NY023- TOTTEN-B8 CSS 95455 - REC - Mold Remediation - Building 330 (20231121).pdf

PDF 582 KB Posted

Attached to
Mold Remediation Fort Totten, NY
Solicitation number
W15QKN-24-Q-5038
Issued by

About this file

This sources sought notice requests information from contractors for mold remediation services at Fort Totten Building 330 in New York. The Army Contracting Command - New Jersey intends to award a firm-fixed-price purchase order for the remediation, with an expected period of performance of 30 days after notice to proceed. Contractors are asked to provide their company information, acknowledgement of understanding the draft statement of work, confirmation of capabilities to complete the required work, and responses limited to two pages by a specified due date. The solicitation will be posted via the Procurement Integrated Enterprise Environment for contractors to register, train on the system, and submit offers.

View the file

Other files

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

Fort Totten (NY023) CSS #95455 Mold Remediation - Building #330

Record of Environmental Consideration

U.S. Army Reserve, 99th Readiness Division

NATIONAL ENVIRONMENTAL POLICY ACT

RECORD OF ENVIRONMENTAL CONSIDERATION

FORT TOTTEN BUILDING 128,

BAYSIDE, NEW YORK (NY023)

1. Proponent: U.S. Army Reserve, 99th Readiness Division 5231 South Scott Plaza, Joint Base

MDL, NJ, 08640-5000

2. Project Title: Mold Remediation – Building #330 at Fort Totten, 200 Duane Road, Bayside, NY 11359.

3. Location of Action: Building 128, Fort Totten, Bayside, New York 11359

4. Description of the Proposed Action: The “Scope of Work (SOW) CSS# 95455, “Mold Remediation

– Building #330” provides detailed information on the proposed undertaking. In summary, the objective of the Performance Work Statement (PWS) is for the following: The contractor will provide all plant, labor, equipment, tools, materials, supervision, and transportation to accomplish the following work which consists of but not limited to mold remediation, repairs to ductwork/interior surfaces and installation of plenum exhaust fans at Building #330. Based upon a review of the PWS, it is possible that asbestos containing material (ACM) that will be disturbed. All encountered building materials should be considered to be ACM unless sampling and testing of said materials confirms that they are not ACM. It is recommended that destructive sampling of any suspect materials that will be altered during the course of this project be sampled to verify the absence or presence of asbestos. In addition, due to the age of this building, it is likely that lead based paint (LBP) will be disturbed and the contractor should implement procedures to eliminate or minimize the migration/release of lead-containing dust. Subsection 4.7.4 of the PWS states that “The contractor shall provide copies of all manifests or bills of lading for the transportation and disposal of all asbestos or asbestos containing materials to the Environmental Office.” Subsection 4.8 provides instructions to be implemented by the contractor in the event that material is encountered that may contain PCB’s, hazardous materials and/or lead. Specific details of the proposed action including demolition (as applicable), surface preparation and all equipment installations, are provided in Sections 11.3, 11.4, 11.5 and 11.6 of the PWS.

5. Anticipated Date of Proposed Action: FY2024

6. Environmental Documentation Reviewed:

a. Scope of Work – Mold Remediation – Building #330, CSS #95455, Fort Totten, 200 Duane Road, Building 128, Bayside, NY 11359, dated 26 October 2023.

b. Correspondence and consultation – NY SHPO dated 20 November 2023.

c. Correspondence and consultation (Project Code: 2024-0018950), with the USFWS under

Section 7 of the ESA, dated 22 November 2023.

d. Asbestos Operations & Maintenance Plan, US Army Reserve Centers (undated)

7. NEPA Requirements: This proposed action meets the criteria for categorical exclusion as stated in

Environmental Analysis of Army Actions (32 CFR Part 651.11) and the screening requirements of Subpart D paragraph 651.29 because (1) the action has not been segmented, (2) no exceptional circumstances exist and (3) one categorical exclusion encompasses the proposed action. The proposed action qualifies for categorical exclusion (g)(1) listed in 32 CFR Part 651.31 Appendix B, Section II and is as follows:

Fort Totten (NY023)

CSS #95455 Mold Remediation - Building #330 Record of Environmental Consideration

"Routine repair and maintenance of buildings, airfields, grounds, equipment, and other facilities.

