Amend0001_W912WJ-17-Q-0087v.pdf

W13G8663271094

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

This amendment is being issued to update/revise the follow ing sections of the subject solicitation; Notice to Offerors, Performance Work Statement (PWS), and the Addition of Appendix E and Appendix F.

In addition, the solicitation period has been extend through to 12-APRIL-2017; on or before 4:00 PM EST. All other terms and conditions shall remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 12

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 06-Apr-2017

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912WJ-17-Q-0087

X 9B. DATED (SEE ITEM 11)

29-Mar-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

06-Apr-2017

CODE

U S ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA RD

CONCORD MA 01742-2751

W912WJ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912WJ-17-Q-0087

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 10-Apr-2017 12:00 PM to 12-Apr-2017 04:00 PM.

The following have been modified:

NOTICE TO OFFERORS

PLEASE DIRECT QUESTIONS TO PAIGE KIMBROUGH at 978‐318‐2869 OR Paige.C.Kimbrough‐Rowan@usace.army.mil. THE SOLICITATION AND RESULTING CONTRACT

SHALL BE THE GOVERNING DOCUMENT IN ALL CASES.

QUOTES CAN BE FAXED OR E‐MAILED TO PAIGE KIMBROUGH AT (978) 318‐8207 or Paige.C.Kimbrough‐Rowan@usace.army.mil. E‐MAIL IS THE PREFERRED METHOD OF

SUBMISSION.

QUOTATION INSTRUCTIONS:

1. If subcontractor(s) will be used for this work, please provide company name and credentials/qualifications:

2. Contractors must be REGISTERED and ACTIVE in the System for Awards Management (SAM) database (www.SAM.gov) to be eligible for award (formerly the Central Contractor Registration (CCR) database and the On‐Line Representations and Certifications (ORCA). Please note that Google and Google Chrome are not supported browsers for SAM registration. Mozilla FireFox, Safari, and Internet Explorer are supported browsers.

NOTE: SAM.gov registration takes approximately 3 weeks (DUNS registration 1‐2 business days; CAGE code validation up to 10 business days; IRS validation and overall submission 7‐10 business days). It is the contractor’s responsibility to track SAM.gov registration and follow‐up with required tasks. SAM.gov registration does not have to be “active” to be able to submit a quote. However, contractors must have an active record before a contract award can be made. If SAM.gov registration is not completed in a timely fashion in accordance with the SAM.gov timelines, the Government reserves the right to disqualify the quote in accordance with FAR 52.204‐7(d).

3. Provide DUNS number: ___________________________ (telephone 866‐705‐5711 for DUNS)

4. Provide CAGE code: ____________________________

5. Provide TAX ID: ________________________________

6. Per FAR Clause 52.212‐3 Alt I, the Contractor is required to complete the On‐line Representations and Certifications Application (www.SAM.gov) and paragraph (b) if applicable, OR to complete paragraphs (c) thru (m) of this clause and return with quote.

7. POTENTIAL OFFERORS ARE NOTIFIED THAT THE BASIS FOR AWARD IS LOWEST PRICE.

PERFORMANCE WORK STATEMENT

BIOMONITORING AND HABITAT EVALUATION

U.S. ARMY CORPS OF ENGINEERS

BIRCH HILL DAM

ROYALSTON, MASSACHUSETTS

Performance Work Statement March 2017

A. General

1. Scope – Furnish all equipment, materials, labor, and transportation necessary to perform bio monitoring & habitat evaluation services at Birch Hill Dam. The work includes, field work, analysis and a final report.

2. Location – Birch Hill Dam is located at 68 Birch Hill Dam Road, Royalston, Massachusetts.

The study areas specified in the contract are located on project lands in the towns of Royalston, Winchendon & Templeton, Massachusetts.

3. Site Visit – Contact the Technical Point of Contact to arrange a site visit. The Technical Point of Contact for the project is Park Ranger, Zachery Koziol (978-318-8265, or zachery.e.koziol@usace.army.mil).

4. Schedule – The field work is to be performed between April 2017 and August 2017. Final analysis and report shall be submitted no later than October 1, 2017. The overall Period of Performance shall be DATE OF AWARD through 01-NOVEMBER-2017.

5. Pre-Work Conference – Prior to the start of any work, the Technical Point of Contact will schedule and conduct a “Pre-Work Conference”. The Contractor’s Project Manager and Quality Control Personnel will attend this meeting. This conference will be held at the time and location agreeable to the government and contractor. No work may be performed under this contract prior to this conference. The purpose of the conference is to enable the Technical Point of Contact to outline the procedures that will be followed by the Government in its administration of the contract, and to discuss the performance that will be expected from the Contractor. This conference will allow the Contractor an opportunity to ask questions about the Government’s administration and inspection of contract work or obtain other pertinent information that might be required. At the Pre-Work conference the contractor shall provide the name of the project superintendent with a telephone number for project coordination.

