STATE OF NEW YORK

PUBLIC SERVICE COMMISSION

Application of Baron Winds LLC for a Case No. 15-F-0122 Certificate of Environmental Compatibility and Public Need to Construct a Major Electric Generating Facility in the Towns of Cohocton, Dansville, Fremont and Wayland, Steuben County, NY.

COMPLIANCE FILING OF BARON WINDS LLC

CERTIFICATE CONDITION NO. 63

ENDANGERED AND THREATENED SPECIES MITIGATION PLAN – NORTHERN LONG-EARED BAT

Endangered and Threatened Species Mitigation Plan – Northern Long-eared Bat

Baron Winds LLC, Baron Winds Project, Steuben County, New York

May 29, 2020

Prepared for:

Baron Winds LLC 1251 Waterfront Place, 3rd Floor Pittsburgh, PA 15222

Prepared by:

Stantec Consulting Services Inc. 30 Park Drive Topsham, ME 04086

ENDANGERED AND THREATENED SPECIES MITIGATION PLAN – NORTHERN LONG-EARED BAT

May 29, 2020

Table of Contents

1.0 INTRODUCTION ...... 1

2.0 TAKE ESTIMATE AND MINIMIZATION MEASURES ...... 1

3.0 TAKE MITIGATION ...... 2

4.0 MONITORING ...... 3

5.0 FUNDING ...... 4

6.0 REFERENCES ...... 4

LIST OF TABLES Table 1. Summary of estimated take of northern long-eared bat take at the Baron Winds Project (Phases 1 and 2), Steuben County, New York...... 2

LIST OF APPENDICES

APPENDIX A NORTHERN LONG-EARED BAT (MYOTIS SEPTENTRIONALIS) MATERNITY ROOST STUDY LONG ISLAND, SUFFOLK COUNTY, NY

APPENDIX B IMPLEMENTATION AGREEMENT

i ENDANGERED AND THREATENED SPECIES MITIGATION PLAN – NORTHERN LONG-EARED BAT

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1.0 INTRODUCTION

Baron Winds LLC (Baron) has been authorized by the New York State Board on Electric Generation Siting and the Environment (the Siting Board) to construct and operate the Baron Winds Project (Facility), a 242 megawatt (MW) utility-scale wind power facility, located in in the towns of Cohocton, Dansville, Fremont, and Wayland in Steuben County, New York. Construction of the Facility will be phased; with Phase 1 resulting in up to an estimated 166.6 MW of generating capacity in the towns of Cohocton, Dansville, and Wayland. The Order granting the Facility’s Certificate of Environmental Compatibility and Public Need, with Conditions (Order) was issued by the Siting Board on September 12, 2019. This Endangered and Threatened Species Mitigation Plan (ETSMP), prepared in accordance with Condition 63 of the Order and the substantive requirements of 6 NYCRR §182.11, addresses northern long-eared bat (Myotis septentrionalis, NLEB) for both phases of the project. Baron intends to mitigate take for the full nameplate capacity of the certified Facility (242 MW) rather than the nameplate capacity of only Phase 1. It is assumed the additional credit(s) will be applied when the remainder of the project is constructed.

In 2015, Baron conducted pre-construction acoustic monitoring surveys to document Myotis presence and bat activity patterns. Members of the Myotis genus made up less than 1% of the total recorded bat passes over 244 detector nights, a total of 3 of the 835 recorded passes. The nearest known winter occurrence of NLEB per New York State Department of Environmental Conservation (NYSDEC) records is in the town of Portage located approximately 20 miles northwest of the Facility. Confirmed summer occurrences of NLEB are noted in three towns (Tuscarora, Lindley, and Caton) in southeastern Steuben County, located approximately 15 miles south of the Facility. NYSDEC asserts the entire state is occupied habitat for NLEB during the fall migration period (July 1 to September 30).

2.0 TAKE ESTIMATE AND MINIMIZATION MEASURES

In accordance with Condition 61 of the Order, Baron will implement a curtailment regime that will idle turbine operation below a cut-in wind speed of 6.0 m/s between July 1 and October 1, from 30 minutes before sunset through 30 minutes after sunrise, when temperatures are greater than 10 degrees Celsius. Implementing a curtailment regime is expected to significantly minimize, if not avoid altogether, NLEB fatalities. NYSDEC has indicated this level of curtailment would result in a 90% reduction in the estimated annual mortality of NLEB. While reduction in risk to NLEB may be even greater, this conservative approach will ensure that any mitigation will more than compensate for the potential impacts.

The estimated NLEB take is shown in Table 1. Note that while Stantec calculated a lower rate based on several corrections to data used by the NYSDEC in their take estimate, the Order requires mitigation for the higher take estimate calculated by NYSDEC, as presented below.

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Table 1. Summary of estimated take of northern long-eared bat take at the Baron Winds Project (Phases 1 and 2), Steuben County, New York.

Proposed Est. Est. life-of- Est. annual Est. life- NY NLEB Proposed Proportion Facility annual Facility w/ min. of-Facility fatality fatality Facility NLEB2 life take w/o take w/o (90% take w/ rate1 rate capacity (years) min. min. reduction) min. Phase 1 0.027 6.7 0.0040 NLEB/M 167 MW 30 4.5 134.3 0.45 13.4 b/MW/y W/yr Phase 2 0.027 6.7 0.0040 NLEB/M 75 MW 30 2.0 60.3 0.20 6.0 b/MW/y W/yr TOTAL 242 MW 30 6.5 194.6 0.65 19.4 1 Based on NYSDEC’s statewide rate, calculated per MW. 2 Based on NYSDEC’s calculations.

As of 2016, the U.S. Fish and Wildlife Service (USFWS) estimated that there are 228,480 NLEB in New York State (Programmatic Biological Opinion on Final 4(d) Rule for Northern Long-Eared Bat and Activities Expected from Take Prohibitions, USFWS 2016). According to USFWS, NLEB account for only 0.09% of bat mortality at wind projects throughout the species range, based on 8,934 bat carcasses collected in 71 post-construction studies in the species’ range. USFWS has determined that “there may be adverse effects posed by wind-energy development to individual NLEB; however, there is no evidence suggesting that effects from wind-energy development has led to significant declines in this species, nor is there evidence that regulating the incidental take that is occurring would meaningfully change the conservation or recovery potential of the species in the face of white-nose syndrome. Furthermore, with the adoption by wind-energy facilities of the new voluntary standards, risk to all bats, including NLEB, should be further reduced” (USFWS 2016). NLEB fatalities have not been reported at wind facilities where any form of turbine curtailment was implemented (Gruver and Bishop-Boros 2015).

In addition to the curtailment regime described above, to minimize mortality to nesting/roosting bats during construction and operation, all tree-clearing activities (except for hazard tree removal) in occupied habitat will be limited to between November 1 and April 1 per Condition 95 of the Order, unless otherwise approved by NYSDPS staff in consultation with NYSDEC. During this period, NLEB are generally inactive and in their hibernation sites.

3.0 TAKE MITIGATION

Pursuant to the Order, Baron will implement mitigation measures to completely offset unavoidable impacts and reasonably provide a net benefit to the species.

NYSDEC has previously identified a number of potential mitigation measures and sites for NLEB including: (1) gating of known hibernacula (2) identification of new maternity roosts or hibernacula at department identified priority landscapes (3) identification of new maternity roosts or hibernacula near the project site and (4) implementation of studies that are designed to improve the status of NLEB. Pursuant to Certificate

2 ENDANGERED AND THREATENED SPECIES MITIGATION PLAN – NORTHERN LONG-EARED BAT

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Condition 63 of the Order, Baron has considered all potential mitigation measures identified by NYSDEC Staff and has committed to identifying new maternity roosts or hibernacula at department-identified priority landscapes. NYSDEC has indicated that there are currently no hibernacula available for gating. It should also be noted that Baron intends to mitigate take for the full nameplate capacity of the certified Facility (242 MW) rather than the nameplate capacity of only Phase 1. It is assumed the additional credit(s) will be applied when the remainder of the project is constructed.

Specifically, Baron will fund a mist netting study to identify new roosts or hibernacula on unprotected lands at NYSDEC identified priority landscapes1 (See Appendix A). The study will attempt to capture female NLEB and track them to unknown roost locations. It is anticipated that 20 net nights and 14 days of tracking tagged bats will be needed to capture and track 4 female NLEB to newly identify roosts or hibernacula at NYSDEC identified priority landscapes. Each newly identified roost would offset the loss of 5 NLEB or the actual number of NLEB identified using the new roost. Therefore, at a minimum, Baron will need to newly identify 4 roosts to achieve a net conservation benefit for the species (4 roosts x 5 NLEB = 20 NLEB). Newly identified hibernacula would offset the loss of 50% of the estimated resident NLEB found at the hibernacula.

Baron believes this mitigation option is the most feasible in terms of successful implementation, and is the most legally, technologically, economically and biologically practicable. Baron’s mist netting study will provide information to the NYSDEC that will allow the agency to better understand distribution of NLEB in the state and manage occupied habitat. Accordingly, this action will result in tangible benefits to the NLEB and will offset the potential loss of up to 20 NLEBs.

