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HomeMy WebLinkAboutConsultation Letter from US Fish & Wildlife Service ® TrR C Exhibit L Consultation Letter from US Fish and Wildlife Service SIRE Southold Solar Project January 2025 Special Exception and Site Plan Application Package rvrvry n Y= 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: 01/20/2025 19:51:02 UTC Project Code: 2024-0057571 Project Name: Southold Landfill Solar 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 rasa ll code 202,1..00571571 011/2012025 J,.R".1'012 U�C 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 maybe 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. rasa ll code 202,1..00571571 011/201 025 J,.R".1'012 U�C 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 rasa ll code 202,1..00571571 011/2012025 I,.R".1'012 U C PROJECT SUMMARY Project Code: 2024-0057571 Project Name: Southold Landfill Solar Project Type: Power Gen - Solar Project Description: Southold Landfill Solar is a proposed solar facility located on a 60.59- acre parcel including a capped municipal landfill in the Hamlet of Cutchogue, Town of Southold, Suffolk County, New York. Land use within the Project Site consists of a capped landfill. Project Location: The approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/(a)41.030347449999994,-72.50048361816891,14z IPI ,r+ wwn, Counties: Suffolk County, New York rasa ll code 202,1..00571571 011/201 025 J,.R".1'012 U�C 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 Fisheries1, 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. 1. 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. rasa ll code 202,1..00571571 01/2012025 I,.R".1'012 C MAMMALS NAME STATUS Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile:https://ecos.fws.gov/ecp/species/10515 BIRDS NAME STATUS Piping Plover Charadrius melodus Threatened 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 Rufa Red Knot Calidris canutus ru fa Threatened There is proposed critical habitat for this species.Your location does not overlap the critical habitat. Species profile:https://ecos.fws.gov/ecp/species/1864 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Proposed There is proposed critical habitat for this species.Your location does not overlap the critical Threatened habitat. Species profile:https://ecos.fws.gov/ecp/species/9743 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. rasa ll code 202,1..00571571 011/201 025 J,.R".1'012 U�C IPAC USER CONTACT INFORMATION Agency: TRC Name: Lisa Downing-Schmidt Address: 215 Greenfield Parkway Suite 102 City: Liverpool, NY 13088 State: NY Zip: 13088 Email Idowningschmidt@trccompanies.com Phone: 3154309190 rvrvry n Y= 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: 01/20/2025 20:31:45 UTC Project code: 2024-0057571 Project Name: Southold Landfill Solar Federal Nexus: no Federal Action Agency (if applicable): Subject: Technical assistance for 'Southold Landfill Solar' Dear Lisa Downing-Schmidt: 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 January 20, 2025, for 'Southold Landfill Solar' (here forward, Project). This project has been assigned Project Code 2024-0057571 and all future correspondence should clearly reference this number. Please carefully review this letter.Your Endangered Species Act (Act) requirements may not bbe complete. Ensuring Accurate Determinations When Using IPaC 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 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 Northern Long-eared Bat and Tricolored Bat Range-wide 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. Note that conservation measures for northern long-eared bat and tricolored bat may differ. If both bat species are present in the action area and the key suggests more conservative measures for one of the species for your project, the Project may need to apply the most conservative measures in order to avoid adverse effects. If unsure which conservation measures should be applied,please contact the appropriate Ecological Services Field Office Determination for the Northern Long-Eared Bat and Tricolored Bat I`'Irolectcod 21124,..00571571. 11l:Ia Il�ue�;u:iirl 11 ocatou 995..,155778252 01/201202520 1 45 1u:.