The following is a general list of items for discussion during this Pre-Work Conference:

i. Authority of the Technical Point of Contact.

ii. Contractor’s Safety Program (including sub-contractors).

iii. Abbreviated Accident Prevention Plan and Activity Hazard Analysis (Submitted & accepted prior to start of work on site)

iv. Contractor’s Equipment

v. Correspondence, Communication and Administrative Procedures.

vi. Invoice and payment.

6. Permits – The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses, permits, and letters of certification. The Contractor shall comply with any applicable Federal, State, County, and Municipal laws, codes, and regulations in connection with the performance of the work specified under this contract.

7. Security – The contractor will comply with all established security policies at Birch Hill Dam. Due to periods of heightened security that may affect the access to the areas covered under this contract, the Government reserves the right to close any property or portion of property and reschedule and/or cancel any subsequent service. The Contractor shall be given at least 24 hour notice of any such closure.

8. Contractor Conduct – Alcohol and firearms are prohibited on project grounds. Contractor and employees must comply with CFR 36 Rules and Regulations.

9. Payment – After final inspection and acceptance by the Government, the Contractor must submit an invoice to the Technical Point of Contact. The invoice shall include the invoice date, contract number, dates of service, description of work, quantities, and total amount due per line item.

All invoices may be mailed to U.S. Army Corps of Engineers 68 Birch Hill Dam Road, Birch Hill Dam Royalston, MA 01368

Or Emailed to zachery.e.koziol@usace.army.mil

B. Technical Requirements:

General Requirement:

1. Summary – Furnish all equipment, materials, labor, and transportation necessary to perform bio monitoring & habitat evaluation services at Birch Hill Dam. Contractor’s work and responsibility shall include, but not be limited to, all job planning, programming, scheduling, administration, inspection, personnel, equipment, vehicles, fuel, materials, supplies, supervision, and quality control necessary to perform the various services required herein.

i. Base Requirement – Study Area 1 includes approximately 178 acres.

ii. Optional Requirement – Study Area 2 includes approximately 235 acres.

iii. Optional Requirement – Study Area 3 includes approximately 72 acres.

2. Existing Conditions - Birch Hill Dam is a 74 year old flood reduction management project with a 175 square mile drainage area encompassing roughly 4,300 acres (completed in 1942). Birch Hill Dam is located on the Miller’s River, a tributary to the Connecticut River Basin and 11 miles northeast of Athol, Massachusetts. The landscape is a primarily forested with a blend of wetland and open field spread throughout. Study areas consist mostly of red plantation pine with white pine, red oak, white oak, scrub oak & pitch pine speckled throughout. The understory has plants of the heath family, such as blueberries and bearberry, and shrubs, such as hazelnut, can be commonly found in these study areas.

3. Safety Requirements - All work shall be conducted in accordance with the U.S.

Army Corps of Engineers Safety and Health requirements Manual (EM 385-1-1, most recent edition), and all applicable federal, state, and local safety and health requirements. A copy of EM 385-1-1 can be accessed electronically at Headquarters USACE website under publications using the following link:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM _385-1-1.pdf

4. Modified Activity Hazard Analysis

a. A Modified AHA shall be submitted and must cover all the major phases of work.

A major phase of work is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform the work. The analysis shall define all activities to be performed, identify the sequence of work, the specific hazards anticipated, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level. Work shall not proceed on a phase of work until the AHAs have been accepted by the GDA. A preparatory meeting shall be conducted by the prime contractor to discuss the Modified AHA’s contents with all effected onsite employees. The Modified AHA shall be continuously reviewed and revised to address changing site conditions as appropriate. The AHA’s shall interface with the Contractor's overall safety and health program.

b. Emergency Reponses Procedures shall be documented in the Modified AHA and will include a map with directions to the nearest hospital, emergency contact numbers, and onsite First Aid/CPR responders. (See APPENDIX B-1 & B-2)

5. Required Personnel

a. The Contractor shall designate one employee as the site’s Competent Person (CP) who is responsible for ensuring a safe environment for all employees. The CP shall be present at the project site and report to the contractor’s upper management. The CP is required to have related construction and/or service experience.

b. In addition, when emergency medical services are not accessible within 5 minutes of the work location and there are 2 or more workers onsite, at least 2 employees shall be trained in First Aid and CPR. Minimum qualifications are listed in EM 385-1-1, Section 03.A.02.c.

