -

73.93893241882324 41.794544318804626, -73.9418077468872 41.79054480868858, -

73.94549846649169 41.788720949232065, -73.94644260406494 41.78907292615039, -

73.94541263580322 41.79358445913614, -73.94343852996826 41.80004723677706, -

73.94318103790282 41.802798518571215, -73.94429683685303 41.8047179475396, -

73.94408226013184 41.80558167181602)))

Project Counties: Dutchess, NY

United States Department of Interior

Endangered Species Act Species List

There are a total of 3 threatened or endangered species on your 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. Critical habitats listed under the

Has Critical Habitat column may or may not lie within your project area. See the Critical habitats within your project area section further below for critical habitat that lies within your project. Please contact the designated FWS office if you have questions.

Clams Status Has Critical Habitat Condition(s)

Dwarf wedgemussel (Alasmidonta heterodon)

Population: Entire

Endangered

Mammals

Indiana bat (Myotis sodalis)

Population: Entire

Endangered

Northern long-eared Bat (Myotis septentrionalis)

Threatened

United States Department of Interior

Critical habitats that lie within your project area There are no critical habitats within your project area.

United States Department of Interior

Federal Highway Administration (FHWA) and Federal Railroad Administration (FRA) Range-wide Programmatic Informal Consultation for

Indiana Bat and Northern Long-eared Bat

Project Submittal Form for FHWA, FRA, and Transportation Agencies Updated June 23, 2015

In order to use the programmatic informal consultation to fulfill Endangered Species Act consultation requirements, transportation agencies must use this form to submit project-level information for all may affect, not likely to adversely affect (NLAA) determinations to the appropriate U.S. Fish and Wildlife Service (Service) field office prior to project commencement. For more information, see the Standard Operating Procedure for Site Specific Project(s) Submission in the User’s Guide.

In submitting this form, the transportation agency ensures that the proposed project(s) adhere to the criteria of the range-wide programmatic informal BA. Upon submittal of this form, the appropriate Service field office may review the site-specific information provided and request additional information.

If the applying transportation agency is not notified within 14 calendar days of emailing the Project Submittal Form to the Service field office, it may proceed under the range-wide programmatic informal consultation.

Further instructions on completing the form can be found by hovering your cursor over each text box.

1. Date:

2. Lead Agency:

This refers to the Federal governmental lead action agency initiating consultation; select FHWA or FRA as appropriate

3. Requesting Agency:

a. Name:

b. Title:

c. Phone:

d. Email:

4. Consultation Code1:

5. Project Name(s):

1 Available through IPaC System Official Species List: https://ecos.fws.gov/ipac/ https://ecos.fws.gov/ipac/

6. Project Description:

Please attach additional documentation or explanatory text if necessary

7. Other species from Official Species List:

No effect – project(s) are inside the range, but no suitable habitat – see additional information attached

May Affect – see additional information provided for those species (either attached or forthcoming

8. For Ibat/NLEB, if Applicable, Explain Your No Effect Determination

No effect – project(s) are outside the species’ range (form complete)

No effect – project(s) are inside the range, but no suitable summer habitat (form complete)

No effect from maintenance, alteration, or demolition of bridge(s)/structure(s) – results of inspection surveys indicate no signs of bats. (form complete)

No effect – other (see Section 2.2 of the User’s Guide – form complete)

Otherwise, please continue below.

9. Affected Resource/Habitat Type

Trees

Bridge

Other Non-Tree Roosting Structure (e.g., building)

Other (please explain):

10. For Tree Removal Projects:

a. Please verify that no documented roosts or foraging habitat will be impacted and that project is within 100 feet of existing road surface:

b. Please verify that all tree removal will occur during the inactive season2:

c. Timing of clearing:

d. Amount of clearing:

11. For Bridge/Structure Work Projects:

a. Proposed work:

b. Timing of work:

c. Evidence of bat activity on bridge/structure:

d. If applicable, verify that superstructure work will not bother roosting bats in any way:

e. If applicable, verify that bridge/structure work will occur only in the winter months:

2 Coordinate with local Service field office for appropriate dates.

12. Please confirm the following:

Proposed project(s) adhere to the criteria of the range-wide programmatic informal BA (see Section 2.0).

