Loading...
20-July-2016 Fasbender Letter Army Corp-long ear batDEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS 180 FIFTH STREET EAST, SUITE 700 ST. PAUL, MN 55101-1678 REPLY TO ATTENTION OF a U L 2 0 2016 REGULATORY BRANCH Regulatory File No. 2016 -02214 -PRH Mr. Peter Fasbender Field Office Supervisor U.S. Fish and Wildlife Service Ecological Services Field Office 4101 American Boulevard East Bloomington, MN 55425-1665 Dear Mr. Fasbender: The U.S. Army Corps of Engineers, St. Paul District (Corps) is reviewing a permit application from Gonyea Homes & Remodeling under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. The project site is in Section 23, Township 116 North, Range 23 West, Carver County, Minnesota. We have determined that the activities which may be authorized by our federal action "may affect" the northern long-eared bat (NLEB.) Please see enclosed for the Streamlined Consultation Form under the Federal streamlined consultation framework released by the U.S. Fish and Wildlife Service (FWS) for purposes of compliance with Section 7 of the Endangered Species Act (ESA) for the threatened NLEB. Also, see enclosed for additional information on the proposed activities. A Corps authorization constitutes a federal action under the ESA, and therefore, requires that the Corps comply with the ESA. We request your concurrence with our determination; however, as per the streamlined framework, if you do not respond within 30 days of the date of this transmittal, the Corps will consider our section 7 responsibilities fulfilled with respect to the NLEB through the FWS January 5, 2016, Programmatic Biological Opinion. The FWS also has the option to advise the Corps whether additional information indicates project -level consultation is required within the 30 -day timeframe. If you have any questions, please contact Paul Hauser in our St. Paul office at (651) 290-5357 or paul.r.hauser@usace.army.mil. In any correspondence or inquiries, please refer to the Regulatory number shown above. Sincerely, Kristen Hafer Chief, Southeast Section Enclosures cc: Ben Meyer (BWSR) Jennie Skancke (DNR) Terrence Jeffrey (LGU) Andrew Horton (USFWS) 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 re-initiation 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 Zonel? ❑ ❑X 2. Have you contacted the appropriate agency2 to determine if your project is near X❑ ❑ 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 ❑ ❑X hibernaculum? 5. Does the project remove any trees within 0.25 miles of a known hibernaculum at ❑ 0 any time of ear? 6. Would the project cut or destroy known occupied maternity roost trees, or any ❑ 0 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 Applicant' (Name, Email, Phone No.): Agency: St. Paul District, Corps of Engineers Regulatory Branch, CEMVP CP -R c/o Paul Hauser paul.r.hauser@usace.army.mil 651-290-5357 Applicant: Gonyea Homes & Remodeling c/o Bill Coffman billcoffman_@cbburnet.com 612-202-0692 1 http://www.fws.gov/midwest/endangered/mammals/pleb/pdFV/NSZone.pdf 'See http://www.fws.gov/midwest/endangered/mammals/pleb/nhisites.httnl s If applicable - only needed for federal actions with applicants (e.g., for a permit, etc.) who are party to the consultation. Project Name: MVP -2016 -02214 -PRH (Gonyea Homes & Remodeling / Foxwood Residential Development) Project Location: (include coordinates if known): Carver County, MN (44.83615, -93.54145) Basic Project Description: The applicant proposes to clear 16 acres of trees to construct a 46 unit, single family home residential development with associated utilities. rMEM111 General Project Information Does the project occur within 0.25 miles of a known hibernaculum? ❑ X❑ Does the project occur within 150 feet of a known maternity roost tree? ❑ 9 Does the project include forest conversionl? (if yes, report acreage below) ❑ ❑X Estimated total acres of forest conversion N/A If known, estimated acres' of forest