6. Accident Reporting

a. All accidents and near misses shall be investigated by the Contractor. All work-related recordable injuries, illnesses and property damage accidents (excluding on-the-road vehicle accidents), in which the property damage exceeds $5,000.00, shall be verbally reported to the GDA within 4 hours of the incident. Serious accidents as described in EM 385-1-1 Section 01.D shall be immediately reported to the GDA. ENG Form 3394 shall be completed and submitted to the GDA within five working days of the incident. (See Appendix C)

b. The Contractor shall complete the attached “USACE Contractor Monthly Summary Record of Injuries/Illness and Work Hour Exposure” (for prime and its subcontractors) and forward the completed form to the GDA no later than close of business on the 5th calendar day of the following month. The method of transmission by the prime contractor to the GDA shall be electronically. (See Appendix D)

7. Clean Up and Waste Disposal – The contractor shall keep the work area free from accumulation of waste materials. Any and all disturbed areas resulting from contractor activities shall be restored by the contractor to the satisfaction of the Technical Point of Contact.

8. Environmental Protection – Containers for excess and/ or waste materials, rubbish, etc. shall be provided by the contractor at the site, and the site will be inspected/ cleaned on a daily basis. Water, air and land resources shall not be adversely impacted during the course of the work. Contractor will take necessary steps to ensure all federal, state, and local environmental regulatory requirements are met.

9. Government Resources – The contractor may use the existing restroom facilities at

Birch Hill Dam. The government will supply any electricity and water necessary for the project work from points of existing outlets. The contractor shall carefully conserve the use of electricity and water provided. The contractor shall supply his own means of communication (telephone).

10. Omissions – This contract may not cover all specified activities, steps, and procedures required to supply the contract product. In case of omission, the normal industry, state, or federal standards, practices, specifications, and/or guides shall prevail. In no instance shall an omission be reason to produce less than an acceptable product.

11. Quality Assurance – The contractor is responsible for the quality control of the contract work. The contractor shall establish and maintain a quality control system to assure compliance with the contract requirements. The government has the right to inspect and test all items called for by the contract, to the extent practicable at all times and at all places during the term of the contract.

12. Receiving and Storing Materials – The Government will provide a storage area and parking for contractor personnel. The contractor is responsible for protecting any stored material until it is placed in service. The contractor is responsible for receiving and unloading of delivered goods. Government employees will not receive material for supplies for the contractor and will not be responsible for damage to the contractor’s equipment or materials.

13. Requests for information – Requests concerning the work of this project should be directed to the Technical Point of Contact, Zachey Koziol at 978-318-8262 or zachery.e.koziol@usace.army.mil.

14. Submittals – Although the Government technically reviews submissions required by this scope of work, it is emphasized that the Contractor’s work must be prosecuted using proper internal controls and review procedures. The documents identified below must be prepared in accordance with the applicable standards, submitted for review and accepted by the Government.

a. Modified Activity Hazard Analysis – Pre-work submittal

b. Digital Data: Aerial Photo Wetland Mapping and other GIS Data 1” ≤ 1,000 ft

(compatible with ESRI product ArcMap 10.x) – Post-work submittal

c. Any Natural Resource Inventory Data and Field Forms – Post-work submittal

d. Photo Documentation – Post-work submittal

e. Evaluation Report (1 hard bound hard copy and a digital copy) – Post-work submittal

NOTE: All data, materials, submittals and maps gathered and/or developed in the performance of this contract shall be the property of the Government.

15. References – All work shall be in conformance with :

a. Sorrie, B. and Somers, P. 1999. The vascular plants of Massachusetts: A county checklist. Massachusetts Division of Fisheries and Wildlife, Natural Heritage and Endangered Species Program, Westborough, MA.

b. Birds:

Blodget, B.G. 1998. Checklist of the birds of Massachusetts. Massachusetts Division of Fisheries and Wildlife. Westborough, MA.

c. Reptiles and Amphibians:

Cardoza, James E. and Peter G. Mirick. 1999. List of the reptiles and amphibians of Massachusetts, 3rd edition. Massachusetts Division of Fisheries and Wildlife, Fauna of Massachusetts Series No. 3.

Westborough, MA.

d. Northern Long Eared Bat Final 4 (d) Rule:

USFWS: Northern Long-Eared Bat

e. Natural Heritage and Endangered Species Program observation form (see:

http://www.mass.gov/dfwele/dfw/nhesp/publications/nhesp_forms.htm).

f. Biological Assessment Birch Hill Wildlife Management Area Baldwinsville

Massachusetts. David H. Small and Matthew Hickler, PhD. 2012 (see APPENDIX E)

g. Ecological Assessment Birch Hill Wildlife Management Area. David H. Small, Matthew Hickler, PhD, and David Brown. 2007 (See APPENDIX F)

Service Requirements

1. Botanical Survey and Habitat Evaluation:

a. Objectives:

i. Document any rare plant species and ecologically significant habitats in treatment areas as indicated in attached map (Figures A, B, & C).

ii. Characterize a representative example of pre-treatment vegetation.

b. Methods:

i. Botanical/Ecological survey: Conduct field surveys in each of the areas proposed for study. The first survey will focus on picking up vernal species that become obscure later in the season; the second survey will be timed to pick up mid-to-late season species.

ii. Vegetation survey: Three standard releve (5 meter by 5 meter square) samples will be completed in a representative example of the most prominent vegetation type encountered in each proposed treatment area. Methodology will adhere to that in current use by the Massachusetts Natural Heritage and Endangered Species Program for community classification and characterization.