Please note, due to the current COVID-19 pandemic, it is not clear whether the NYDEC or USFWS will issue required permits to mist net and track NLEB. Further, the study area is located in one of the nation’s hot spots for COVID-19 and access to the area may not be possible. Given the current uncertainty, Baron will coordinate with NYDEC for further direction related to COVID-19 and study feasibility. Additionally, if the proposed mitigation is unsuccessful, either in part or in whole, Baron will notify NYSDEC and the NYS Department of Public Service (NYSDPS). If NYSDEC and NYSDPS concur that the mitigation was unsuccessful, this ETSMP will be modified to include a new mitigation strategy. Modifications would be made in consultation with and approved by NYSDEC and NYSDPS.

4.0 MONITORING

Baron will implement a Post Construction Avian and Bat Monitoring Plan, which will include direct impact fatality studies and other studies as appropriate determined in consultations with NYSDEC. The details of the post-construction studies (i.e., the start date, number and frequency of turbine searches, search area, bat monitoring, further monitoring beyond the second year, etc.) will be coordinated with and will consider the NYSDEC’s June 2016 Guidelines for Conducting Bird and Bat Studies at Commercial Wind Energy Projects, for Standard Post-Construction Studies and through consultation between Baron, USFWS, and

1 NYSDEC provided Baron with a list of priority landscapes on 12/13/19 and then subsequently provided an updated version on 3/17/2020.

3 ENDANGERED AND THREATENED SPECIES MITIGATION PLAN – NORTHERN LONG-EARED BAT

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NYSDEC. Post-construction monitoring will be conducted for a minimum period of at least 2 years but no more than 3 years.

5.0 FUNDING

Baron has entered into a contract with Stantec Consulting Services Inc. to conduct the mist netting study in the summer of 2020. An Implementation Agreement is provided as Appendix B.

6.0 REFERENCES

Gruver, J., and L. Bishop-Boros. 2015. Summary and synthesis of Myotis fatalities at wind facilities with a focus on northeastern North America. Western EcoSystems Technology, Inc., Laramie, Wyoming, USA. 13 April. U.S. Fish and Wildlife Service (USFWS). 2016. Programmatic biological opinion on final 4(d) rule for the northern long-eared bat and activities excepted from take prohibitions. Regions 2, 3, 4, 5, and 6. U.S. Fish and Wildlife Service, Bloomington, Minnesota, USA. 5 January.

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Appendix A NORTHERN LONG-EARED BAT (MYOTIS SEPTENTRIONALIS) MATERNITY ROOST STUDY LONG ISLAND, SUFFOLK COUNTY, NY

NORTHERN LONG-EARED BAT (MYOTIS SEPTENTRIONALIS) MATERNITY ROOST STUDY LONG ISLAND, SUFFOLK COUNTY NY

May 29, 2020

Work Plan Northern Long-Eared Bat (Myotis septentrionalis) Maternity Roost Study Long Island, Suffolk County, NY

May 29, 2020

Prepared for:

Baron Winds LLC 1251 Waterfront Place, 3rd Floor Pittsburgh, PA 15222

Prepared by:

Stantec Consulting Services Inc. 30 Park Drive Topsham, ME 04086

NORTHERN LONG-EARED BAT (MYOTIS SEPTENTRIONALIS) MATERNITY ROOST STUDY LONG ISLAND, SUFFOLK COUNTY NY

May 29, 2020

Table of Contents

1.0 PROJECT UNDERSTANDING ...... 1

2.0 WORK PLAN ...... 1 2.1 TASK 1: OBTAIN ACCESS TO SURVEY SITES...... 1 2.2 TASK 2: NORTHERN LONG-EARED BAT SURVEY ...... 3 2.2.1 Mist-Netting ...... 3 2.2.2 Radio-Telemetry and Roost Identification ...... 3 2.2.3 Assumptions ...... 4 2.3 TASK 3: REPORTING ...... 5

LIST OF TABLES Table 1. Potential study sites based on aerial photographs and known bat distribution data...... 2

LIST OF APPENDICES A.1 Scientific Collection Permits A.2 Resumes of Bat Biologists A.3 Roost Study Sites

i NORTHERN LONG-EARED BAT (MYOTIS SEPTENTRIONALIS) MATERNITY ROOST STUDY LONG ISLAND, SUFFOLK COUNTY NY

May 29, 2020

1.0 PROJECT UNDERSTANDING

On behalf of Baron Winds LLC (Baron), Stantec Consulting Services Inc. (Stantec) will conduct a field survey on Long Island, Suffolk County, New York, to capture and radio-track the federally and state threatened northern long-eared bat (Myotis septentrionalis, NLEB). This effort will occur on unprotected lands (property not owned by State and Federal Government), primarily municipal (e.g., county and city parks) and private properties, where permission is granted for access. Survey efforts will focus on completing at least 1 calendar night with at least 2 mist net sets at up to as many as 20 sites, totaling 40 net-nights of survey effort in attempts to capture, tag, and radio-track reproductive female and juvenile NLEB. The goal will be to locate at least 4 maternity roost sites. The documentation of maternity roost trees for the NLEB will be used as mitigation for Baron’s wind energy facility located in the towns of Cohocton, Dansville, Fremont, and Wayland in Steuben County, New York. Due to our state Scientific Collection and federal Recovery Permit conditions, Stantec submits this work plan to the NYSDEC and U.S. Fish and Wildlife Service (USFWS) Long Island Field Office for written approval.

2.0 WORK PLAN

2.1 TASK 1: OBTAIN ACCESS TO SURVEY SITES

Mist-netting sites have not been selected and will be determined in the field, but possible properties have been identified. Table 1 below contains a list of potential study sites. Maps are provided in Appendix A.3. None of the property owners/managers have been contacted, thus the final location of mist net sites will depend on cooperation of property owners. Site selection will require several steps to effectively locate sites that will result in the capture and radio-tracking of NLEB. Stantec will review NYSDEC and New York Natural Heritage Program data of known maternity roosts. Stantec will use Google Earth, Suffolk County Geographic Information System data, and property ownership maps to locate suitable locations. The location of net sites will target areas in Suffolk County that meet the following criteria:

• located in habitat suitable for NLEB, i.e., predominately large wooded tracts • located on unprotected lands (private, county, and municipal ownership) • have reasonable access to facilitate transport of netting equipment • provide sites where bats can be captured in mist nets, such as canopy-covered road and stream corridors, ponds, and water-filled road-ruts

Stantec will compile a list of parcels that meet these criteria and secure landowner permission and access for mist-netting.

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Table 1. Potential study sites based on aerial photographs and known bat distribution data.

Stantec Site Name Latitude Longitude Owner Site # 20-01 Dorothy P. Flint 4-H Camp 40.969604 -72.718239 Nassau County 20-02 Cub Scouts Camp 40.958600 -72.769405 Suffolk County Council Boy Scouts 20-03 North Fork Preserve County Park 40.978068 -72.623231 County of Suffolk (Parks) 20-04a Laurel Lake 40.976672 -72.554756 Town of Southhold 20-04b Laurel Lake 40.977565 -72.552699 Town of Southhold 20-05 Indian Island (west-Cross River Dr) 40.927231 -72.634718 County of Suffolk (Parks) 20-05a Indian Island (west-Cross River Dr) 40.925646 -72.639674 County of Suffolk (Parks) 20-06 Indian Island (north end) 40.930095 -72.629704 County of Suffolk (Parks) 20-07 Sears Pond 40.886412 -72.575691 County of Suffolk (Parks) 20-08 Penny Pond 40.898400 -72.553344 County of Suffolk (Parks) 20-09 Wildwood Lake 40.889944 -72.676354 County of Suffolk 20-10 Deep Pond Boy Scouts Camp 40.932573 -72.832968 Theodore Roosevelt Council Inc Boy Scouts 20-11 Laurel Lake 40.979950 -72.549397 Suffolk County Water Authority 20-12 Peconic Hills County Park 40.875416 -72.713791 County of Suffolk (Parks) 20-13 Manorville Hills County Park 40.862878 -72.763872 County of Suffolk (Parks) 20-14 Terrell River County Park 40.797378 -72.776527 County of Suffolk (Parks) 20-15a Southhaven County Park 40.804069 -72.889447 County of Suffolk (Parks) 20-15b Southhaven County Park 40.812031 -72.891951 County of Suffolk (Parks) 20-15c Southhaven County Park 40.817585 -72.887773 County of Suffolk (Parks) 20-15d Southhaven County Park 40.828383 -72.905985 County of Suffolk (Parks) 20-15e Southhaven County Park 40.830031 -72.906108 County of Suffolk (Parks) 20-16 Dennis Puleston Warbler Woods 40.849286 -72.918165 County of Suffolk (Parks) Preserve 20-16a Dennis Puleston Warbler Woods 40.845748 -72.920306 County of Suffolk (Parks) Preserve 20-17 Cathedral Pines County Park 40.864800 -72.942722 County of Suffolk (Parks) 20-18 Corwood Landing County Park 40.962239 -73.003855 County of Suffolk (Parks)

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2.2 TASK 2: NORTHERN LONG-EARED BAT SURVEY

2.2.1 Mist-Netting

A team of 2 Stantec bat biologists will investigate field conditions and select sites for mist-netting. Actual netting sites will be selected based on a combination of factors, including presence of key habitat characteristics and the team members combined experience utilizing the USFWS’s 2020 Range-wide Indiana Bat Summer Survey Guidelines (Survey Guidelines). Site selection will depend upon canopy cover, presence of non-obstructed flyways, and forest condition. Due to adult females need for free- standing water, the presence of open water, such as small ponds and water-filled road-ruts, will also be a primary focus for site selection. The actual location and orientation of each net will be determined in the field prior to netting. Net sites will be mapped using a handheld Global Positioning System (GPS) unit. At each net site, the biologists will photograph those features that best illustrate site selection criteria. A sketch of each site will be included in the final report to illustrate the location of each net relative to topographic features.