`, Based upon your IPaC submission and a standing analysis completed by the Service, your project has reached the following effect determination(s): Species Listing Status Determination Northern Long-eared Bat (Myotis septentrionalis) Endangered NLAA Tricolored Bat (Perimyotis sub flavus) Proposed NLAA Endangered Federal agencies must consult with U.S. Fish and Wildlife Service under section 7(a)(2) of the Endangered Species Act (ESA) when an action may affect a listed species. Tricolored bat is proposed for listing as endangered under the ESA, but not yet listed. For actions that may affect a proposed species, agencies cannot consult, but they can confer under the authority of section 7(a) (4) of the ESA. Such conferences can follow the procedures for a consultation and be adopted as such if and when the proposed species is listed. Should the tricolored bat be listed, agencies must review projects that are not yet complete, or projects with ongoing effects within the tricolored bat range that previously received a NE or NLAA determination from the key to confirm that the determination is still accurate. Other Species and Critical Habitat that May be Present in the Action Area The IPaC-assisted determination key for the northern long-eared bat and tricolored bat does not apply to the following ESA-protected species and/or critical habitat that also may occur in your Action area: ■ Monarch Butterfly Danaus plexippus Proposed Threatened ■ Piping Plover Charadrius melodus Threatened ■ Rufa Red Knot Calidris canutus rufa Threatened You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species and/or critical habitat listed above. Note that if a new species is listed that may be affected by the identified action before it is complete, additional review is recommended to ensure compliance with the Endangered Species Act. Next Steps Coordination with the Service is complete. This letter serves as technical assistance.All conservation measures should be implemented as proposed. Thank you for considering federally listed species during your project planning. If no changes occur with the Project or there are no updates on listed species, no further consultation/coordination for this project is required for the northern long-eared bat. 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 coordination with the DlKo, Vou§oui Il)uullrllu.ulln II a tla, 011a"08/202 : of 34 Ily d;QBd 2024°00571571 H::IaC Ilia:"Q:u:glid I ouatai 995.,.J55778252 01/2012025 2021 45 U�C Service should take place before project implements any changes which are final or commits additional resources. If you have any questions regarding this letter or need further assistance, please contact the Long Island Ecological Services Field Office and reference Project Code 2024-0057571 associated with this Project. I111/cy Vcir§oin Il1iiulJllo.:::ulln IDa as 1/08/2025 3of 14 I`'Irolectcod 21124,..00571571. 11l:Ia Il�ue�;u:iirlllocatou 995..,155778252 01/201202520 1451u1u:.`, Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Southold Landfill Solar 2. Description The following description was provided for the project 'Southold Landfill Solar': Southold Landfill Solar is a proposed solar facility located on a 60.59-acre parcel including a capped municipal landfill in the Hamlet of Cutchogue, Town of Southold, Suffolk County, New York. Land use within the Project Site consists of a capped landfill. The approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/@41.030347449999994,-72.500483618 16891,14z �7 off 41 A DlKo, Vou§on Il)uullrllull u. n II a tla, 011a"08/202 4 o1"14 Ily d;QBd 2024°005715/1„ H::IaC Ilia~"Q:u:glid I ouatai 995.,.J55778252 01/2012025 2021 45 U C DETERMINATION KEY RESULT Based on the answers provided, the proposed Action is consistent with a determination of "may affect, but not likely to adversely affect" for a least one species covered by this determination key. QUALIFICATION INTERVIEW 1. Does the proposed project include, or is it reasonably certain to cause, intentional take of listed bats or any other listed species? Note: Intentional take is defined as take that is the intended result of a project.Intentional take 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 2. Is the action area wholly within Zone 2 of the year-round active area for northern long- eared bat and/or tricolored bat? Automatically answered No 3. Does the action area intersect Zone 1 of the year-round active area for northern long-eared bat and/or tricolored bat? Automatically answered No 4. Does any component of the action involve leasing, construction or operation of wind turbines?Answer 'yes' if the activities considered are conducted with the intention of gathering survey information to inform the leasing, construction, or operation of 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 5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? No I11II/ey Voir§oii II)iiulJllu.