Releves will be taken in mid-summer.

c. Deliverables:

i. A written brief summary of vegetation structure and distribution in the study areas.

ii. Detailed information on any rare species or significant habitats encountered. The information provided will be sufficient for managers to make informed decisions.

iii. Standard Form 3 releve summary sheets for each vegetation sample.

iv. A checklist of plant species documented at each site.

2. Reptile and Amphibian Assessment:

i. Document any rare reptile and amphibian species and ecologically significant habitats in treatment areas as indicated in attached map (Figures A, B, & C).

ii. Characterize a representative example of pre-treatment reptile and amphibian existence in the area.

b. Methods:

i. Searches on sunny spring days for basking reptiles.

ii. Placement and periodic checking of cover boards for snakes.

iii. Walk-throughs of each site to assess habitat and look for reptiles and amphibians.

iv. Checking potential turtle nesting sites in early June.

c. Deliverables:

i. A written brief summary of reptile and amphibian species found in the treatment areas.

ii. Recommendations to maximize the benefit of the proposed treatment for reptiles and amphibians. The information provided will be sufficient for managers to make informed decisions.

iii. Copies of all field sample forms and associated digital photographs taken in field.

iv. A checklist of reptile and amphibian species documented at each treatment site.

3. Breeding Bird Assessment:

i. Document any rare bird species and ecologically significant habitats in treatment areas as indicated in attached map (Figures A, B, & C).

ii. Characterize a representative example of pre-treatment avian existence in the area.

b. Methods:

i. Bird community assessments will be consist of two visits each treatment area as shown in maps provided by USACE.

ii. Surveys will be conducted between late May and mid-June 2017 between 0530 and 0900h, with the site visit order reversed on the second visit. These will be 30-43 min “walk-through” assessments, recording all birds detected in an infinite counting radius and with no attempt to separate birds confined to the sites vs. those in the surrounding forest and ecotone.

c. Deliverables:

i. A written report describing the results of the objectives listed above. This will include a list of all species seen or heard. If a rare species is encountered, it will be documented with the date, time, and GPS location.

4. Invertebrate Assessment

i. Document any rare invertebrate species and ecologically significant habitats in treatment areas as indicated in attached maps (Figures A, B, & C).

ii. Characterize a representative example of pre-treatment invertebrate existence in the area.

b. Methods:

i. Invertebrate community assessment will consist of a minimum of two visits to each of the

ii. treatment areas on predominately sunny days with ambient temperature greater than 60 degree F.

iii. Surveys will be conducted between late May through July and consist of a 2 to 4 hour walk through assessment, recording all species of Dragonflies, Moth, and Butterflies detected. When possible digital images will be taken of species detected and included in the report. Specimens of invertebrates may be collected to corroborate identification and provide vouchers for the MNHESP. A total species list will be developed and all data will be entered in an Excel spreadsheet and included in the report.

c. Deliverables:

i. A written report describing the results of the objectives listed above. This will include a list of all species seen or heard. If a rare species is encountered, it will be documented with a photograph, the date, time, and GPS location.

5. Northern Long-Eared Bat

i. Document Northern Long-Eared Bat (NLEB) species and ecologically significant habitats in treatment areas as indicated in attached maps (Figures A, B, & C).

b. Methods:

i. NLEB assessment will be completed in compliance with U.S. Fish and Wildlife Service’s (USFWS) January 5, 2016 4(d) rule. See Appendix A for supporting documentation and guidance.

c. Deliverables:

i. A written report describing the results of the objectives listed above. This will include a list of any Northern Long-Eared Bats seen or heard. If a rare species is encountered, it will be documented with, if possible, a photograph, the date, time, and GPS location.

Service Locations Birch Hill Dam Project Location consists of three study areas (Study Area 1, Study Area 2 & Study Area 3– Figures A, B, & C). The area descriptions are presented below and detailed in Table 1:

1. Study Area 1:

Elm Street Polygon - 178 acres (Figures A)

2. Study Area 2:

River Road Polygon – 235 acres (Figures B)

3. Study Area 3:

Spillway Polygon – 72 acres (Figures C)

4. Schedule:

Weekdays & Weekends: To provide the best possible sampling, hours of field work will not be limited to specific times or days of the week. Field personnel will be aware of current hunting seasons and dress appropriately in safety orange if working during respective state hunting seasons. Hunting seasons range over the entire contractor period of performance.