Mist-netting will be conducted during the summer maternity season, which is defined as May 15 to August 15. Specifically, we plan on conducting mist-net surveys between July 15 and August 15 when the opportunity for capturing both reproductive females and juveniles is greatest. Stantec’s bat biologists will follow the mist-netting protocol prescribed in the Survey Guidelines, except for the level of effort requirement as it is not the intention of this survey to determine presence/probable absence.

To facilitate capturing and fitting NLEB with radio-transmitters, the biologists will mist-net for at least 1 calendar night at a maximum of 20 sites, with a minimum of 2 nets per night. This level of effort is expected to capture up to 4 NLEB. The number of NLEB captured may be less than 4 depending on the number of roosts located per bat radio tracked as detailed in Section 2.2 below. Netting will occur during appropriate weather conditions, as specified in the Survey Guidelines.

Bats will be live-caught in mist nets, removed by team leaders or under their direct supervision, processed (collect and record data), and released unharmed at the capture site. Bats will be identified to species by examining the ear and tragus, calcar, pelage, size/weight, length of right forearm, and overall appearance of the bat. Standard observations and measurements will include time of capture, species, age, sex, reproductive condition, weight, and right forearm length; all of which will be recorded for each individual captured. Handling and processing of each bat will be completed within 30 minutes of its capture. Biologists will use the National White-nose Syndrome Decontamination Protocol (version 09.13.2018). Documentation photos will be taken for all species encountered on site. Stantec will inform the NYSDEC and USFWS of all Indiana bat and NLEB captures within 48 hours as specified by permit conditions.

2.2.2 Radio-Telemetry and Roost Identification

If captured, at least 4 NLEB will be fitted with radio-transmitters and tracked to their roost sites. Suitable candidates for radio-telemetry will be either reproductive females or volant juveniles that have appropriate body mass for carrying a transmitter. As required by Stantec’s federal Recovery Permit, the transmitter and associated bonding material will represent no more than 6% of the bat’s body mass. Each bat fitted

3 NORTHERN LONG-EARED BAT (MYOTIS SEPTENTRIONALIS) MATERNITY ROOST STUDY LONG ISLAND, SUFFOLK COUNTY NY

May 29, 2020 with a radio-transmitter will be tracked for a minimum of 7 days in attempt to locate its roosts. Because the primary objective of the survey is to locate as many roost sites as possible, bats may be tracked up to 10 days or until the transmitter fails or detaches. Ten days is the typical life expectancy of the transmitter. For the purpose of Baron’s mitigation plan, the overall goal of this netting and telemetry effort is to identify at least 4 new NLEB maternity roosts located 150 feet or more apart from each other.

Stantec will spend a minimum of 4 hours per day tracking each bat until the roost site is located or the 7- to 10-day tracking period ends. It is likely that tracking will involve parcels of land that we may not have acquired permission to access. If Stantec cannot obtain property access to locate an exact roost location, the field staff will use triangulation methodologies to obtain an approximate roost location.

As possible, located roost sites (e.g., tree) will be flagged, mapped using a handheld GPS unit, and photographed to illustrate roosting conditions. The biologists will record the following information for each roost:

• bat # (transmitter frequency and/or band number) using roost • type of roost, e.g., trees, buildings, bridges • record following if tree roost: − species − diameter breast height (dbh) − percent bark cover − percent canopy cover at roost location − aspect of roost • proximity to water

From each discovered roost, the biologist will flag a path to the nearest road or trail to provide a safe and easy route for biologists conducting emergence counts at the roost. Emergence counts will be completed by positioning a biologist near the roost site where visibility of the potential exit point is optimized. At least 1 night of emergence counts will be conducted at each identified roost that can be accessed. Emergence counts will start 60 minutes before sunset and end 30 minutes after sunset, or once bat activity has stopped around the roost. If multiple roosts are identified within an area, then emergence counts will be completed at each roost simultaneously to estimate population, if enough staff is available.

2.2.3 Assumptions

We make the following assumptions related to the NLEB survey:

1. Stantec has applied for and will obtain/maintain the necessary permits to conduct the surveys, i.e., USFWS and NYSDEC permits. 2. Netting conducted for a single night at each of up to 20 different sites with a minimum of 2 nets per night, totaling at least 20 net-nights of effort will be sufficient to capture 4 adult reproductive females or juvenile bats, as needed for radio-tracking efforts.

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3. Surveys will begin after the survey plan is approved by both USFWS and NYSDEC but not before July 15. 4. Stantec field staff will have access to at least a sufficient number of properties where netting can be completed. 5. Aerial tracking will not be necessary to locate bats fitted with radio-transmitters. 6. At least 3 roost trees will be used by each of the 4 bats fitted with radio-transmitters (assume that each tagged bat will switch roosts on an average of every 3 days during the estimated 7- to 10-day tracking period). 7. Property owners will provide access to locate roosting bats without having to conduct additional nights of mist-netting to obtain additional bats to fit with radio-transmitters. 2.3 TASK 3: REPORTING

Upon completion of mist-netting, Stantec will prepare a report for submittal to the NYSDEC and USFWS. The report will include a description of the survey, field methods, results, and discussion of the findings. Copies of net site descriptions, bat capture data sheets, weather logs, and site photographs will be appended to the report. Results from the radio-tracking of NLEB to maternity roosts will include information on roost types (including size and species if tree roost), qualitative information on surrounding habitat, and number of bats observed during emergence counts.

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APPENDICES

NORTHERN LONG-EARED BAT (MYOTIS SEPTENTRIONALIS) MATERNITY ROOST STUDY LONG ISLAND, SUFFOLK COUNTY NY

May 29, 2020

A.1 SCIENTIFIC COLLECTION PERMITS

United States Department of the Interior

FISH AND WILDLIFE SERVICE 1875 Century Boulevard Atlanta, Georgia 30345

LIST OF AUTHORIZED INDIVIDUALS TE 070796-9 Apogee Environmental Consultants

C. Individuals authorized to conduct activities pursuant to this permit are:

For all species/all activities: Joel Beverly

For all species/all activities EXCEPT Ozark big-eared bat: Eric Holbrook, and Daniel Sumner.

For all species/all activities EXCEPT Ozark big-eared and Virginia big-eared bat: Wes Webb.

For all activities with Indiana and gray bats: Robert Kiser and Rex Medlin.

For all activities with Indiana and northern long-eared bats: Ashleigh Green, Curtis Hart, Dan Lerner, Jordan Stephens, and Quentin Tolliver.

For all activities with gray, Indiana, and northern long-eared bats: Grant Maltba.

For mist-netting, harp-trapping, handling, banding, and radio-tagging gray, Indiana, and northern long-eared bats: Keegan Chavka, Keith Collins, Eli Corwin, John Manuel, Drew Powell, Leslie Rivas, and Josh Yokubinas.

For mist-netting, harp-trapping, handling, banding, and radio-tagging Indiana and northern long-eared bats: Corey Gravley and Heidi McMullin.

Other persons may conduct activities pursuant to this permit only under the direct, on-site supervision of an above-named individual.

______Date Chief, Division of Environmental Review

Page 1 of 16 NATIVE ENDANGERED & THREATENED SP. RECOVERY ENDANGERED & THREATENED WILDLIFE Permit Number: TE070796-9 Effective: 05/18/2018 Expires: 05/31/2023

Issuing Office: Department of the Interior U.S. FISH & WILDLIFE SERVICE Ecological Services Permit Office 1875 Century Boulevard Atlanta, GA 30345 [email protected] CHIEF, DIVISION OF ENVIRONMENTAL REVIEW Permittee: APOGEE ENVIRONMENTAL & ARCHAEOLOGICAL, INC. 208 MAIN STREET WHITESBURG, KY 41858 U.S.A.

Name and Title of Principal Officer: JOEL BEVERLY - PRESIDENT

Authority: Statutes and Regulations: 16 USC 1539(a), 16 USC 1533(d); 50 CFR 17.22, 50 CFR 17.32, 50 CFR 13.

Location where authorized activity may be conducted: Alabama, Arkansas, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Virginia, Vermont, West Virginia, Wisconsin, and Wyoming.

Reporting requirements: Annual reports are due by January 31 following each year that this permit is in effect.

Authorizations and Conditions: A. General conditions set out in Subpart B of 50 CFR 13, and specific conditions contained in Federal regulations cited above, are hereby made a part of this permit. All activities authorized herein must be carried out in accordance with and for the purposes described in the application submitted. Continued validity, or renewal of this permit is subject to complete and timely compliance with all applicable conditions, including the filing of all required information and reports.

