appendix q endangered & threatened species information · 2019-12-06 · the nearest recorded...
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APPENDIX Q
Endangered & Threatened Species Information
PIN 0229.48
Long Island Expressway (I-495) at Crooked Hill Road (CR 13) Operational Improvements
Towns of Islip and Smithtown Suffolk County
New York Division Leo W. O'Brien Federal Building
11A Clinton Avenue, Suite 719 Albany, NY 12207 December 5, 2019 518-431-4127 518-431-4121 [email protected] In Reply Refer To: HPD-NY Anthony Becker, Environmental Specialist NYSDOT; Region 10 250 Veterans’ Memorial Highway Hauppauge, NY 11788 Subject: PIN 0229.48 – Long Island Expressway (LIE) at Crooked Hill Road Suffolk County Section 7 of Endangered Species Act (ESA) Determination Dear Mr. Becker: The Federal Highway Administration (FHWA) has reviewed the ESA documentation submitted by New York State Department of Transportation (NYSDOT) with your e-mail dated 6 August 2019, for the subject project. We concur with NYSDOT’s determination that the project will have No Effect on the Piping Plover (Charadrius Melodus), the Red Knot (Calidris Canutus Rufa), the Roseate tern (Sterna Dougallii Dougallii), Sandplain gerardia (Agalinis Acuta), or Seabeach amaranth (Amaranthus Pumilus), and we concur with NYSDOT’s May Affect, Not Likely to Adversely Affect (MANLAA) determination for Northern Long-eared Bats (NLEB). The submittal included a map/aerial photograph of the project location that will reduce congestion and mitigate traffic issues between the LIE, Crooked Hill Road, and the Sagtikos Parkway and as further documented in the project Environmental Assessment (August 2019). According to the U.S. Fish and Wildlife Service’s (Service) correspondence dated March 7, 2019, and included in your request package, the Piping Plover, Red Knot, Roseate tern, Northern long-eared Bat (NLEB), Sandplain gerardia, and Seabeach amaranth may occur within the project area. The NYSDOT has found that this project will have No Effect on the Red Knot, the Piping Plover, the Roseate Tern, the Seabeach Amaranth, or the Sandplain Gerardia because the species have not been found and do not have habitat near this project location. FHWA concurs with the NYSDOT finding of No Effect for Piping Plover, Red Knot, Roseate tern, Sandplain gerardia, and Seabeach amaranth. NYSDOT has offered a finding of May Affect, Not Likely to Adversely Affect (MANLAA) for NLEB and has provided a NLEB Suitable Habitat Assessment Form for Trees (NLEB SHAFT) that recognizes suitable habitat for the NLEB within this project. To mitigate risk to NLEB, trees will be cut between October 31 and April 1. FHWA concurs with NYSDOT’s finding of MANLAA NLEB based upon the plan to remove suitable habitat during the NLEBs’ inactive period. If at any time during construction, the presence of any of the Federally-listed species or their habitat are discovered or suspected, construction activities must be stopped and cannot resume until FHWA and the Service are consulted.
If you have any questions or concerns, please contact me at 401-528-4551. Sincerely,
John D Nickelson, PE Area Engineer
1
From: Becker, Anthony T (DOT) <[email protected]>Sent: Tuesday, August 06, 2019 10:10 AMTo: [email protected]: Pacelli, Lindsay K (DOT); Williams, Gregg (DOT); Makadia, Bhavna (DOT)Subject: PIN 0229.48 Crooked Hill Rd - ESA Section 7 Concurrence RequestAttachments: 0229.48 Crooked Hill Road ESA Concurrence Request Package.pdf
John,
The NYSDOT has a project coming up that involves mitigating traffic issues between the LIE, Crooked Hill Road, and the Sagtikos Parkway. The purpose of this project is to alleviate congestion and improve safety on the roadway system in the vicinity of Crooked Hill Road (CR 13) and the LIE North and South Collector Distributor Roads. This will provide access to Crooked Hill Road from the LIE and provide return moves from Crooked Hill Road to the LIE. Here is our request for concurrence for our determination that the subject project may affect but is not likely to affect the Northern Long‐eared Bat. The subject project will have no effect on the Piping plover, the Red Knot, the Roseate Tern, the Sandplain Gerardia, or the Seabeach Amaranth.
The nearest recorded known presence of the NLEB is 4.2 miles away in the Caleb Smith State Park non‐wintering location. The nearest piping plover community is 7.6 miles away to the north at the Sunken Meadow breeding location. There are no known recordings of Red Knot on Long Island. The closest roseate tern community is 10.3 miles away to the south at the Sexton Island breeding location. The closest sandplain gerardia location is 10 miles away to the southeast at the Sayville Grasslands. The closest seabeach amaranth location is 12 miles to the south along Fire Island.
Please let us know if you have any questions (you should be receiving the draft design report soon). ______
Bhavna – please include this concurrence package in Appendix Q.
Anthony Becker Environmental Specialist 1 New York State Department of Transportation Region 10 Long Island State Office Building, Hauppauge, NY 11788 (631) 952‐6489
NYS ITS GIS Program Office
±
0 0.3 0.60.15 Miles
0229.48 Tree Cutting Map
LegendProject BoundaryTree Cutting Limits (approx. 1 acre)
United States Department of the Interior
FISH AND WILDLIFE SERVICELong Island Ecological Services Field Office
340 Smith Road
Shirley, NY 11967-2258
Phone: (631) 286-0485 Fax: (631) 286-4003
In Reply Refer To:
Consultation Code: 05E1LI00-2019-SLI-0326
Event Code: 05E1LI00-2019-E-00738
Project Name: 0229.48 Crooked Hill Road Operational Improvements
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (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 ECOS-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 ECOS-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.