Estimated Quantities

1. Contractor will bid on providing the described bio monitoring & habitat evaluation on Study Area 1 (178 acres). Study Area 2 (235 acres) and Study Area 3 (72 acres) will be separate line items for contractor to offer a price on. It will be at the discretion of the government if they will exercise one, or both, of the option line items under this contract.

U.S. ARMY CORPS OF ENGINEERS

BIRCH HILL DAM

ROYALSTON, MASSACHUSETTS

Figures

Figure A: Study Area 1 – 178 Acres

BIRCH HILL DAM

ROYALSTON, MASSACHUSETTS

Figure B: Study Area 2 – 235 Acres

BIRCH HILL DAM

ROYALSTON, MASSACHUSETTS

Figure C: Study Area 3 – 72 Acres

APPENDIX A-D

(End of Summary of Changes)

Streamlined Consultation Form (2-29-16)

Key to the Northern Long-Eared Bat 4(d) Rule for Federal Actions that May Affect Northern Long-Eared Bats

A separate key is available for non-federal activities

Federal agency actions that involve incidental take not prohibited under the final 4(d) rule may result in effects to individual northern long-eared bats. Per section 7 of the Act, if a federal agency's action may affect a listed species, consultation with the Service is required. This requirement does not change when a 4(d) rule is implemented. However, for this 4(d) rule, the Service proposed a framework to streamline section 7 consultations when federal actions may affect the northern long-eared bat but will not cause prohibited take. Federal agencies have the option to rely upon the finding of the programmatic biological opinion for the final 4(d) rule to fulfill their project-specific section 7 responsibilities by using the framework. This key will help federal agencies determine if their actions may cause prohibited incidental take of northern long-eared bats as defined in the 4(d) rule under the Endangered Species Act and if separate section 7 consultation may be necessary. Also, the framework for streamlining northern long-eared bat section 7 consultation is provided.

1. Have you determined that the proposed action will have “no effect” on the northern long-eared bat?

Yes, the proposed action will have “no effect” on the northern long-eared bat.

When the action agency determines its proposed action will not affect a listed species, there is no need to coordinate further with the Service. If the northern long-eared bat will not be exposed directly or indirectly to the proposed action or any resulting environmental changes, an agency should conclude "no effect" and document the finding and this completes the section 7 process. For example, if suitable habitat is not present in the action area and the project does not otherwise present a risk to the species, conclude "species not present" and document your finding.

No, the proposed action “may affect” the northern long-eared bat or individual northern long-eared bats.

Continue to #2

2. Will your activity purposefully take (see Definitions below) northern long-eared bats?

For example, are you removing bats from a human structure or capturing bats for research?

Yes, my activity includes purposefully taking northern long-eared bats.

• Removing bats from human structures is not prohibited and take of northern long-eared bats as required for public health monitoring (disease testing) is not prohibited. The federal agency can rely upon the finding of the programmatic biological opinion for the final 4(d) rule to fulfill their project-specific section 7 responsibilities if they use the framework described below. This framework is

U.S. Fish and Wildlife Service 2 Created Jan. 13, 2016; Revised Feb. 17, 2016 optional, if the federal agency chooses not to follow the framework, standard section 7 consultation procedures apply.

• Research that involves handling bats does require a permit after May 4, 2016; if you are conducting research that includes capturing and handling northern long-eared bats, you should contact the U.S. Fish and Wildlife Service to apply for a permit. www.fws.gov/endangered/regions

• Other purposeful take (see Definitions below) of northern long-eared bats is prohibited. You should contact the U.S. Fish and Wildlife Service as the standard section 7 consultation procedures apply.

No, my activity does not include purposefully taking northern long-eared bats.

Continue to #3.

3. Is the action area (i.e., the area affected by all direct and indirect project effects) located wholly outside the White-nose Syndrome Zone? For the most current version of the White-nose Syndrome Zone map, please see www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf

Yes, the action area is located wholly outside the white-nose syndrome zone.

Incidental take (see Definitions below) of northern long-eared bats is not prohibited in areas outside the White-nose Syndrome Zone. The federal agency can rely upon the finding of the programmatic biological opinion for the final 4(d) rule to fulfill their project-specific section 7 responsibilities if they use the framework described below.

This framework is optional, if the federal agency chooses not to follow the framework, standard section 7 consultation procedures apply.

No, the action area is located partially or wholly inside the white-nose syndrome zone.

Continue to #4

4. Will the action take affect caves or mines where northern long-eared bats are known to hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or other alteration) of a hibernaculum?

Yes, the action will affect a northern long-eared bat hibernaculum or it could alter the entrance or the environment (physical or other alteration) of a hibernaculum.