B. The validity of this permit is also conditioned upon strict observance of all applicable foreign, state, local tribal, or other federal law.

C. Authorized Individuals:

Only individuals on the attached List of Authorized Individuals (LAI) are authorized to conduct activities pursuant to this permit. The LAI, printed on U.S. Fish and Wildlife Service (USFWS) letterhead and signed and dated by the Region 4 permit issuing office, may identify special conditions or circumstances under which individuals are authorized to conduct activities and must be retained with these Special Terms and Conditions. Each named individual shall be responsible for compliance with the terms and conditions of this permit.

To request changes to the LAI, the permittee shall submit written requests to the USFWS' Southeast Region (Region 4) Permit Coordinator identified in Condition N.3., below. The request shall be submitted at least 30 days prior to

Page 2 of 16 NATIVE ENDANGERED & THREATENED SP. RECOVERY ENDANGERED & THREATENED WILDLIFE Permit Number: TE070796-9 Effective: 05/18/2018 Expires: 05/31/2023 the requested effective date. The request shall be signed and dated by the permittee and include a $50 processing fee, unless fee exempt (see 50 CFR 13.11(d)), and the following information:

a. The name of each individual (first name, middle initial, and last name) to be appended to the LAI and indicate which species they will be working with and what activities they will be conducting.

b. The résumé/qualifications of each person to be appended to the LAI, plus specific information on previous professional experience working with the species/activity affected by the permit request. Information should include: the approximate number of hours of focused activity with each species in occupied habitat; approximate numbers of each species the applicant has worked with at each site (e.g., how many birds at a specific site(s) or specific activities(s)); names, dates, and location of areas surveyed; and experience with similar species.

c. The names and phone numbers of a minimum of two references.

d. The names of the individuals to be deleted from the LAI.

Note: This procedure is for personnel changes only. For requests to renew/amend this permit, a complete application must be submitted to the Region 4 Permit Coordinator identified in Condition N.3., below.

Trained assistants not named on the attached LAI permit may work on permitted bat activities under the direct and on-site supervision of the individuals named above. However, trained assistants may not work independently at a site. Trained assistants are individuals who are considered qualified by the permitted biologist(s) to select sampling sites, deploy sampling equipment and nets, and handle bats in the field.

At least one named permittee must remain present at each mist-net and harp trap site while they are being operated.

D. Acceptance of this permit serves as evidence that the permittee understands and agrees to abide by the terms of this permit and all sections of Title 50 Code of federal regulations, parts 13 and 17, pertinent to issued permits. Section 11 of the endangered species act of 1973, as amended, provides for civil and criminal penalties for failure to comply with permit conditions. In addition, the permittee shall have all other applicable Federal, Tribal, State, and/or local government permits prior to the commencement of activities authorized in this permit.

E. Permittee is authorized to take (enter hibernacula or maternity roost caves, salvage dead bats, capture with mist nets or harp traps, handle, identify, collect hair samples, band, radio tag, light-tag, and wing-punch) Indiana bats (Myotis sodalis), gray bats (Myotis grisescens), northern long-eared bats (Myotis septentrionalis), Ozark big-eared bats (Corynorhinus (=Plecotus) townsendii ingens) and Virginia big-eared bats (Corynorhinus (=Plecotus) townsendii virginianus) for scientific research aimed at recovery of the species, such as: presence/absence surveys, studies to document habitat use, population monitoring, and to evaluate potential impacts of white-nose syndrome or other threats as specified in permittee's applications and as conditioned below.

F. The permitted activities described above require prior, site-specific approval from the USFWS Field Supervisor in the State(s) where the project will occur. Permittee shall notify the USFWS Field Supervisor for the State in which activities are proposed to occur at least 15 days prior to conducting any activities. Contact information is in Condition P., below. Your request for this site-specific approval must be in writing and must indicate:

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F.1. The purpose and a description of the activities proposed (e.g., surveys, radio telemetry studies, etc.). If the purpose includes wing punching and/or collection of hair samples, a copy of the specific study proposal must be included.

F.2. Location of proposed activities, including project site (legal description and lat/long), county, and state.

F.3. Dates when the project is proposed to take place.

F.4. You may proceed with activities only upon receipt of written concurrence from the applicable USFWS Field Supervisor. Your concurrence letter/email must be carried with this permit to authorize site-specific activities.

G. Permittee shall adhere to the following conditions involving capture and handling of bats:

G.1. Federally listed bats may be captured (e.g., mist-nets and harp traps) following the protocol(s) provided by the USFWS, when available. Permittees must contact the USFWS FO in the state(s) which activities are proposed to ensure correct protocol(s) are used. For example, the current Range-wide Indiana Bat Summer Survey Guidelines are available at: http://www.fws.gov/midwest/endangered/mammals/inba/inbasummersurveyguidance.html. The monitoring interval for mist nets is once every 10 minutes. Harp traps must be continually monitored.

G.2. Captured bats may be held for a maximum of 30 minutes, unless injured. If an exception is required to this prohibition, permittee must receive prior written approval from the USFWS Field Supervisor for the State in which the activities are proposed to occur.

G.3. Permittees shall carry out non-intrusive measurements on all captured bats. Data shall be recorded for all bats captured and include, but not be limited to, the data requested in any automated or species specific data form provided by the USFWS (e.g., USFWS Bat Reporting Form available at: http://www.fws.gov/midwest/Endangered/mammals/inba/inbasummersurveyguidance.html). Handling should be limited to the maximum extent practicable and should cease immediately at signs of undue stress (e.g., bat becoming unresponsive, etc.). Bats that appear stressed from handling should be placed in a dark, quiet location away from activity where it can safely fly away after recovery, and should be checked to ensure successful recovery before leaving the study site. Photographs of the identifying characteristics for each individual federally-listed species captured are encouraged. The permittee may be requested to provide individual photographs after submittal of annual reporting data.

G.4. If bands are applied, they must be lipped metal bands having a unique identifier. Bands should be applied to the forearm of captured bats prior to release. No more than one band per bat may be used. Position the band on the wing so that when the bat is hanging upside down, the band numbers are right-side up. A single band should be placed on the right forearm of each male and the left forearm of each female bat.

G.5. Radio transmitters may be applied during spring, summer, and fall roosting and migration periods via nontoxic skin bond adhesive. The total weight of the transmitter may not exceed 5% of the bat's body weight and the total weight of the package (transmitter and adhesive) may not exceed 6% of the bat's body weight. The lightest package (both transmitter and adhesive) capable of accomplishing the required task should be used, especially with pregnant females and newly volant juveniles. Bats carrying transmitters must be monitored daily for at least five days, or until the transmitter falls off, whichever occurs first. * Although not required as a condition of this permit, in order to gather needed information to promote the conservation of the northern long-eared bat, it is recommended that

Page 4 of 16 NATIVE ENDANGERED & THREATENED SP. RECOVERY ENDANGERED & THREATENED WILDLIFE Permit Number: TE070796-9 Effective: 05/18/2018 Expires: 05/31/2023 the permittee radio-track female and juvenile northern long-eared bats captured when conducting mist-netting and radio-tracking of Indiana bats within the white-nose syndrome (WNS) zone of the range of the northern long-eared bat. Specifics on the number of females and juvenile bats to be tracked will be determined in coordination with the appropriate Field Office, as specified in Condition F (above).

G.6. No capture activities shall occur within 20 meters of a known or potential summer or winter roost site, either natural or artificial, of a federally listed bat. If an exception is required to this prohibition, permittee must receive prior written approval from the USFWS Field Supervisor for the State in which the activities are proposed to occur.

G.7. Permittee may collect dorsal hair samples and wing biopsy tissue samples from captured bats for scientific study. Hair samples shall be obtained via clipping fur from between scapula from females and juvenile males. The clipped area is the same area frequently clipped for radio transmitter attachment. Wing tissue samples may be taken using a new, sterile biopsy punch (2mm) for each endangered bat sampled. No more than two samples, one from each wing, may be obtained per individual. All boards and equipment used to obtain samples must be disinfected according to the protocol cited in Condition G.9.

G.8. Cyalume light tags may be affixed to the back of unmarked bats during summer roosting period via non-toxic skin bond adhesive to aid in identification of individuals for echolocation recordings. Light tags shall not be affixed to bats carrying radio transmitters. Light tag cannot exceed 2 cm in length or 0.15 g in weight. The light tag must be resistant to tooth puncture and sealed to prevent bats from ingesting cyalume compound. Any light tag that has the potential to expose bats to the cyalume compound is prohibited; the compound is known to be toxic to bats.

G.9. Equipment used to capture and handle bats shall be cleaned and decontaminated, including personal gear such as boots and gloves, using products cited in decontamination guidelines and in compliance with label directions. The most recent decontamination guidance is found on the web at: http://whitenosesyndrome.org/.

G.10. Caves mines or other suitable hibernation sites may be quietly searched in a manner that minimizes disturbance by utilizing the minimum number of people and time required to complete the survey. Surveys of known hibernacula conducted during the winter hibernation season shall follow the guidelines established in the recovery plans for each federally listed bat species with regards to how often a site may be visited and other species-specific requirements related to entering hibernaculum. Under no circumstances should multiple trips to the hibernation area occur within the same year without written approval of the USFWS Field Supervisor for the State in which activities are proposed.