March 07, 2019
03/07/2019 Event Code: 05E1LI00-2019-E-00738 2
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
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:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/
comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
▪ Official Species List
03/07/2019 Event Code: 05E1LI00-2019-E-00738 1
Official Species ListThis 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
03/07/2019 Event Code: 05E1LI00-2019-E-00738 2
Project SummaryConsultation Code: 05E1LI00-2019-SLI-0326
Event Code: 05E1LI00-2019-E-00738
Project Name: 0229.48 Crooked Hill Road Operational Improvements
Project Type: TRANSPORTATION
Project Description: The purpose of this project is to alleviate congestion and improve safety
on the roadway system in the vicinity of Crooked Hill Road and the Long
Island Expressway (I-495) North and South Service Roads/Collector
Distributor Roads.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/40.79998741133509N73.2803485124676W
Counties: Suffolk, NY
03/07/2019 Event Code: 05E1LI00-2019-E-00738 3
Endangered Species Act SpeciesThere is a total of 6 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.
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.
MammalsNAME STATUS
Northern Long-eared Bat Myotis septentrionalisNo critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Threatened
BirdsNAME STATUS
Piping Plover Charadrius melodusPopulation: [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 is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6039
Threatened
Red Knot Calidris canutus rufaNo critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1864
Threatened
Roseate Tern Sterna dougallii dougalliiPopulation: northeast U.S. nesting pop.
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2083
Endangered
1
03/07/2019 Event Code: 05E1LI00-2019-E-00738 4
Flowering PlantsNAME STATUS
Sandplain Gerardia Agalinis acutaNo critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/8128
Endangered
Seabeach Amaranth Amaranthus pumilusNo critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/8549
Threatened
Critical habitatsTHERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.
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NYSDOTHighway Imrovements
LegendCrooked Hill Cover Types
Mixed hardwoods. Understory of multi floral roseand other small shrubsMixed turf grass and planted shrubs. Few treesOak woodland with thick understory ofhoneysuckle and multiflora rosePotential roost trees (3-7)Roadside, all grassThick dogwood with sparse oak and maplesteep side hill
192310930 REVA
Crooked Hill, IslipSuffolk County, New York
Prepared by JNN on 2019-05-06TR by AS on 2019-05-XX
IR Review by XXX on 2019-XX-XX
Crooked Hill Cover Types
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Disclaimer: This document has been prepared based on information provided by others as cited in the Notes section. Stantec has not verified the accuracy and/or completeness of this information and shall not be responsible for any errors or omissions which may be incorporated herein as a result. Stantec assumes no responsibility for data supplied in electronic format, and the recipient accepts full responsibility for verifying the accuracy and completeness of the data.
Project Location
Client/Project
Figure No.
Title
Notes1. Coordinate System: WGS 1984 Web Mercator Auxiliary Sphere2. Data Sources:3. Background: Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, EsriJapan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMapcontributors, and the GIS User CommunitySource: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community
0 200 400metres
(At original document size of 11x17) 1:10,456
Site
LONG ISLAND EXPRESSWAY (I-495)
SOUTH SERVICE RD
NORTH SERVICE RD
VANDERBILT PKWY
CROOKED HILL RD
SUFFOLK COUNTY COMMUNITY COLLEGE
LIU- BRENTWOOD CAMPUS
FAMILY SERVICE LEAGUE
IRON HORSE EQUIPMENT
PILGRIM PSYCHIATRIC CENTER/ PILGRIM STATE HOSPITAL
COLLEGE RD
MORELAND
SAGTIKOS STATE PKWY
PILG
RIM
CENT
ER RD
RAMP Q
RAMP P
RA MP
D
RAMP ERAMP QC
RAMP C
RAMP B
1
2
3
4
65
10
11
12
9
8 7
STEEP SIDE HILL
MIXED TURF GRASS AND PLANTED SHRUBS
FEW TREES
POTENTIAL ROOST TREES (3-7)
THICK DOGWOOD WITH SPARSE OAK
AND MAPLE
OAK WOODLAND WITH THICH UNDERSTORY
OF HONEYSUCKLE AND MULTIFLORA ROSE
MIXED HARDWOODS UNDERSTORY OF MULTI
FLORAL ROSE AND OTHER SMALL SHRUBS
ROADSIDE ALL GRASS
PHOTO 1: CROOKED HILL AREA 7- ALL ROADSIDE GRASS PHOTO 2: CROOKED HILL AREA 7: MEDIAN- ALL ROADSIDE GRASS
CROOKED HILL HABITAT AND VEGETATION COVER ASSESMENT
PHOTO 3: CROOKED HILL AREA 5 PHOTO 4: CROOKED HILL AREA 4
CROOKED HILL HABITAT AND VEGETATION COVER ASSESMENT
PHOTO 5: CROOKED HILL AREA 2 - SHRUBBY/GRASS MIX PHOTO 6: CROOKED HILL AREA 2
CROOKED HILL HABITAT AND VEGETATION COVER ASSESMENT
PHOTO 7: CROOKED HILL AREA 1 - VIEW OF NEW ROAD. NO ACCESS DUE TO FENCING PHOTO 8: CROOKED HILL AREA 1
CROOKED HILL HABITAT AND VEGETATION COVER ASSESMENT
PHOTO 9: CROOKED HILL AREA 1 PHOTO 10: CROOKED HILL AREA 1
CROOKED HILL HABITAT AND VEGETATION COVER ASSESMENT
PHOTO 11: CROOKED HILL AREA 3 - OAK, CHERRY, PINE
PHOTO 12: CROOKED HILL AREA 3 CROOKED HILL AREA 2 OAK, CHERRY, PITCH PINE
CROOKED HILL HABITAT AND VEGETATION COVER ASSESMENT