Examples include, but are not limited to: Removal and disposal of asbestos-containing material (for example, roof material and floor tile) or lead-based paint in accordance with applicable regulations; removal of dead, diseased, or damaged trees; and repair of roofs, doors, windows, or fixtures (REC required for removal and disposal of asbestos-containing material and lead-based paint or work on historic structures)."

8. Justification for Categorical Exclusion: The proposed reuse does not constitute a significant change from current use. No exceptional environmental circumstances exist. Based on a review of the environmental documents listed above, the application of a categorical exclusion is appropriate for this action.

There will be no exterior ground disturbing activities and the 99th Readiness Division determined there will be no adverse effect to historic properties. The NY SHPO concurred with this determination via correspondence dated 20 November 2023. In the unlikely event of the discovery or identification of additional historic properties affected by the undertaking occurs, said discoveries will be handled in accordance with 36 CRF Part 800.13, and the 99th RD shall make reasonable efforts to avoid, minimize or mitigate adverse effects to such properties.

The 99th Readiness Division has made a no adverse effect determination regarding federally-listed threatened and/or endangered species, and the USFWS concurred with this determination (refer to correspondence dated 22 November 2023), which completes the consultation under Section 7 of the Endangered Species Act.

Based on a review of the environmental documents listed above, the application of a categorical exclusion is appropriate for this action.

The POC for the action is Daniel Van Voorhis, NEPA Coordinator, (609) 562-7665

Completed by:

_____________________________________________________21 November 2023___ DANIEL B. VAN VOORHIS Date Program Coordinator (Contractor) Environmental Planning and Cultural Resources, Contractor 99th Readiness Division, DPW

Approved by:

_____________________________________________________21 November 2023___ JACQUELINE SICILIANO Date Chief, Environmental Division 99th Readiness Division, DPW

New York State Office of Parks, Recreation and Historic Preservation Division for Historic Preservation, Peebles Island, PO Box 189, Waterford, New York 12188-0189

(518) 237-8643 • https://parks.ny.gov/shpo

KATHY HOCHUL ERIK KULLESEID

Governor Commissioner

November 20, 2023

William Irwin Conservation Program Coordinator US Army Reserve Contractor (Sol Solutions, LLC) 5231 S Scott Plaza Fort Dix, NJ 08640

Re: ARMY Mold Remediation- Building# 330 Fort Totten (NY023) 330 Pratt Ave, Bayside, NY 11359

23PR09185

Dear William Irwin:

Thank you for requesting the comments of the New York State Historic Preservation Office (SHPO). We have reviewed the provided documentation in accordance with Section 106 of the National Historic Preservation Act of 1966. These comments are those of the SHPO and relate only to Historic/Cultural resources. They do not include other environmental impacts to New York State Parkland that may be involved in or near your project.

We note that building #330 is a contributing building within the Fort Totten Historic District, which is eligible for listing in the State and National Registers of Historic Places. We have reviewed the description of work dated October 26, 2023. Based on that review, it is SHPO’s opinion that mold remediation work, as described, will have No Adverse Effect on historic or archeological resources. We recommend investigating the reason and source of the mold to prevent it from occurring in the future.

If you have any questions, you can e-mail me at the contact information below.

Sincerely, Mariana Staines Historic Site Restoration Coordinator 518-268-2142 | mariana.montesstaines@parks.ny.gov mailto:mariana.montesstaines@parks.ny.gov

November 22, 2023

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Long Island Ecological Services Field Office 340 Smith Road

Shirley, NY 11967-2258 Phone: (631) 286-0485 Fax: (631) 286-4003

In Reply Refer To:

Project code: 2024-0018950 Project Name: FAC ID (NY023) Fort Totten Mold Remediation- Building# 330 CSS# 95455

Federal Nexus: yes Federal Action Agency (if applicable): Army

Subject: Federal agency coordination under the Endangered Species Act, Section 7 for 'FAC

ID (NY023) Fort Totten Mold Remediation- Building# 330 CSS# 95455'

Dear William Irwin:

This letter records your determination using the Information for Planning and Consultation (IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on November 22, 2023, for “FAC ID (NY023) Fort Totten Mold Remediation- Building# 330 CSS# 95455” (here forward, Project). This project has been assigned Project Code 2024-0018950 and all future correspondence should clearly reference this number.