Bats may be handled during winter surveys in order to collect band information and confirm the identification of listed species. When possible, bands should be read without touching the bat. Banded bats should only be handled if easily accessible and removal of the bat does not disturb a large number of additional bats and is unlikely to result in injury to the bat. Detailed photographs should be taken to document the presence of listed species in previously undocumented hibernaculum. Where hibernacula area and safety conditions allow, individuals entering hibernacula are recommended to utilize night vision goggles or red-filtered light and to remain in the site no more than 90 minutes to complete the work.

G.11. Surveys of gray, Ozark big-eared, and Virginia big-eared bat maternity roosts and their other known summer roost sites shall be conducted by observing the bats with night vision equipment and/or infrared light sources (e.g., thermal infrared) as they emerge from their roosts to avoid any possible disturbance to these bats. At previously undocumented sites for these species, the accepted method to determine if they are present is to carefully and slowly enter the potential roost site to check for evidence of presence/use, such as visual observation of bats, significant quantities or a strong smell of guano, or the audible sounds produced by bats roosting at the site. As soon as any

Page 5 of 16 NATIVE ENDANGERED & THREATENED SP. RECOVERY ENDANGERED & THREATENED WILDLIFE Permit Number: TE070796-9 Effective: 05/18/2018 Expires: 05/31/2023 evidence is obtained that the roost site is being used by a federally-listed bat species, survey team members shall immediately exit the roost site and make further observations from outside the entrance to the roost. All further observations shall be made from the entrance during the evening emergence.

H. Upon determination that endangered bats are present, permittee shall notify the USFWS Field Office within the geographic location of study areas (Condition P.) immediately (not to exceed 1 business day).

I. Permittee must carry a copy of this permit at all times when conducting the authorized activities. Shipments of collected biological materials should also be accompanied by a copy of this permit. NOTE: This permit is limited to the above activities and identified species.

J. Issuance of this permit does not constitute permission to conduct these activities on National Wildlife Refuges or any other public or private lands; such permission must be obtained separately from the appropriate landowner or land manager before beginning these authorized activities. This permit, neither directly nor by implication, grants the right of trespass.

K. The Service anticipates that no federally listed bats will be injured or killed as a result of permitted activities. If any injury or mortality does occur, the permittee shall immediately notify the appropriate Species Recovery Lead(s) noted in Condition O., below. Notification shall also be made within 24 hours to the Southeast Regional Permit Coordinator, at the address and telephone number noted in Condition N.3., below. Based on consultation with these offices, a decision will be made as to whether any of the authorized activities can continue. Decisions will also be made concerning the disposition of any dead or injured specimens. The permittee shall provide a written statement to the USFWS offices noted in Conditions N.3. and O, below, which documents the cause of the injury or mortality, and identifies the remedial measures employed by the permittee to eliminate future mortality or injury events. The final decision on remedial measures and disposition of specimens rests with the Service.

Upon locating a dead, injured, or sick bat, or any other threatened or endangered species, under circumstances not addressed in this authorization, initial notification must be made immediately (not to exceed 1 business day) to the Southeast Regional Office identified in Condition N.3., below, including a description of the circumstances, location information, and photo documentation. Notification should also be made at the same time to the appropriate USFWS Field Office identified in Condition P., below. Care should be taken in handling sick, injured, or dead specimens to ensure effective treatment or to preserve biological materials for later analysis. In conjunction with the care of sick or injured threatened or endangered species, and the preservation of biological materials from a dead animal, the permittee should take responsible steps to ensure that the site is not unnecessarily disturbed. Prior to collecting the specimen(s), you must photograph the specimen(s) to document the conditions in which they were found. You may preserve the specimen(s) by freezing them or other suitable method to allow scientific study. Disposition of collected specimen(s) shall be determined by the USFWS Field Office.

L. This permit is non-transferable.

M. An annual report summarizing authorized activities must be submitted to the offices identified in Conditions N, O, and P, by January 31 following each year that this permit is in effect. Each report should include, at a minimum, the following information:

M.1. The date, time, geographic locations (including datum and projection information).

M.2. All locations surveyed (regardless of whether federally-listed bats were captured/observed).

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M.3. Band numbers of all bats banded.

M.4. Information on any injuries and/or mortalities and disposition of specimens.

M.5. Location and characteristics of roost trees and bat colonies.

M.6. Copies of any separate reports and/or publications resulting from work conducted under the authority of this permit.

M.7. Data shall be submitted for all bats captured and include, but not be limited to, the data requested in any automated or species-specific data form provided by the USFWS (e.g., USFWS Bat Reporting Form available at: http://www.fws.gov/midwest/Endangered/mammals/inba/inbasummersurveyguidance.html). Photographs of the identifying characteristics for each individual federally listed species captured are encouraged. The permittee may be requested to provide individual photographs after submittal of annual reporting data.

M.8. Copies of all site specific authorization letters/emails required under Condition F.

IF NO ACTIVITIES OCCURRED OVER THE COURSE OF THE YEAR, INDICATION OF SUCH SHALL BE SUBMITTED AS AN ANNUAL REPORT.

N. Copies of your reports shall be sent to the offices listed below. When possible, electronic copies shall be submitted in lieu of hard copies in MS Word, Portable Document Format, Rich Text Format, or other file format that is compatible with the receiving office.

N.1 Regional Recovery Permits Coordinator U.S. Fish and Wildlife Service - Southwest Region (Region 2) 500 Gold Ave., SW P.O. Box 1306 Albuquerque, New Mexico 87103-1306 (505/248-6665; fax 505/248-6788) [email protected]

N.2. Regional Recovery Permits Coordinator U.S. Fish and Wildlife Service - Midwest Region (Region 3) Ecological Services - Endangered Species 5600 American Blvd. W., Suite 990 Bloomington, Minnesota 55437-1458 (612/713-5343; fax 612/713-5292) [email protected]

N.3. Regional Recovery Permits Coordinator U.S. Fish and Wildlife Service - Southeast Region (Region 4) 1875 Century Boulevard

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Atlanta, Georgia 30345-3301 (404/679-7097; fax 404/679-7081) [email protected]

N.4. Regional Recovery Permits Coordinator U.S. Fish and Wildlife Service - Northeast Region (Region 5) Endangered Species Division 300 Westgate Center Drive Hadley, Massachusetts 01035-9589 (703/358-2402; fax 413/253-8482) [email protected]

N.5. Regional Recovery Permits Coordinator & Assistant Regional Recovery Coordinator U.S. Fish and Wildlife Service - Mountain-Prairie Region (Region 6) Endangered Species Permits Office Denver Federal Center, P.O. Box 25486 Denver, Colorado 80225-0489 (303/236-4212; fax 303/236-0027) [email protected]

O. Additionally, based on species, reports and publications shall be submitted to the following:

O.1. For Studies involving Indiana Bats:

Lori Pruitt U.S. Fish and Wildlife Service Indiana Ecological Services Field Office 620 S. Walker Street Bloomington, Indiana 47403-2121 (812/334-4261 x1213; fax 812/334-4273)

O.2. For Studies involving Gray Bats:

Shauna Marquardt U.S. Fish and Wildlife Service Missouri Ecological Services Field Office 101 Park De Ville Drive, Suite A Columbia, Missouri 65203 (573/234-2132 x174; fax 573/234-2181)

O.3. For Studies involving Northern Long-eared Bats:

Jill Utrup U.S. Fish and Wildlife Service Twin Cities Ecological Services Field Office

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4104 American Blvd. E Bloomington, Minnesota 55425 (612/725-3548 x207; fax 612/725-3609)

O.4. For Studies involving Ozark Big-eared Bats:

Richard Stark U.S. Fish and Wildlife Service Ozark Plateau National Wildlife Refuge 9014 East 21st Street Tulsa, Oklahoma 74129 (918/382-4520; fax 918/581-7467)

O.5. For Studies involving Virginia Big-eared Bats:

Barbara Douglas U.S. Fish and Wildlife Service West Virginia Ecological Services Field Office 694 Beverly Pike Elkins, West Virginia 26241 (304/636-6586 x19; fax 304/636-7824)

P.Additionally, based on geographic area, reports and publications shall be submitted to the following:

P.1. For studies conducted in Alabama:

Field Supervisor Alabama Ecological Services Field Office 1208-B Main Street Daphne, Alabama 36526-4419 (251) 441-5181

P.2. For studies conducted in Arkansas:

Field Supervisor Arkansas Field Office 110 South Amity Road Suite 300 Conway, Arkansas 72032-8975 (501) 513-4470

P.3. For studies conducted in Connecticut, Massachusetts, New Hampshire, Rhode Island and Vermont:

Field Supervisor New England Field Office 70 Commercial Street, Suite 300

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Concord, NH 03301 (603) 223-2541

P.4. For studies conducted in Delaware and Maryland:

Field Supervisor Chesapeake Bay Field Office 177 Admiral Cochrane Drive Annapolis, MD 21401 (410) 573-4573

P.5. For studies conducted in Georgia:

Field Supervisor Georgia Field Office RG Stephens, Jr. Federal Building 355 East Hancock Avenue, Room 320 Athens, GA 30601 (706) 613-9493; fax 706/613-6059 [email protected]

P.6. For studies conducted in Illinois:

P.6.a. Kristen Lundh Endangered Species Coordinator for Illinois/Iowa U.S. Fish and Wildlife Service Ecological Services Field Office 1511 47th Ave. Moline, Illinois 61265 (309/757-5800, x215; fax 309/757-5807)

P.6.b. Joe Kath Endangered Species Coordinator Illinois Department of Natural Resources Division of Natural Heritage One Natural Resource Way Springfield, Illinois 62702-1271 (217/785-8764; fax 217/785-2438)

P.7. For studies conducted in Indiana:

P.7.a. Lori Pruitt Endangered Species Coordinator for Indiana U.S. Fish and Wildlife Service

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Ecological Services Field Office 620 S. Walker Street Bloomington, Indiana 47403-2121 (812/334-4261 x1213; fax 812/334-4273)

P.7.b. Scott Johnson Indiana Department of Natural Resources 5596 East State Road 46 Bloomington, Indiana 47401 (812/334-1137, ext. 3400)

P.8. For studies conducted in Iowa:

P.8.a. Kristen Lundh Endangered Species Coordinator for Illinois/Iowa U.S. Fish and Wildlife Service Ecological Services Field Office 1511 47th Ave. Moline, Illinois 61265 (309/757-5800, x215; fax 309/757-5807)

P.8.b. Kelly Poole Endangered Species Coordinator Iowa Department of Natural Resources Parks, Recreation, and Preserves Wallace State Office Building East 9th and Grand Avenue Des Moines, Iowa 50319-0034 (515/281-8524)

P.9. For studies conducted in Kansas:

Field Supervisor Kansas Field Office 2609 Anderson Avenue Manhattan, Kansas 68502 785/539-3474; fax 785/539-8567

P.10. For studies conducted in Kentucky:

Field Supervisor Frankfort Field Office J C Watts Federal Bldg., Rm 265 330 West Broadway

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Frankfort, KY 40601-8670 (502) 695-0468 [email protected]

P.11. For studies conducted in Louisiana:

Field Supervisor Louisiana Ecological Services 646 Cajundome Blvd., Suite 400 Lafayette, La. 70506 Phone 337.291.3100 Fax 337.291.3139

P. 12. For studies conducted in Maine:

Field Supervisor Maine Field Office U.S. Fish and Wildlife Service 17 Godfrey Drive, Suite 2 Orono, ME 04473 Phone: 207-866-3344

P.13. For studies conducted in Michigan:

P.13.a. Barbara Hosler Endangered Species Coordinator for Michigan U.S. Fish and Wildlife Service 2651 Coolidge Road East Lansing, Michigan 48823 (517/351-6326; fax 517/351-1443)

P.13.b. Dan Kennedy Endangered Species Coordinator Michigan Department of Natural Resources Wildlife Division P.O. Box 30444 Lansing, Michigan 48909-7444 (517) 284-6194; fax 517/373-6705

P.14. For studies conducted in Mississippi:

Field Supervisor Mississippi Field Office 6578 Dogwood View Pkwy, Ste A Jackson, MS 39213-7856

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(601) 321-1122

P.15. For studies conducted in Missouri:

P.15.a. Field Supervisor U.S. Fish and Wildlife Service Missouri Ecological Services Field Office 101 Park DeVille Drive, Suite A Columbia, Missouri 65203-2132 (573/234-2132; fax 573/234-2181)

P.15.b. Scientific Collecting Permit Coordinator Missouri Department of Conservation Endangered Species and Natural History Division 2901 W. Truman Blvd., P.O. Box 180 Jefferson City, Missouri 65102-0180 (573/522-4115 ext. 3322; fax 573/751-4864)

P.16. For studies conducted in Montana:

Project Leader 585 Shepard Way Helena, Montana 59601 Telephone: 406-449-5225 Fax: 406-449-5339

P.17. For studies conducted in Nebraska:

Assistant Field Supervisor 9325 South Alda Road Wood River, NE 68883 Fax:(308) 384-8835 Phone: (308) 382-6468

P.18. For studies conducted in New Jersey:

Field Supervisor New Jersey Field Office 927 N. Main Street, Building D Pleasantville, NJ 08232-1454 (609) 646-9310

P.19. For studies conducted in New York:

Field Supervisor

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New York Field Office 3817 Luker Road Cortland, NY 13045 (607) 753-9334

P.20. For studies conducted in North Carolina:

Field Supervisor Asheville Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939

P.21. For studies conducted in North Dakota:

North Dakota Field Office 3425 Miriam Avenue Bismarck, North Dakota 58501-7926 Phone: (701) 250-4481 Fax: (701) 355-8513

P.22. For studies conducted in Ohio:

P.22.a. Endangered Species Coordinator for Ohio U.S. Fish and Wildlife Service Ohio Ecological Services Field Office 4625 Morse Road, Suite 104 Columbus, Ohio 43230 (614/416-8993, x22; fax 614/416-8994)

P.22.b. Endangered Species Coordinator Ohio Department of Natural Resources Division of Wildlife 2045 Morse Road, Building G Columbus, Ohio 43229-6693 (614-265-6329; fax 614/262-1143)

P.23. For studies conducted in Oklahoma:

P.23.a. Field Supervisor Oklahoma Field Office U.S. Fish and Wildlife Service 9014 E. 21st St. Tulsa, Oklahoma 74129-1428

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(918) 382-4501

P.23.b. Todd Fagin Oklahoma Natural Heritage Inventory 111 E. Chesapeake St. Norman, OK 73019 405 325-4700 (Direct Line) 405 325-4042 (Oklahoma Biological Survey main office) 405 325-7702 (Fax) [email protected]

P.23.c. Oklahoma Department of Wildlife Conservation Wildlife Division 1801 N. Lincoln Blvd. Oklahoma City, Oklahoma 73105 405/990-7259; fax 405/521-4706

P.24. For studies conducted in Pennsylvania:

Field Supervisor Pennsylvania Field Office 315 So. Allen Street, Suite 322 State College, PA 16801-4850 (814) 234-4090

P.25. For studies conducted in South Carolina:

P. 25.a.

Field Supervisor South Carolina Field Office 176 Croghan Spur Road, Suite 200 Charleston, SC 29407-7558 (843) 727-4707 x227

P. 25.b.

Jennifer Kindel South Carolina Department of Natural Resources 311 Natural Resources Drive Clemson, SC 29631 (864) 654-6738 x15 Fax: (864) 654-9168

P.26. For studies conducted in South Dakota:

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South Dakota Ecological Services Field Office 420 S. Garfield Avenue, Suite 400 Pierre, SD 57501-5408 Phone (605) 224-8693 FAX 605-224-9974

P.27. For studies conducted in Tennessee:

P. 27.a. Field Supervisor Cookeville Field Office U.S. Fish and Wildlife Service 446 Neal Street Cookeville, TN 38501-4027 (931) 528-6481

P. 27.b. Josh Campbell Bat Coordinator Tennessee Wildlife Resources Agency P.O. Box 40747 Nashville, TN 37204 (615) 781-6569

P.28. For studies conducted in Virginia:

Field Supervisor Virginia Field Office 6669 Short Lane Gloucester, VA 23061 (804) 693-6694

P.29. For studies conducted in West Virginia:

Field Supervisor West Virginia Field Office 694 Beverly Pike Elkins, WV 26241 (304) 636-6586

P.30. For studies conducted in Wisconsin:

P.30.a. Endangered Species Coordinator for Minnesota and Wisconsin U.S. Fish and Wildlife Service

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Ecological Services Field Office 4101 American Blvd E. Bloomington, Minnesota 55425 (612/725-3548 x2206; fax 612/725-3609)

P.30.b. Owen Boyle Wisconsin Department of Natural Resources 101 S. Webster Street Madison, Wisconsin 53707-7921 (608/266-5244) [email protected]

P. 31. For studies conducted in Wyoming:

Ecological Services Wyoming Field Office 5353 Yellowstone Road, Suite 308A Cheyenne, Wyoming 82009 Tel: (307) 772-2374 Fax: (307)772-2358

END

NORTHERN LONG-EARED BAT (MYOTIS SEPTENTRIONALIS) MATERNITY ROOST STUDY LONG ISLAND, SUFFOLK COUNTY NY

May 29, 2020

A.2 RESUMES OF BAT BIOLOGISTS

Joel Beverly President/Principal Scientist [email protected]

Background

Mr. Beverly is owner and senior environmental specialist at Apogee, Inc (Apogee). As company president, he is responsible for the growth and development of the company. He oversees all marketing, sales, and systems functions of the company and has nearly 20 years’ experience in environmental, archeological, and construction consulting practice. He has conducted a multitude of projects throughout the U.S. including threatened and endangered terrestrial and aquatic species, ecosystem management, wetland jurisdictional determination, 404/401 permitting, and ecological restoration. In this consulting role, he routinely represents clients as their consultant with the U.S. Fish and Wildlife Service, U.S. Army Corp of Engineers, and a variety of state agencies.