Take (see Definitions below) of northern long-eared bats within hibernacula is prohibited, including actions that may change the nature of the hibernaculum’s environment or entrance to it, even when the bats are not present. If your activity includes work in a hibernaculum or it could alter its entrance or environment, please contact the Service’s Ecological Services Field Office located nearest to the project area. To find contact information for the Ecological Services Field Offices, please see www.fws.gov/offices.

http://www.fws.gov/endangered/regions http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf http://www.fws.gov/offices

U.S. Fish and Wildlife Service 3 Created Jan. 13, 2016; Revised Feb. 17, 2016

No, the action will not take place within a northern long-eared bat hibernaculum or alter its entrance or environment.

Continue to #5

5. Will the action involve tree removal (see definition below)?

No, the action does not include tree removal.

Incidental take (see Definitions below) from activities that do not involve tree removal and do not take place within hibernacula or would not alter the hibernaculum’s entrance or environment (see Question #4), is not prohibited. The federal agency can rely upon the finding of the programmatic biological opinion for the final 4(d) rule to fulfill their project-specific section 7 responsibilities if they use the framework described below.

This framework is optional, if the federal agency chooses not to follow the framework, standard section 7 consultation procedures apply.

Yes, the action involves tree removal.

Continue to #6

6. Is the action the removal of hazardous trees for protection of human life or property?

Yes, the action is removing hazardous trees.

Incidental take (see Definitions below) of northern long-eared bats as a result of hazardous tree removal is not prohibited. The federal agency can rely upon the finding of the programmatic biological opinion for the final 4(d) rule to fulfill their project-specific section 7 responsibilities if they use the framework described below. This framework is optional, if the federal agency chooses not to follow the framework, standard section 7 consultation procedures apply.

No, the action is not removing hazardous trees.

Continue to #7

7. Will the action include one or both of the following: 1) removing a northern long-eared bat known occupied maternity roost tree or any trees within 150 feet of a known occupied maternity roost tree from June 1 through July 31; or 2) removing any trees within 0.25 miles of a northern long-eared bat hibernaculum at any time of year?

No Incidental take (see Definitions below) from tree removal activities is not prohibited unless it results from removing a known occupied maternity roost tree or from tree removal activities within 150 feet of a known occupied maternity roost tree from June 1 through July 31 or results from tree removal activities within 0.25 mile of a hibernaculum at any time. The federal agency can rely upon the finding of the programmatic biological opinion for the final 4(d) rule to fulfill their project-specific section 7 responsibilities if they use the framework described below. This framework is optional, if the federal agency chooses not to follow the framework, standard section 7 consultation procedures apply.

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Yes Incidental take (see Definitions below) of northern long-eared bats is prohibited if it occurs as a result of removing a known occupied maternity roost tree or removing trees within 150 feet of a known occupied maternity roost tree during the pup season from June 1 through July 31 or as a result of removing trees from within 0.25 mile of a hibernaculum at any time of year. This does not mean that you cannot conduct your action; however, standard section 7 consultation procedures apply. Please contact your nearest Ecological Services Field Office. To find contact information for the Ecological Services Field Offices, please see www.fws.gov/offices

How do I know if there is a maternity roost tree or hibernacula in the action area?

We acknowledge that it can be difficult to determine if a maternity roost tree or a hibernaculum is in your project area. Location information for both resources is generally kept in state Natural Heritage Inventory databases – the availability of this data varies state-by-state. Many states provide online access to their data, either directly by providing maps or by providing the opportunity to make a data request. In some cases, to protect those resources, access to the information may be limited. A web page with links to state Natural Heritage Inventory databases is available at www.fws.gov/midwest/endangered/mammals/nleb/nhisites.html.

When looking for information on the presence of maternity roost trees or hibernacula within your project area, our expectation is that the federal action agency will complete due diligence to determine if date is available. If information is not available, document your attempt to find the information and send it with your determination under step 1 of the framework (see below).

We do not require federal agencies to conduct surveys; however, we recommend that surveys be conducted whenever possible. Surveys will help federal agencies meet their responsibilities under section 7(a)(1) of the Act. Active participation of federal agencies in survey efforts will lead to a more effective conservation strategy for the northern long-eared bat. In addition, should the Service reclassify the species as endangered in the future, an agency with a good understanding of how the species uses habitat based on surveys within its action areas could have greater flexibility under section 7(a)(2) of the Act. Recommended survey methods are available at www.fws.gov/midwest/endangered/mammals/nleb.

http://www.fws.gov/offices http://www.fws.gov/midwest/endangered/mammals/nleb/nhisites.html http://www.fws.gov/midwest/endangered/mammals/nleb

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Definitions “Incidental take” is defined by the Endangered Species Act as take that is "incidental to, and not the purpose of, the carrying out of an otherwise lawful activity." For example, harvesting trees can kill bats that are roosting in the trees, but the purpose of the activity is not to kill bats.