�:::ulln IDa Wtla 1/08/2025 5 of 1 d;QBd 2024°00571571 IBaC Ilia~"Q:u:glid I ouatai 995.,.J55778252 01/2012025 2021 45 U�C 6. Have you contacted the appropriate agency to determine if your action is near any known northern long-eared bat or tricolored bat hibernacula? Note:A document with links to Natural Heritage Inventory databases and other state-specific sources of information on the locations of northern long-eared bat and tricolored bat hibernacula is available here.Location information for northern long-eared bat and tricolored bat hibernacula is generally kept in state natural heritage inventory databases—the availability of this data varies 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. Yes 7. Is any portion of the action area within 0.5-mile radius of any known bat hibernacula? If unsure, contact your local Ecological Services Field Office. No 8. Have you contacted the appropriate agency to determine if your action is near any known occupied culverts? Note:A document with links to Natural Heritage Inventory databases and other state-specific sources of information on the locations of northern long-eared bat and tricolored bat hibernacula is available here.Location information for northern long-eared bat and tricolored bat hibernacula is generally kept in state natural heritage inventory databases—the availability of this data varies 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. Yes 9. Is any portion of the action area within a 0.25-mile radius of any known bat occupied culvert? If unsure, contact your local Ecological Services Field Office. No 10. Does the action area contain any winter roosts or caves (or associated sinkholes, fissures, or other karst features), mines, rocky outcroppings, or tunnels that could provide habitat for hibernating bats? No 11. Will the action cause effects to a bridge? Note: Covered bridges should be considered as bridges in this question. No 12. Will the action result in effects to a culvert or tunnel at any time of year? No DI/eyVciaoon Il)iiulJllo.:::ulln Il.aaW 1/08/2025 6of 14 cod 2024°°00571571 II'*a �a~coid I Q uat.oi 995.,°J5577821172 01/20.7 2025 2021 45 U�,.0 13. Are trees present within 1000 feet of the action area? Note: If there are trees within the action area that are of a sufficient size to be potential roosts for bats answer "Yes".If unsure,additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in Appendix A of the USFWS'Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines at:https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey- guidelines. Yes 14. Does the action include the intentional exclusion of bats from a building or structure? Note:Exclusion is conducted to deny bats'entry or reentry into a building.To be effective and to avoid harming bats,it should be done according to established standards.If your action includes bat exclusion and you are unsure whether northern long-eared bats or tricolored bats are present,answer"Yes."Answer"No"if there are no signs of bat use in the building/structure.If unsure,contact your local Ecological Services Field Office to help assess whether northern long-eared bats or tricolored bats may be present. Contact a Nuisance Wildlife Control Operator(NWCO)for help in how to exclude bats from a structure safely without causing harm to the bats(to find a NWCO certified in bat standards,search the Internet using the search term"National Wildlife Control Operators Association bats").Also see the White-Nose Syndrome Response Team's guide for bat control in structures. No 15. Does the action involve removal, modification, or maintenance of a human-made structure (barn, house, or other building) known or suspected to contain roosting bats? No 16. Will the action cause construction of one or more new roads open to the public? For federal actions, answer `yes'when the construction or operation of these facilities is either (1) part of the federal action or (2)would not occur but for an action taken by a federal agency (federal permit, funding, etc.). No 17. Will the action include or cause any construction or other activity that is reasonably certain to increase average daily traffic permanently or temporarily on one or more existing roads? Note:For federal actions,answer `yes'when the construction or operation of these facilities is either(1)part of the federal action or(2)would not occur but for an action taken by a federal agency(federal permit,funding, etc.). . No 11I/ey VcII§lon Da r;�� 01/08/20 7'of 34 d;QBd 2024°00571571 H::IaC Ilia~"Q:u:glid I ocatai 995.,.J55778252 01/2012025 2021 45 U�C 18. Will the action include or cause any construction or other activity that is reasonably certain to increase the number of travel lanes on an existing thoroughfare? For federal actions, answer `yes'when the construction or operation of these facilities is either (1) part of the federal action or (2)would not occur but for an action taken by a federal agency (federal permit, funding, etc.). No 19. Will the proposed Action involve the creation of a new water-borne contaminant source (e.g., leachate pond, pits containing chemicals that are not NSF/ANSI 60 compliant)? Note:For information regarding NSF/ANSI 60 please visit https://www.nsf.org/knowledge-library/nsf-ansi- standard-60-drinking-water-trea tment-chemicals-heal th-effects No 20. Will the proposed action involve the creation of a new point