The Service developed the IPaC system and associated species’ determination keys in accordance with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) and based on a standing analysis. All information submitted by the Project proponent into the IPaC must accurately represent the full scope and details of the Project. Failure to accurately represent or implement the Project as detailed in IPaC or the Northeast Determination Key (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 determination to remain valid.

To make a no effect determination, the full scope of the proposed project implementation (action) should not have any effects (either positive or negative effect(s)), to a federally listed species or designated critical habitat. Effects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other activities that are caused by the proposed action. A consequence is caused by the proposed action if it would not occur but for the proposed action and it is reasonably certain to occur. Effects of the action may occur later in time and may include consequences occurring outside the immediate area involved in the action. (See § 402.17). Under Section 7 of the ESA, if a federal action agency makes a no effect determination, no further consultation with, or concurrence from, the Service is

11/22/2023 IPaC Record Locator: 859-134973556 2 required (ESA §7). If a proposed Federal action may affect a listed species or designated critical habitat, formal consultation is required (except when the Service concurs, in writing, that a proposed action "is not likely to adversely affect" listed species or designated critical habitat [50

CFR §402.02, 50 CFR§402.13]).

The IPaC results indicated the following species is (are) potentially present in your project area and, based on your responses to the Service’s Northeast DKey, you determined the proposed Project will have the following effect determinations:

Species Listing Status Determination Piping Plover (Charadrius melodus) Threatened No effect Roseate Tern (Sterna dougallii dougallii) Endangered No effect Rufa Red Knot (Calidris canutus rufa) Threatened No effect

Conclusion If there are no updates on listed species, no further consultation/coordination for this project is required for the species identified above. However, the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope, timing, duration, or location of the Project changes (includes any project changes or amendments); 2) new information reveals the Project may impact (positively or negatively) federally listed species or designated critical habitat; or 3) a new species is listed, or critical habitat designated. If any of the above conditions occurs, additional consultation with the Service should take place before project implements any changes which are final or commits additional resources.

In addition to the species listed above, the following species and/or critical habitats may also occur in your project area and are not covered by this conclusion:

Monarch Butterfly Danaus plexippus Candidate Northern Long-eared Bat Myotis septentrionalis Endangered

Please Note: If the Action may impact bald or golden eagles, additional coordination with the Service under the Bald and Golden Eagle Protection Act (BGEPA) (54 Stat. 250, as amended, 16 U.S.C. 668a-d) by the prospective permittee may be required. Please contact the Migratory Birds Permit Office, (413) 253-8643, or PermitsR5MB@fws.gov, with any questions regarding potential impacts to Eagles.

If you have any questions regarding this letter or need further assistance, please contact the Long Island Ecological Services Field Office and reference the Project Code associated with this Project.

11/22/2023 IPaC Record Locator: 859-134973556 3

Action Description You provided to IPaC the following name and description for the subject Action.

1. Name

FAC ID (NY023) Fort Totten Mold Remediation- Building# 330 CSS# 95455

2. Description

The following description was provided for the project 'FAC ID (NY023) Fort Totten Mold Remediation- Building# 330 CSS# 95455':

Mold remediation, repairs to ductwork/interior surfaces and installation of plenum exhaust fans at Building #330, Fort Totten NY.

The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@40.79094145,-73.77356374059782,14z https://www.google.com/maps/@40.79094145,-73.77356374059782,14z

11/22/2023 IPaC Record Locator: 859-134973556 4

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

QUALIFICATION INTERVIEW

As a representative of this project, do you agree that all items submitted represent the complete scope of the project details and you will answer questions truthfully?

Yes Does the proposed project include, or is it reasonably certain to cause, intentional take of listed species?

Note: This question could refer to research, direct species management, surveys, and/or studies that include intentional handling/encountering, harassment, collection, or capturing of any individual of a federally listed threatened, endangered, or proposed species.

No Is the action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part?

Yes Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), or Federal Transit Administration (FTA) the lead agency for this project?

No Are you including in this analysis all impacts to federally listed species that may result from the entirety of the project (not just the activities under federal jurisdiction)?