“Known hibernacula” are defined as locations where one or more northern long-eared bats have been detected during hibernation or at the entrance during fall swarming or spring emergence. Given the challenges of surveying for northern long-eared bats in the winter, any hibernacula with northern long-eared bats observed at least once, will continue to be considered “known hibernacula” as long as the hibernacula remains suitable for northern long-eared bat.

“Known occupied maternity roost trees” is defined in the 4(d) rule as trees that have had female northern long-eared bats or juvenile bats tracked to them or the presence of female or juvenile bats is known as a result of other methods. Once documented, northern-long eared bats are known to continue to use the same roosting areas. Therefore, a tree will be considered to be a “known occupied maternity roost” as long as the tree and surrounding habitat remain suitable for northern long-eared bat. The incidental take prohibition for known occupied maternity roosts trees applies only during the during the pup season (June 1 through July 31).

“Purposeful take” is when the reason for the activity or action is to conduct some form of take. For instance, conducting a research project that includes collecting and putting bands on bats is a form of purposeful take. Intentionally killing or harming bats is also purposeful take and is prohibited.

“Take” is defined by the ESA as ‘to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect” any endangered species. Purposeful take is when the reason for the activity or action is to conduct some form of take. For instance, conducting a research project that includes collecting and putting bands on bats is a form of purposeful take.

“Tree removal” is defined in the 4(d) rule as cutting down, harvesting, destroying, trimming, or manipulating in any other way the trees, saplings, snags, or any other form of woody vegetation likely to be used by northern long-eared bats.

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Optional Framework to Streamline Section 7 Consultation for the Northern Long-Eared Bat

The primary objective of the framework is to provide an efficient means for U.S. Fish and Wildlife Service verification of federal agency determinations that their proposed actions are consistent with those evaluated in the programmatic intra-Service consultation for the final 4(d) rule and do not require separate consultation. Such verification is necessary because incidental take is prohibited in the vicinity of known hibernacula and known roosts, and these locations are continuously updated. Federal agencies may rely on this Biological Opinion to fulfill their project-specific section 7(a)(2) responsibilities under the following framework:

1. For all federal activities that may affect the northern long-eared bat, the action agency will provide project-level documentation describing the activities that are excepted from incidental take prohibitions and addressed in this consultation. The federal agency must provide written documentation to the appropriate Service Field Office when it is determined their action may affect (i.e., not likely to adversely affect or likely to adversely affect) the northern long-eared bat, but would not cause prohibited incidental take. This documentation must follow these procedures:

a. In coordination with the appropriate Service Field Office, each action agency must make a determination as to whether their activity is excepted from incidental taking prohibitions in the final 4(d) rule. Activities that will occur within 0.25 mile of a known hibernacula or within 150 feet of known, occupied maternity roost trees during the pup season (June 1 to July 31) are not excepted pursuant to the final 4(d) rule. This determination must be updated annually for multi-year activities.

b. At least 30 days in advance of funding, authorizing, or carrying out an action, the federal agency must provide written notification of their determination to the appropriate Service Field Office.

c. For this determination, the action agency will rely on the definitions of prohibited activities provided in the final 4(d) rule and the activities considered in this consultation.

d. The determination must include a description of the proposed project and the action area (the area affected by all direct and indirect project effects) with sufficient detail to support the determination.

e. The action agency must provide its determination as part of a request for coordination or consultation for other listed species or separately if no other species may be affected.

f. Service concurrence with the action agency determination is not required, but the Service may advise the action agency whether additional information indicates consultation for the northern long-eared bat is required; i.e., where the proposed project includes an activity not covered by the 4(d) rule and thus not addressed in the Biological Opinion and is subject to additional consultation.

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g. If the Service does not respond within 30 days under (f) above, the action agency may presume its determination is informed by best available information and consider its project responsibilities under section 7(a)(2) with respect to the northern long-eared bat fulfilled through this programmatic Biological Opinion.

2. Reporting

a. For monitoring purposes, the Service will assume all activities are conducted as described. If an agency does not conduct an activity as described, it must promptly report and describe such departures to the appropriate Service Field Office.

b. The action agency must provide the results of any surveys for the northern long-eared bat to the appropriate Service Field Office within their jurisdiction.

c. Parties finding a dead, injured, or sick northern long-eared bat must promptly notify the appropriate Service Field Office.

If a Federal action agency chooses not to follow this framework, standard section 7 consultation procedures will apply.