All applicable AMMs will be implemented, including3:

Tree Removal AMM 1:

Tree Removal AMM 2:

Tree Removal AMM 3:

Tree Removal AMM 4:

Bridge AMM 1:

Bridge AMM 2:

Bridge AMM 3:

Bridge AMM 4:

Structure AMM 1:

Structure AMM 2:

Structure AMM 3:

Structure AMM 4:

Lighting AMM 1:

Lighting AMM 2:

Dust Control AMM 1:

Water Control AMM 1:

Water Control AMM 2:

Water Control AMM 3:

Water Control AMM 4:

Water Control AMM 5:

Water Control AMM 6:

Wetland/Stream Protection AMM 1:

Wetland/Stream Protection AMM 2:

Wetland/Stream Protection AMM 3:

Wetland/Stream Protection AMM 4:

Wetland/Stream Protection AMM 5:

Wetland/Stream Protection AMM 6:

3 See AMMs Fact Sheet (Appendix B) for more information on the following AMMs.

McDaniels, Michael (FHWA)

From: Doran, Sandra <sandra_doran@fws.gov> Sent: Thursday, October 29, 2015 8:54 AM To: McDaniels, Michael (FHWA) Cc: Sandra Doran Subject: Re: Queston Re: Project SARA BMS and Sec 7 Consultation

Follow Up Flag: Follow up Flag Status: Completed

Michael -

I completed my review of these two files and the Rangewide forms that you submitted. It appears that each Region has their own form. All the information is complete and no further consultation is required.

I look forward to working with you on these types of projects in the future.

Sandie

On Mon, Oct 26, 2015 at 7:15 AM, Doran, Sandra <sandra_doran@fws.gov> wrote:

Thank you Michael.

On Friday, October 23, 2015, <michael.mcdaniels@dot.gov> wrote:

Sandie, Attached are the Rangewide Programmatic BA forms for both projects. Thank you for your help and consideration.

Michael McDaniels

From: Doran, Sandra [mailto:sandra_doran@fws.gov] Sent: Tuesday, October 13, 2015 4:50 PM To: McDaniels, Michael (FHWA) Subject: Re: Queston Re: Project SARA BMS and Sec 7 Consultation

Hi Michael, michael.mcdaniels Highlight FWS Concurrence

For SARA and Vanderbuilt - Based on the recent bat survey, NLTAA was appropriate for tree removal and bridge work (not No effect). You need to follow the Rangewide Programmatic Biological Assessment. Please fill out and submit the Rangewide Programmatic BA form for these two projects.

Sandie

On Tue, Oct 13, 2015 at 4:07 PM, <michael.mcdaniels@dot.gov> wrote:

I don’t believe I received a response to my email below which I sent on 9/15. My question is, after our various emails and discussions, have we come to concurrence of No Effect for this project for all the species listed below?

Thank you, Michael

From: McDaniels, Michael (FHWA) Sent: Tuesday, September 15, 2015 3:42 PM To: 'Doran, Sandra' Subject: RE: Queston Re: Project SARA BMS and Sec 7 Consultation

The recent bat survey is the following:

Natural Resource Technical Report NPS/NER/NRTR—2012/599

Bat Inventories of Eight National Park Service Units in the Northeast Region of the United States

This survey used acoustic methods as well as mist netting and covered both Saratoga and Vanderbilt in addition to other parks in the Northeast Region. The report indicated no presence of Indiana Bat in any park and only minimal acoustic readings for NLE bat at Vanderbilt, which has the hazard tree and, as you stated, could be regarded as discountable or insignificant. I have attached the survey for your perusal. Given the information in the report, comments I have provided below, and your additional justifications you provided below, have we come to concurrence of No Effect for this project as it relates to the species listed below?

Michael

Sent: Tuesday, September 15, 2015 2:44 PM

Michael, See additional comments/questions below.

On Tue, Sep 15, 2015 at 10:31 AM, <michael.mcdaniels@dot.gov> wrote:

Thank you for the additional comments and insight. I believe you are correct in your assessment of the situation. In light of this, FHWA has determined the following:

Vanderbilt (VAMA BMS(1), Bridge Repair/Rehabilitation)‐

Given no in water work, we determine No Effect for the Dwarf Wedgemussel (Alasmidonta heterodon).

Additional justification would include 1) the project is not located in the Delaware/Neversink River system.

2) the work is above the waterline and 3) the streams do not provide suitable habitat for DWM. You can look at our website for a description of suitable habitat for DWM.