source discharge from a facility other than a water treatment plant or storm water system? No 21. Will the action include drilling or blasting? No 22. Will the action involve military training (e.g., smoke operations, obscurant operations, exploding munitions, artillery fire, range use, helicopter or fixed wing aircraft use)? No 23. Will the proposed action involve the use of herbicides or other pesticides other than herbicides (e.g., fungicides, insecticides, or rodenticides)? Yes 24. Will the action include or result in herbicide use that may affect suitable summer habitat for the northern long-eared bat or tricolored bat? Note:Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in Appendix A of the USFWS'Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines at:https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey- guidelines. No I111/cy Vcir§on Il)iiulJllo.:::ulln Il.aaW 1/08/2025 8 of 1 d;QBd 2024°00571571 H::IaC �eQ:u:glidIoV.itaii 995.,.J55778252 01/2012025 202145U�C 25. Will the action include or cause the application or drift of pesticides (e.g., fungicides, insecticides, or rodenticides) into forested areas that are suitable summer habitat for the northern long-eared bat or tricolored bat? Answer "Yes" if the application may result in transport (e.g., in water) or aerial drift of the pesticide into forested areas that are suitable summer habitat for the northern long-eared bat or tricolored bat. Note:Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in Appendix A of the USFWS'Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines at:https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey- guidelines. No 26. Will the action include or cause activities that are reasonably certain to cause chronic or intense nighttime noise (above current levels of ambient noise in the area) in suitable summer habitat for the northern long-eared bat or tricolored bat during the active season? Chronic noise is noise that is continuous or occurs repeatedly again and again for a long time. Sources of chronic or intense noise that could cause adverse effects to bats may include, but are not limited to: road traffic; trains; aircraft; industrial activities; gas compressor stations; loud music; crowds; oil and gas extraction; construction; and mining. Note:Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in Appendix A of the USFWS'Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines at:https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey- guidelines. No 27. Does the action include, or is it reasonably certain to cause, the use of permanent or temporary artificial lighting within 1000 feet of suitable northern long-eared bat or tricolored bat roosting habitat? Note:Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in Appendix A of the USFWS'Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines at:https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey- guidelines. No 28. Will the action include tree cutting or other means of knocking down or bringing down trees, tree topping, or tree trimming? No DI/ey Voi§uoii 11)ii ulJllu.�:::ull n IDaW: 01/08/2025 9 of 14 d;QBd 2024°005715/1„ IBaC Ilia~"Q:u:glid I ouatai 995.,.J55778252 01/2012025 2021 45 U�C 29. Will the proposed action result in the use of prescribed fire? Note: If the prescribed fire action includes other activities than application of fire(e.g.,tree cutting,fire line preparation)please consider impacts from those activities within the previous representative questions in the key. This set of questions only considers impacts from flame and smoke. No 30. Does the action area intersect the northern long-eared bat species list area? Automatically answered Yes 31. [Semantic] Is the action area located within 0.25 miles of a culvert that is known to be occupied by northern long-eared or tricolored bats? Automatically answered No 32. Have you contacted the appropriate agency to determine if your action is within 150 feet of any documented northern long-eared bat roosts? Note:A document with links to Natural Heritage Inventory databases and other state-specific sources of information on the locations of northern long-eared bat roosts is available here.Location information for northern long-eared bat roosts is generally kept in state natural heritage inventory databases—the availability of this data varies 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. Yes 33. Is any portion of the action area within 150 feet of any known northern long-eared bat roosts? If unsure, contact your local Ecological Services Field Office. No 34. Is suitable summer habitat for the northern long-eared bat present within 1000 feet of project activities? If unsure, answer "Yes." Note:Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in Appendix A of the USFWS'Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines at:https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey- guidelines. Yes I 111 ,y Vcir oo � Il)iul�llu.:ulln IDa Wtl� 1/08/202 10 of 1 I ���a, d;QBd 2024°00571571 IBaC Ilia~"Q:u:glid I ocatai 995.,.J55778252 01/2012025 2021 45 U�C 35. Have you contacted the appropriate agency to determine if the action area overlaps with a known northern long-eared bat habitat buffer? Summer habitat buffers include the following: (1) 3-mile buffer around northern long-eared bat captures or acoustic detections; (2)1.5-mile buffer around known roosts). The Spring Staging/Fall Swarming buffer includes 5-mile buffer around the entrance of known hibernacula)? Note:A web page with links to state Natural Heritage Inventory databases and other sources of information on the locations of northern long-eared bat roost trees can be found here.Location information for northern long- eared bat maternity roost trees and swarming areas 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 maybe limited. Yes 36. Does the action area overlap with a known northern long-eared bat spring staging/fall swarming buffer (within 5 miles of known hibernacula)? Yes 37. Does the action area intersect the tricolored bat species list area? Automatically answered Yes 38. [Semantic] Is the action area located within 0.25 miles of a culvert that is known to be occupied by northern long-eared or tricolored bats? Note:The map queried for this question contains proprietary information and cannot be displayed.If you need additional information,please contact your State wildlife agency. Automatically answered No 39. Have you contacted the appropriate agency to determine if your action is within 150 feet of any documented tricolored bat roosts? Note:A document with links to Natural Heritage Inventory databases and other state-specific sources of information on the locations of tricolored bat roosts is available here.Location information for tricolored bat roosts is generally kept in state natural heritage inventory databases—the availability of this data varies 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. Yes 40. Is any portion of the action area within 150 feet of any documented tricolored bat roosts? If unsure, contact your local Ecological Services Field Office. No DI/eyVci§oon Il)iiulJllo.:::ulln IDa Wtla 1/08/2025 11 of 14 cod 2024°°00571571 I:::IaC Ra~coid I Q uat.oi 995.,°J5577821172 01/20.72025 2021 45 U�,.0 41. Have you contacted the appropriate agency to determine if the action area overlaps with a known tricolored bat habitat buffer? Summer habitat buffers include the following: (1) 3- mile buffer around tricolored bat captures or acoustic detections; (2)1.5-mile buffer around known roosts). The Spring Staging/Fall Swarming buffer includes a 3-mile buffer around the entrance of known hibernacula)? Note:A web page with links to state Natural Heritage Inventory databases and other sources of information on the locations of tricolored bat roost trees can be found here.Location information for tricolored bat maternity roost trees and swarming areas 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.If you'd like to assume presence of tricolored bats,answer"No". Yes 42. Does the action area intersect a known Spring Staging/Fall Swarming tricolored bat buffer (within 3 miles of known hibernacula)? No 43. Does the action area intersect a known tricolored bat summer buffer (3-mile buffer around tricolored bat captures or detections; 1.5-mile buffer around known roost trees)? No 44. Has a presence/probable absence bat survey targeting the tricolored bat and following the Service's Range-wide Indiana Bat and Northern Long-Eared Bat Survey Guidelines been conducted within the project area? No 45. Is suitable summer habitat for the tricolored bat present within 1000 feet of project activities? (If unsure, answer ""Yes."") Note: If there are trees within the action area that may provide potential roosts for tricolored bats(e.g.,clusters of leaves in live and dead deciduous trees, Spanish moss(Tillandsia usneoides),clusters of dead pine needles of large live pines)answer""Yes.""For a complete definition of suitable summer habitat for the tricolored bat, please see Appendix A in the Service's Range-wide Indiana Bat and Northern long-eared Bat Survey Guidelines. Yes 46. Do you have any documents that you want to include with this submission? No DI/eyVcir oon DaW 01/0dl20 oli34 d;QBd 2024°00571571 H::IaCIlia:"Q:u:glidIouatoii" 995.,.155778252 01/2012025 202145U�C PROJECT QUESTIONNAIRE d;QBd 21124°1.10571571 H::IaC I1a:"Q:u:glid I ouatai 995.,.J 55778252 01/2012025 2021 45 U�C IPAC USER CONTACT INFORMATION Agency: TRC Name: Lisa Downing-Schmidt Address: 215 Greenfield Parkway Suite 102 City: Liverpool, NY 13088 State: NY Zip: 13088 Email Idowningschmidt@trccompanies.com Phone: 3154309190