Section 7(a)(1) of the Act directs Federal agencies, in consultation with and with the assistance of the Secretary (a function delegated to the Service), to utilize their authorities to further the purposes of the Act by carrying out conservation programs for the benefit of endangered and threatened species. Service Headquarters provides to federal action agencies who choose to implement the framework described above several conservation recommendations for exercising their 7(a)(1) responsibility in this context. Conservation recommendations are discretionary federal agency activities to minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to help implement recovery plans, or to develop information. Service Headquarters recommends that the following conservation measures to all Federal agencies whose actions may affect the northern long-eared bat:

1. Perform northern long-eared bat surveys according to the most recent Range-wide Indiana

Bat/ northern long-eared bat Summer Survey Guidelines. Benefits from agencies voluntarily performing northern long-eared bat surveys include:

a. Surveys will help federal agencies meet their responsibilities under section 7(a)(1) of the Act. The Service and partners will use the survey data to better understand habitat use and distribution of northern long-eared bats, track the status of the species, evaluate threats and impacts, and develop effective conservation and recovery actions. Active participation of federal agencies in survey efforts will lead to a more effective conservation strategy for the northern long-eared bat.

b. Should the Service reclassify the species as endangered in the future, an agency with a good understanding of how the species uses habitat based on surveys within its action areas could inform greater flexibility under section 7(a)(2) of the Act. Such information could facilitate an expedited consultation and incidental take statement that may, for example, exempt taking associated with tree removal during the active season, but outside of the pup season, in known occupied habitat.

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2. Apply additional voluntary conservation measures, where appropriate, to reduce the impacts of activities on northern long-eared bats. Conservation measures include:

a. Conduct tree removal activities outside of the northern long-eared bat pup season (June 1 to July 31) and/or the active season (April 1 to October 31). This will minimize impacts to pups at roosts not yet identified.

b. Avoid clearing suitable spring staging and fall swarming habitat within a 5-mile radius of known or assumed northern long-eared bat hibernacula during the staging and swarming seasons (April 1 to May 15 and August 15 to November 14, respectively).

c. Manage forests to ensure a continual supply of snags and other suitable maternity roost trees.

d. Conduct prescribed burns outside of the pup season (June 1 to July 31) and/or the active season (April 1 to October 31). Avoid high-intensity burns (causing tree scorch higher than northern long-eared bat roosting heights) during the summer maternity season to minimize direct impacts to northern long-eared bat.

e. Perform any bridge repair, retrofit, maintenance, and/or rehabilitation work outside of the northern long-eared bat active season (April 1 to October 31) in areas where northern long-eared bats are known to roost on bridges or where such use is likely.

f. Do not use military smoke and obscurants within forested suitable northern long-eared bat habitat during the pup season (June 1 to July 31) and/or the active season (April 1 to October 31).

g. Minimize use of herbicides and pesticides. If necessary, spot treatment is preferred over aerial application.

h. Evaluate the use of outdoor lighting during the active season and seek to minimize light pollution by angling lights downward or via other light minimization measures.

i. Participate in actions to manage and reduce the impacts of white-nose syndrome on northern long-eared bat. Actions needed to investigate and manage white-nose syndrome are described in a national plan the Service developed in coordination with other state and federal agencies.

Northern Long-Eared Bat 4(d) Rule Streamlined Consultation Form

Federal agencies should use this form for the optional streamlined consultation framework for the northern long-eared bat (NLEB). This framework allows federal agencies to rely upon the U.S. Fish and Wildlife Service’s

(USFWS) January 5, 2016, intra-Service Programmatic Biological Opinion (BO) on the final 4(d) rule for the

NLEB for section 7(a)(2) compliance by: (1) notifying the USFWS that an action agency will use the streamlined framework; (2) describing the project with sufficient detail to support the required determination; and (3) enabling the USFWS to track effects and determine if reinitiation of consultation is required per 50 CFR 402.16.

This form is not necessary if an agency determines that a proposed action will have no effect to the NLEB or if the USFWS has concurred in writing with an agency's determination that a proposed action may affect, but is not likely to adversely affect the NLEB (i.e., the standard informal consultation process). Actions that may cause prohibited incidental take require separate formal consultation. Providing this information does not address section 7(a)(2) compliance for any other listed species.

Information to Determine 4(d) Rule Compliance: YES NO

1. Does the project occur wholly outside of the WNS Zone1? ☐ ☐

2. Have you contacted the appropriate agency2 to determine if your project is near known hibernacula or maternity roost trees?

3. Could the project disturb hibernating NLEBs in a known hibernaculum? ☐ ☐

4. Could the project alter the entrance or interior environment of a known hibernaculum?

5. Does the project remove any trees within 0.25 miles of a known hibernaculum at any time of year?

6. Would the project cut or destroy known occupied maternity roost trees, or any other trees within a 150-foot radius from the maternity roost tree from June 1 through July 31.

You are eligible to use this form if you have answered yes to question #1 or yes to question #2 and no to questions 3, 4, 5 and 6. The remainder of the form will be used by the USFWS to track our assumptions in the

BO.

Agency and Applicant3 (Name, Email, Phone No.):

Project Name:

Project Location (include coordinates if known):

Basic Project Description (provide narrative below or attach additional information):

1 http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf 2 See http://www.fws.gov/midwest/endangered/mammals/nleb/nhisites.html 3 If…