conversion from April 1 to October 31 N/A If known, estimated acres of forest conversion from June 1 to July 316 N/A Does the project include timber harvest? (if yes, report acreage below) ❑ I ❑X Estimated total acres of timber harvest N/A If known, estimated acres of timber harvest from April 1 to October 31 N/A If known, estimated acres of timber harvest from June 1 to July 31 N/A Does the project include prescribed fire? (if yes, report acreage below) ff-I ❑X Estimated total acres of prescribed fire N/A If known, estimated acres of prescribed fire from April 1 to October 31 NIA If known, estimated acres of prescribed fire from June 1 to July 31 N/A Does the project install new wind turbines? (if yes, report capacity in MW below) ❑ ❑X Estimated wind capacity (MW) N/A Agency Determination: By signing this form, the action agency determines that this project may affect the NLEB, but that any resulting incidental take of the NLEB is not prohibited by the final 4(d) rule.. If the USFWS does not respond within 30 days from submittal of this form, the action agency may presume that its determination is informed by the best available information and that its project responsibilities under 7(a)(2) with respect to the NLEB are fulfilled through the USFWS January 5, 2016, Programmatic BO. The action agency will update this determination annually for multi-year activities. The action agency understands that the USFWS presumes that all activities are implemented as described herein. The action agency will promptly report any departures from the described activities to the appropriate USFWS Field Office. The action agency will provide the appropriate USFWS Field Office with the results of any surveys conducted for the NLEB. Involved parties will promptly notify the appropriate USFWS Field Office upon finding a dead, injured, or sick NLEB. Signature: Date Submitted: VVIr JUL 2 0 A 4 Any activity that temporarily or permanently removes suitable forested habitat, including, but not limited to, tree removal from development, energy production and transmission, mining, agriculture, etc..(see page 48 of the BO). s If the project removes less than 10 trees and the acreage is unknown, report the acreage as less than 0.1 acre. 6 If the activity includes tree clearing in June and July, also include those acreage in April to October. thane [Dort -_ rl mllaAnvdnl _. r ri I ti Ij II II I I I I , Project Location T5 BandJmere ;•v L� -ommtinity p ( Pat A" 1 l `1 �r ,fie tVest9GlhSl,cCt ,�"��, n . © OpenStrelefMap (and) contributors, CC -BY -SA Figure 1 - Site Location Map N 0 0.125 0.25 Miles KjoLHAuGENVIRONMENTAL SERVICES COMPANY �w Wilson Nursery/Paulson (KES 2015-170) Chanhassen, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. Bothydrd i SIJ VJU _I CR 18 —_ _ I-----------.---'' — — gv1D'we T5 BandJmere ;•v L� -ommtinity p ( Pat A" 1 l `1 �r ,fie tVest9GlhSl,cCt ,�"��, n . © OpenStrelefMap (and) contributors, CC -BY -SA Figure 1 - Site Location Map N 0 0.125 0.25 Miles KjoLHAuGENVIRONMENTAL SERVICES COMPANY �w Wilson Nursery/Paulson (KES 2015-170) Chanhassen, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. 922 Wetland 2 0.16 Ac Wetland 4 4.19 Ac 894 Wetland 1 8.41 Ac ,r• / /J ~ l� lit k � is •. �. A: 'n _ _ fi �� � 'a Wetland 6 ilk ,6;1;" j 0.01 Ac d ". :•Y fin`. 1 4L0; ;Or LD1 *4�'c �ti� ' � -' 0.16 Ac Transect r Sample Point 6a� ® Approximate Boundary 902 12 •�.� • 9� .4 (O !' - ` 9�. c 92 is ` Wetland 5100, II. Wetland 7 '> `�� 0.10 Ac 0.02 Ac 'k , 91(o ��►O'/�' :w:� 0gg.'892 Wetland 8 0.75 Ac Wirtz w Wetland 3� 0.16 Ac Transect Sample Point 6a� ® Approximate Boundary Inal oundary 5_12_16 Carver County Lidar Figure 2 - Existing Conditions Map (World Imagery) N Wilson Nursery/Paulson (KES 2015-170) S' 0 250 500 Chanhassen, Minnesota Feet Note: Boundaries indicated r u T r/�G on this figure are approximate J�Lrlt 1V ENVIRONMENTAL SERVICES COMPANY and do not constitute an official survey product, �1v