Note: If there are project activities that will impact listed species that are considered to be outside of the jurisdiction of the federal action agency submitting this key, contact your local Ecological Services Field Office to determine whether it is appropriate to use this key. If your Ecological Services Field Office agrees that impacts to listed species that are outside the federal action agency's jurisdiction will be addressed through a separate process, you can answer yes to this question and continue through the key.

Yes Are you the lead federal action agency or designated non-federal representative requesting concurrence on behalf of the lead Federal Action Agency?

Yes Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC)?

No Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)?

No Will the proposed project involve the use of herbicide where listed species are present?

No Are there any caves or anthropogenic features suitable for hibernating or roosting bats within the area expected to be impacted by the project?

No

11/22/2023 IPaC Record Locator: 859-134973556 5

11.

12.

13.

14.

15.

16.

17.

Does any component of the project associated with this action include structures that may pose a collision risk to birds (e.g., land-based or offshore wind turbines, communication towers, high voltage transmission lines, any type of towers with or without guy wires)?

Note: For federal actions, answer ‘yes’ if the construction or operation of wind power facilities is either (1) part of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.).

No Does any component of the project associated with this action include structures that may pose a collision risk to bats (e.g., land-based wind turbines)?

Note: For federal actions, answer ‘yes’ if the construction or operation of wind power facilities is either (1) part of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.).

No Will the proposed project result in permanent changes to water quantity in a stream or temporary changes that would be sufficient to result in impacts to listed species?

For example, will the proposed project include any activities that would alter stream flow, such as water withdrawal, hydropower energy production, impoundments, intake structures, diversion structures, and/or turbines? Projects that include temporary and limited water reductions that will not displace listed species or appreciably change water availability for listed species (e.g. listed species will experience no changes to feeding, breeding or sheltering) can answer "No". Note: This question refers only to the amount of water present in a stream, other water quality factors, including sedimentation and turbidity, will be addressed in following questions.

No Will the proposed project affect wetlands where listed species are present?

This includes, for example, project activities within wetlands, project activities within 300 feet of wetlands that may have impacts on wetlands, water withdrawals and/or discharge of contaminants (even with a NPDES).

No Will the proposed project activities (including upland project activities) occur within 0.5 miles of the water's edge of a stream or tributary of a stream where listed species may be present?

Yes Will the proposed project directly affect a streambed (below ordinary high water mark (OHWM)) of the stream or tributary where listed species may be present?

No Will the proposed project bore underneath (directional bore or horizontal directional drill) a stream where listed species may be present?

11/22/2023 IPaC Record Locator: 859-134973556 6

18.

19.

20.

21.

22.

23.

24.

25.

26.

Will the proposed project involve a new point source discharge into a stream or change an existing point source discharge (e.g., outfalls; leachate ponds) where listed species may be present?

No Will the proposed project involve the removal of excess sediment or debris, dredging or in-stream gravel mining where listed species may be present?

No Will the proposed project involve the creation of a new water-borne contaminant source where listed species may be present?

Note New water-borne contaminant sources occur through improper storage, usage, or creation of chemicals. For example: leachate ponds and pits containing chemicals that are not NSF/ANSI 60 compliant have contaminated waterways. Sedimentation will be addressed in a separate question.

No Will the proposed project involve perennial stream loss, in a stream of tributary of a stream where listed species may be present, that would require an individual permit under 404 of the Clean Water Act?

No Will the proposed project involve blasting where listed species may be present?

No Will the proposed project include activities that could negatively affect fish movement temporarily or permanently (including fish stocking, harvesting, or creation of barriers to fish passage).

No Will the proposed project involve earth moving that could cause erosion and sedimentation, and/or contamination along a stream or tributary of a stream where listed species may be present?

Note: Answer "Yes" to this question if erosion and sediment control measures will be used to protect the stream.

No Will earth moving activities result in sediment being introduced to streams or tributaries of streams where listed species may be present through activities such as, but not limited to, valley fills, large-scale vegetation removal, and/or change in site topography?

No Will the proposed project involve vegetation removal within 200 feet of a perennial stream bank where aquatic listed species may be present?

11/22/2023 IPaC Record Locator: 859-134973556 7

27.

28.

29.

30.

31.

32.

33.