Apogee specializes in environmental compliance surveys and services within the United States. Apogee biologists and scientists have extensive experience in completing a variety of endangered species surveys, wetland delineations, and ecological mitigations on time and on budget for clients. Key staff meets the U.S. Fish and Wildlife Service’s standards in in the fields of mammalogy, ornithology (birds), botany, herpetology, entomology (insects), and malacology (snails and slugs). In addition to ecological issues, Apogee also specializes in cultural resource compliance surveys and services within the United States. Apogee archaeologists and architectural historians have extensive experience in completing Phase I surveys, Phase II evaluations, and Phase III mitigations of cultural resource projects on time and on budget for clients. Key staff meets the Secretary of the Interior’s standards in archaeology and are members of the Register of Professional Archaeologists.

Prior to founding Apogee, Mr. Beverly was the Director of Environmental Services for an engineering firm in Virginia and then Environmental Project Manager for an environmental firm based out of the Cincinnati area.

Vascular Plants of the Eastern United States Mr. Beverly has conducted and managed ecological field investigations on a variety of projects that have provided him a solid foundation for identifying vascular plants of the eastern United States. Those projects include: • Large and small transportation • Private development • Resource extraction

• Jurisdictional waters determination • Urban ecology • Surface Mining Control and Reclamation Act of 1977 (SMCRA) permitting • Kentucky Pollution Discharge Elimination System (402) • 404/401 permitting • Stream and wetland restoration and enhancement projects

Qualifications and Experience with Bats

Mr. Beverly is proficient and experienced in the application of the following equipment and techniques as they relate to capture and handling of bats:

• Bat handling (species level identification and various physical measurements) • Mist net site selection, set up, and operation • Harp trap site selection, set up, and operation • Radio telemetry • Estimated 3000+ contact hours performing surveys for listed bat species • Application of split-ring metal identification forearm bands • Reichard’s Wing Damage Index Scoring • Suitability assessments for both summer and winter bat habitat • Acoustical monitoring and call analysis • Hibernacula surveys • Autumn portal/cave evaluations and emergence surveys • National White-nose Syndrome Decontamination Protocols

Identified Bat Species

• Indiana bat (Myotis sodalis) • Northern long-eared bat (Myotis septentrionalis) • Gray bat (Myotis grisescens) • Eastern small-footed bat (Myotis leibii) • Little brown bat (Myotis lucifugus) • Silver-haired bat (Lasionycteris noctivagans) • Tri-colored bat (Perimyotis subflavus) • Evening bat (Nycticeius humeralis) • Hoary bat (Lasiurus cinereus) • Eastern red bat (Lasiurus borealis) • Big brown bat (Eptesicus fuscus) • Rafinesque’s big-eared bat (Corynorhinus rafinesquii) • Virginia big-eared bat (Corynorhinus townsendii virginianus) • Southeastern Myotis (Myotis austroriparius)

Indiana Bat Experience

• Captured and processed approximately 50 Indiana bats • Harp trapping and portal surveys at approximately 400 openings • Placed radio transmitters on approximately 50 Indiana bats

• Conducted approximately 1,000 hours of radio telemetry (night time foraging and roost tree locations) for the Indiana bat

Northern Long-eared Bat Experience

• Captured and processed an estimated 1,000+ northern long-eared bats

Gray Bat Experience

• Captured and processed an estimated 100+ gray bats • Performed harp trapping at maternity caves • Placed transmitters on approximately 10 gray bats • Conducted approximately 100 hours of radio telemetry on the gray bat

Selected Project Experience

Georgia • Threatened and Endangered Species review for the proposed Transco Lawrenceville No. 3 Meter Station Project, Gwinnett County, Georgia.

Kentucky • Mist Net Survey for the Federally Endangered Indiana Bat for the Proposed Bluegrass Pipeline throughout Kentucky. • A stream restoration plan for a proposed surface mine near Littcarr, Knott County, Kentucky (Application No. 860-0404). • Wetland Determination for Landmark Mining Company, Floyd County, Kentucky (Application No. 836-0412). • A stream restoration plan for a proposed surface mine near Harless Creek, Pike County, Kentucky (Application No. 898-0619, Am. 2). • The diversity, substrata divisions and biogeographical divisions of land snails at Bad Branch Nature Preserve, Letcher County, Kentucky. • A stream restoration plan for a proposed surface mine near Island City, Owsley County, Kentucky (Application No. 895-0148). • A stream restoration plan for a proposed surface mine near Bimble, Knox County, Kentucky (Application No. 861-0467). • A stream restoration plan for a proposed surface mine area near Stinnet, Leslie County, Kentucky (Application No. 866-0289). • An exploratory survey for the federally threatened blackside dace (Phoxinus cumberlandensis) at Blacksnake Branch, Bell County, Kentucky.

Maryland • Mist Net Survey for the Federally Endangered Indiana Bat and threatened northern long-eared bat for the Proposed Terrapin Hills Wind Project Garrett County, Maryland.

North Carolina • Summer survey for the federally endangered Indiana bat (Myotis sodalis) at a proposed subdivision near Long Branch, Swain County, North Carolina.

Ohio • Mist Net Survey for the Federally Endangered Indiana Bat and northern long-eared bat for the Proposed Rover Pipeline throughout Ohio. • Habitat Assessment for the Federally Endangered Indiana Bat and northern long- eared bat for the Proposed Rover Pipeline throughout Ohio. • Mist Net Survey for the Federally Endangered Indiana Bat for the Proposed Bluegrass Pipeline throughout Ohio.

Pennsylvania • Mist Net Survey for the Federally Endangered Indiana Bat for the Proposed Bluegrass Pipeline in Pennsylvania • Habitat analysis for the Federally Endangered Indiana Bat for the Pennsylvania Pipeline Project. • Mist Net Survey for the Federally Endangered Indiana Bat for the Pennsylvania Pipeline Project • Mist Net Survey for the Federally Endangered Indiana Bat and northern long-eared bat for the Proposed Rover Pipeline throughout PA. • Habitat Assessment for the Federally Endangered Indiana Bat and northern long- eared bat for the Proposed Rover Pipeline throughout PA.

Tennessee • Summer survey for the federally endangered Indiana bat (Myotis sodalis) for a proposed commercial development area at Holston Army Ammunition Plant, Hawkins County, Tennessee. • An exploratory survey for the federally threatened spotfin chub (Cyprinella monacha) for the proposed demolition of bridge #20 at Holstom Army Ammunition Plant, Hawkins County, Tennessee. • Mist Net Survey for the Federally Threatened and Endangered bat species for the Holston Army Ammunition Plant Hawkins County, Tennessee. • Small mammal inventory for the Holston Army Ammunition Plant Hawkins County, Tennessee.

Virginia • A stream restoration plan at a proposed deep mine area near headwaters of Callahan Creek, Wise County, Virginia (DMLR Application No. 1000876). • A survey for the federally threatened small whorled pogonia (Isotria medeoloides) at a proposed surface mine near Roda, Wise County, Virginia (Division of Mined Land Reclamation # 0102316)). • A survey for the federally threatened small whorled pogonia (Isotria medeoloides) at a proposed surface mine near Keokee, Lee County, Virginia (Permit # 1601744, Revision # 9608278). • A survey for the federally threatened small whorled pogonia (Isotria medeoloides) at a proposed surface mine near Exeter, Wise and Lee Counties, Virginia. • An exploratory survey for the federally threatened blackside dace (Phoxinus cumberlandensis) at two stream crossings in Lee County, Virginia. • Fish survey conducted on Race Fork and Pounding Mill Creek, Buchanan County, Virginia.

West Virginia

• Mist Net Survey for the Federally Endangered Indiana Bat and northern long-eared bat for the Proposed Rover Pipeline throughout West Virginia. • Habitat Assessment for the Federally Endangered Indiana Bat and northern long- eared bat for the Proposed Rover Pipeline throughout West Virginia. • Summer monitoring for the federally endangered Indiana bat (Myotis sodalis) near known maternity colony trees, Boone County, West Virginia. • Mist Net Survey for the Federally Endangered Indiana Bat for the Proposed Bluegrass Pipeline throughout West Virginia. • Habitat analysis for the Federally Endangered Indiana Bat for the Pennsylvania Pipeline Project. • A summer survey for the federally endangered Indiana bat (Myotis sodalis) at a proposed residential development near Cunard, Fayette County, West Virginia. • A summer survey for the federally endangered Indiana bat (Myotis sodalis) at two proposed surface mines in Mingo County, West Virginia. • A summer survey for the federally endangered Indiana bat (Myotis sodalis) for a proposed surface mine in Fayette and Raleigh Counties, West Virginia (Permit No. SMA-3001-05). • A summer survey for the federally endangered Indiana bat (Myotis sodalis) at two proposed surface mines in Kanawha County, West Virginia. • A summer survey for the federally endangered Indiana bat (Myotis sodalis) at a proposed impoundment near Anjean, Greenbrier County, West Virginia. • A winter habitat assessment and summer survey for the federally endangered Indiana bat (Myotis sodalis) at a proposed surface mine near Paynter Branch, Wyoming County, West Virginia. • A summer survey and winter habitat assessment for the federally endangered Indiana bat (Myotis sodalis) at a proposed surface mine near Decota, Kanawha County, West Virginia.