Given the work will remain in the footprint of the bridges and along their wingwalls, we determine No Effect for the New England Cottontail (Sylvilagus transitionalis).

Additional justification would include the work is within the highway right of way and the area does not provide suitable habitat. Also, just announced, NEC is no longer considered a candidate species as the Service found that the species is not warranted for listing.

Based on recent bat surveys and given only one tree will be removed and said tree is a hazard tree, we determine No Effect for the Indiana Bat (Myotis sodalis) and Northern Long‐eared Bat (Myotis septentrionalis).

What recent bat survey are you referencing and what were the results? Present/absence using acoustic or mist net surveys?

Saratoga (SARA BMS(1), Bridge Repair/Rehabilitation and Culvert work)‐

Given all proposed work will take place in and around the footprint of the bridges and culverts and no tree clearing will be part of this project, we determine No Effect for the Northern Long‐eared Bat (Myotis septentrionalis).

Please let me know if you concur and if you have any questions or concerns. Thanks again for your time and consideration.

Environmental Protection Specialist

FHWA‐EFL

703‐948‐1438

Sent: Thursday, September 10, 2015 3:21 PM

Michael -

Bridges should be surveyed per the Programmatic Rangewide informal consultation. Your effects determination should be based on bridge surveys in addition to considering trees and tree removal.

These comments also pertain to two other projects that I have reviewed are Saratoga National Historical Park and the Vanderbilt National Historical Site bridge.

Vanderbuilt - You provided an overall NLTAA determination, when you should evaluate the species separately, some may be no effect.

Also, it appears that the one tree that you propose to remove is a hazard tree, and effects may be discountable or insignificant.

Saratoga - if no tree clearing then no effect.

Please call if you have any questions.

On Wed, Sep 9, 2015 at 1:24 PM, <michael.mcdaniels@dot.gov> wrote:

Thank you for contacting me in regard to this matter. The streams involved in the proposed project are the Kroma Kill and Mill Creek, neither of which are listed by NY DEC as trout streams.

As for the NLE Bat, the bridge/culverts are cleared but some sources indicate the rare potential for NLE bat to roost under bridges. For this reason I gave the may affect, but not likely to adversely affect determination. However, if you feel this is inaccurate, I would not be against changing that determination.

Please let me know how we should proceed from here and thank you for your time and consideration.

Environmental Protection Specialist

FHWA‐EFL

703‐948‐1438

Sent: Wednesday, September 09, 2015 11:31 AM To: McDaniels, Michael (FHWA) Cc: Patricia Cole; Sandra Doran Subject: Queston Re: Project SARA BMS and Sec 7 Consultation

Hi Michael, Your determination of may affect, but is not likely to adversely affect the northern long-eared bat should be a no effect based on the fact that you state that "no trees will be removed as part of this project". I assume that the bridge/culvert access areas are cleared already.

Secondly,are the streams identified in your letter of August 27, 2015 classified by DEC as trout streams? If so, is there a proposed work window to protect fish spawning?

Sandra Doran, Fish & Wildlife Biologist

Conservation Planning Assistance/Endangered Species Branch

U.S. Fish & Wildlife Service

New York Field Office (Region 5)

3817 Luker Rd.

Cortland, NY 13045

(607) 753-9334 Ext. 0586 (voice)

(607) 753-9699 (fax) http://nyfo.fws.gov (web) sandra_doran@fws.gov (email)

Sandra Doran, Fish & Wildlife Biologist

Conservation Planning Assistance/Endangered Species Branch

• White Bridge (1797-001P) - 41°47’40.20”N, 73°56’22.40”W: The work includes repairing spalled and cracked areas of the curbs, railings and wingwalls. The erosion and undermining along the northwest wingwall will also be repaired.

• Bard Rock Bridge (1797-002P) - 41°48’18.60”N, 73°56’36.10”W: The work includes repointing the east abutment masonry joints, replacing deteriorated approach guardrail posts as necessary, removing the partially dead tree leaning over the railroad tracks toward the northwest wingwall, and removing any vegetation on the wingwalls.

• Rustic Bridge (1797-003P) - 41°47’27.30”N, 73°56’32.00”W: The work includes replacing missing stones and repointing the masonry mortar joints on the parapets as necessary, and the erosion and undermining along the northwest wingwall will be repaired.