Will erosion and sedimentation control Best Management Practices (BMPs) associated with applicable state and/or Federal permits, be applied to the project? If BMPs have been provided by and/or coordinated with and approved by the appropriate Ecological Services Field Office, answer "Yes" to this question.

Yes Is the project being funded, lead, or managed in whole or in part by U.S Fish and Wildlife Restoration and Recovery Program (e.g., Partners, Coastal, Fisheries, Wildlife and Sport Fish Restoration, Refuges)?

No Will the proposed project result in changes to beach dynamics that may modify formation of habitat over time?

Note: Examples of projects that result in changes to beach dynamics include 1) construction of offshore breakwaters and groins; 2) mining of sand from an updrift ebb tidal delta; 3) removing or adding beach sands;

and 4) projects that stabilize dunes (including placement of sand fences or planting vegetation).

No [Hidden Semantic] Is the project area located within the piping plover AOI?

Automatically answered Yes If you have determined that the piping plover is unlikely to occur within your project’s action area or that your project is unlikely to have any potential effects on the piping plover, you may wish to make a “no effect” determination for the piping plover. Additional guidance on how to make this decision can be found in the project review section of your local Ecological Services Field Office's website. CBFO: https://www.fws.gov/office/ chesapeake-bay-ecological-services/project-review ; MEFO: https://www.fws.gov/office/ maine-ecological-services ; NJFO: https://www.fws.gov/office/new-jersey-ecological-services/new-jersey-field-office-project-review-guide ; NEFO: https://www.fws.gov/office/ new-england-ecological-services/endangered-species-project-review#Step5 ; WVFO:

https://www.fws.gov/office/west-virginia-ecological-services/project-planning. If you are unsure, answer "No" and continue through the key.

Would you like to make a no effect determination for the piping plover?

Yes [Hidden Semantic] Is the project area located within the piping plover AOI?

Automatically answered Yes [Hidden Semantic] Is the project area located within the red knot AOI?

Automatically answered Yes

11/22/2023 IPaC Record Locator: 859-134973556 8

34.

35.

36.

37.

38.

39.

If you have determined that the red knot is unlikely to occur within your project’s action area or that your project is unlikely to have any potential effects on the red knot, you may wish to make a “no effect” determination for the red knot. Additional guidance on how to make this decision can be found in the project review section of your local Ecological Services Field Office's website. CBFO: https://www.fws.gov/office/chesapeake-bay-ecological-services/project-review ; MEFO: https://www.fws.gov/office/maine-ecological-services ; NJFO: https://www.fws.gov/office/new-jersey-ecological-services/new-jersey-field-office-project-review-guide ; NEFO: https://www.fws.gov/office/new-england-ecological-services/endangered-species-project-review#Step5 ; WVFO: https:// www.fws.gov/office/west-virginia-ecological-services/project-planning. If you are unsure, answer "No" and continue through the key.

Would you like to make a no effect determination for the red knot?

Yes [Hidden Semantic] Is the project area located within the roseate tern AOI?

Automatically answered Yes If you have determined that the roseate tern is unlikely to occur within your project’s action area or that your project is unlikely to have any potential effects on the roseate tern, you may wish to make a “no effect” determination for the roseate tern. Additional guidance on how to make this decision can be found in the project review section of your local Ecological Services Field Office's website. CBFO: https://www.fws.gov/office/ chesapeake-bay-ecological-services/project-review ; MEFO: https://www.fws.gov/office/ maine-ecological-services ; NJFO: https://www.fws.gov/office/new-jersey-ecological-services/new-jersey-field-office-project-review-guide ; NEFO: https://www.fws.gov/office/ new-england-ecological-services/endangered-species-project-review#Step5 ; WVFO:

https://www.fws.gov/office/west-virginia-ecological-services/project-planning. If you are unsure, answer "No" and continue through the key.

Would you like to make a no effect determination for the roseate tern?

Yes [Semantic] Does the project intersect the Virginia big-eared bat critical habitat?

Automatically answered No [Semantic] Does the project intersect the Indiana bat critical habitat?

Automatically answered No [Semantic] Does the project intersect the candy darter critical habitat?

Automatically answered

11/22/2023 IPaC Record Locator: 859-134973556 9

40.

41.

42.

43.

[Semantic] Does the project intersect the diamond darter critical habitat?

Automatically answered No [Semantic] Does the project intersect the Big Sandy crayfish critical habitat?

Automatically answered No [Hidden Semantic] Does the project intersect the Guyandotte River crayfish critical habitat?

Automatically answered No Do you have any other documents that you want to include with this submission?

11/22/2023 IPaC Record Locator: 859-134973556 10

2.

3.

PROJECT QUESTIONNAIRE

Approximately how many acres of trees would the proposed project remove?

Approximately how many total acres of disturbance are within the disturbance/ construction limits of the proposed project?

Briefly describe the habitat within the construction/disturbance limits of the project site.

No Habitats within the construction or project site

11/22/2023 IPaC Record Locator: 859-134973556 11

IPAC USER CONTACT INFORMATION

Agency: Army Name: William Irwin Address: 5231 S Scott Plaza City: Fort Dix State: NJ Zip: 08640 Email william.g.irwin.ctr@army.mil Phone: 3046396863

November 22, 2023

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Long Island Ecological Services Field Office 340 Smith Road

Shirley, NY 11967-2258 Phone: (631) 286-0485 Fax: (631) 286-4003

In Reply Refer To:

Project Code: 2024-0018950 Project Name: FAC ID (NY023) Fort Totten Mold Remediation- Building# 330 CSS# 95455

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. The 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 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 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.

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

11/22/2023 2 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:

https://www.fws.gov/sites/default/files/documents/endangered-species-consultation-handbook.pdf

Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what-we-do.

The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.

In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-migratory-birds.

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 Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.

11/22/2023 3

Attachment(s):

Official Species List

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:

Long Island Ecological Services Field Office 340 Smith Road Shirley, NY 11967-2258

(631) 286-0485

11/22/2023 4

PROJECT SUMMARY

Project Code: 2024-0018950 Project Name: FAC ID (NY023) Fort Totten Mold Remediation- Building# 330 CSS#

95455 Project Type: Military Operations Project Description: Mold remediation, repairs to ductwork/interior surfaces and installation of plenum exhaust fans at Building #330, Fort Totten NY.

Project Location:

The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@40.79094145,-73.77356374059782,14z

Counties: Queens County, New York

11/22/2023 5

ENDANGERED SPECIES ACT SPECIES

There is a total of 5 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

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

Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/9045

Endangered

BIRDS

NAME STATUS

Piping Plover Charadrius melodus Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered.

There is final critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/6039

Threatened

Roseate Tern Sterna dougallii dougallii Population: Northeast U.S. nesting population No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/2083

Endangered

Rufa Red Knot Calidris canutus rufa There is proposed critical habitat for this species.

Species profile: https://ecos.fws.gov/ecp/species/1864

Threatened https://www.fisheries.noaa.gov/ https://ecos.fws.gov/ecp/species/9045 https://ecos.fws.gov/ecp/species/6039 https://ecos.fws.gov/ecp/species/2083 https://ecos.fws.gov/ecp/species/1864

11/22/2023 6

INSECTS

NAME STATUS

Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/9743

Candidate

CRITICAL HABITATS

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

JURISDICTION.

YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL

ABOVE LISTED SPECIES.

https://ecos.fws.gov/ecp/species/9743

11/22/2023 7

IPAC USER CONTACT INFORMATION

Agency: Army Name: William Irwin Address: 5231 S Scott Plaza City: Fort Dix State: NJ Zip: 08640 Email william.g.irwin.ctr@army.mil Phone: 3046396863

U.S. Army Reserve, 99th Readiness Division
5. Anticipated Date of Proposed Action: FY2024
CSS 95455 Fort totten No Effects Consistency Letter.pdf
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Qualification interview
Project questionnaire
IPaC User Contact Information
CSS# 95455 FAC ID (NY023) Fort Totten Mold Remediation- Building# 330 Species List Long Island Ecological Services Field Office.pdf
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Official Species List
Project summary
Endangered Species Act species
Mammals
Birds
Insects
Critical habitats

IPaC User Contact Information

2023-11-22T12:56:27-0500
VAN VOORHIS.DANIEL.BOONE.1517176490
2023-11-22T13:10:17-0500
SICILIANO.JACQUELINE.1032976871

File details come from the government source that posted it. Updated .