Education

Eastern Kentucky University, Richmond, KY • Master of Science, Major: Biology/Ecology (2000) • Bachelor of Science, Major: Wildlife Management (1998)

Professional References

Barbara Douglas USFWS Senior Endangered Species Biologist (304) 636-6586 [email protected]

Mike Armstrong USFWS Wildlife Biologist (502) 695-0648 ext. 101 [email protected]

Barbara Sargent WVDNR Wildlife Resources PO Box 67 Ward Road, Elkins, WV 26241

(304) 637-0245 [email protected]

James Kiser

Senior Environmental Scientist

James has more than 29 years of ecological and West Virginia Approved Mussel Surveyor, West Virginia environmental services experience. He has conducted Department of Natural Resources, Various Locations, 2012 numerous endangered species surveys and habitat assessments throughout the eastern United States. Ohio Approved Mussel Surveyor, Ohio Department of Natural Resources, Various Locations, 2020 He understands how the Endangered Species Act (ESA) is implemented and how to streamline the NEPA Effect Analysis and Documentation Training, US Forest Service, Richmond, Kentucky, 2005 process while maintaining integrity and insuring protection of listed species. He has completed both Habitat Conservation Planning for Endangered Species, US Fish and Wildlife Service, Shepherdstown, West informal and formal consultation with the US Fish and Virginia, 2002 Wildlife Service on projects involving Indiana bats, Bats and Mines Workshop, Bat Conservation gray bats, Virginia big-eared bats, and endangered International, St. Louis, Missouri, 2000 freshwater mussels. He has published several papers Indiana Bat Habitat Suitability Training, US Forest and presented oral papers at scientific meetings on Services, Berea, Kentucky, 1995 small mammals and bats. James is proficient in the Bats & Forest Symposium, Instructor, Bat Conservation use of various field techniques (e.g., Anabat II International, Hot Springs, Arkansas, 2004 echolocation detectors, mist net and harp trap Conservation and Management of Forest Bats, Instructor, surveys, radio telemetry, hibernacula surveys, bat U.S. Forest Service, Cincinnati, Ohio, 2001 banding, emergence counts, and habitat analysis) to Acoustical Bat Detector (Anabat) Training by Eric Britzke, investigate the presence, distribution, and habitat use East KY Power, Somerset, Kentucky, 2000 of endangered bats. He has also conducted NEPA 1950 Training, Shipley Group, Atlanta, Georgia, freshwater mussel surveys in both deep water and 2004 wadeable aquatic habitats. Since 1990, James has Basic Wetland Delineation: Corps Manual, Regional focused much of his time conducting surveys for the Supplement and ORAM Training, Institute for Wetland & federally endangered Indiana bat. These efforts have Environmental Education & Research, Inc., Canton, Ohio, been extensive, resulting in more than 1,250 nights of 2012 mist netting in 16 eastern and midwestern states. 40-Hour HAZWOPER Training, Compliance Solutions Much of this effort was for ESA compliance on Occupational Trainers, Inc., Cincinnati, Ohio, 2014 development projects. In recent years he has also TE38821A-1, Federal Bat & Mussel Permit, United States conducted many freshwater mussel surveys in some Fish & Wildlife Service, Kentucky, 2014 of North America’s best remaining rivers, including the PROJECT EXPERIENCE Green, Licking, Ohio, and Tennessee rivers in Kentucky; Clinch and Powell rivers in Tennessee and Corridor K Biological Surveys (PIN #102420.00) | Polk County, Tennessee | Biologist Virginia; and Stillwater and Ohio rivers in Ohio. James organized and coordinated field investigations for the northern pine snake, bats, and terrestrial snails for the EDUCATION Corridor K project. In addition, he conducted most of the survey effort for the northern pine snake, and prepared MS, Biology, Coursework Completed, Eastern Kentucky and/or reviewed all of the final reports, including two University, Richmond, Kentucky, 1995 reports prepared by sub-consultants for terrestrial snails BS, Biology, Morehead State University, Morehead, and crayfish. James attended several meetings and Kentucky, 1992 provided GIS information to other sub-consultants involved on the project. To successfully complete this CERTIFICATIONS & TRAINING project he had to coordinate field investigations with the Indiana Bat & Coal Mining Interactive Forum/Training, U.S. Forest Service and numerous private property Office of Surface Mining, Louisville, Kentucky, 2004 owners within the project corridor.

* denotes projects completed with other firms ENDANGERED SPECIES/SPECIES AT RISK Tennessee Department of Transportation State Route 63 ASSESSMENTS Roadway Improvement Project Endangered Bat Survey | Campbell and Scott Counties, Tennessee | Senior U.S. Army Corps of Engineers – Endangered Bat Survey Biologist for Stone Lake Portion of Pool 12 Habitat Rehabilitation and Enhancement Project, Mississippi River | Jo Daviess During 2013, James organized, coordinated, and County, Illinois | Senior Biologist completed field investigations for the endangered Indiana bat at 23 sites along 17-mile long proposed highway During 2014, James conducted acoustical and mist net improvement corridor in mountainous portion of Campbell surveys, and radio-tracked northern long-eared bats and Scott Counties. He had to coordinate the effort with (Myotis septentrionalis) to roosts for the USACE Rock Tennessee Wildlife Resources Agency’ Royal Blue Island District at Stone Lake. He completed mist net Wildlife Management Area staff and provided guidance to surveys on two consecutive nights resulting in the four Stantec crews while completing acoustical and mist capture of 121 bats, representing five species. He fitted net surveys for bats. His team captured no endangered one northern long-eared bat with a radio-transmitter and bats, but documented bat use of several bridges. James tracked it to two different day roost. A final report was prepared a final report and submitted to TDOT. The prepared and submitted to agencies USFWS concurred with his final determination of “May Tennessee Department of Transportation Interstate 40 Affect – Not Likely to Adversely Affect” for endangered “Truck Climbing Lane” Endangered Bat Survey | Hickman bats. County, Tennessee | Senior Biologist Tennessee Department of Transportation State Route 76 During 2014, James managed and conducted bat Bridge Replacement over Hatchie River Endangered Bat surveys for the 2.9-mile long I-40 “Truck Climbing Lane” Surveys | Haywood County, Tennessee | Senior Biologist project near Mile Marker 161 in Hickman County, During 2014, James had to obtain a “Special Use” permit Tennessee. His team conducted mist net surveys at four from the Hatchie River National Wildlife Refuge to conduct sites for endangered bats. Fourteen bats representing bat surveys for the State Route 76 bridge replacement five species were captured during mist net survey efforts. over the Hatchie River. He managed and conducted a Three federally endangered gray bats were captured. mist net survey for endangered bats for a bridge James prepared a final report and submitted to TDOT. replacement project near Brownsville, TN. James The USFWS concurred with his final determination of conducted mist net surveys at one site and visual surveys “May Affect – Not Likely to Adversely Affect” for the at four bridges for endangered bats. Seven bats endangered bats. representing four species were captured during mist net Tennessee Department of Transportation Interstate 69 survey efforts, and one Rafinesque’s big-eared bat was Endangered Bat Survey, Union City | Obion County, found under a bridge. James prepared a final report and Tennessee | Senior Biologist submitted to TDOT. The USFWS concurred with his final determination of “May Affect – Not Likely to Adversely During 2014, James managed and conducted a mist net Affect” for the endangered bats. survey for endangered bats along a 2.9-mile long road project near Union City, TN. He conducted mist net Tennessee Department of Transportation State Route 311 surveys following the 2014 Range-wide Indiana Bat Highway Improvement Project Endangered Bat Survey | Survey Guidelines at three sites along the project Bradley County, Tennessee | Senior Biologist corridor. James captured no endangered bats. He During the summer of 2013, James organized, managed, prepared a final report and submitted to TDOT. The and conducted field investigations for the endangered USFWS concurred with his final determination of “May Indiana bat for TDOT’s SR-311 Highway Improvement Affect – Not Likely to Adversely Affect” for the project in Bradley County, Tennessee. He conducted endangered bats. habitat assessments, acoustic and mist net surveys for Tennessee Department of Transportation State Route 15 the endangered Indiana bat at two sites. In addition, Endangered Bat Survey | Hardin County, Tennessee | James completed technical review on the final report and Senior Biologist submitted it to agencies for final approval. During 2014, James managed and conducted a mist net Indiana Bat and Virginia Big-eared Bat Summer Survey survey for endangered bats for a 5.7-mile long road for a Southwestern Virginia Wind Development Project | project in Hardin County, Tennessee. His team Southwestern, Virginia | 2011 conducted mist net surveys following the 2014 Range- Mr. Kiser selected and completed mist net surveys at 15 wide Indiana Bat Survey Guidelines at nine sites along sites for the endangered bats in southwestern Virginia. the project corridor. His team captured 185 bats He personally completed 12 nights of the sampling effort. representing six species, including 33 federally Summer field investigations resulted in the capture of 382 endangered gray bat and five proposed endangered bats, representing seven species. northern long-eared bats. A final report was prepared and submitted to TDOT. The USFWS concurred with his final determination of “May Affect – Not Likely to Adversely Affect” for the endangered bats.

* denotes projects completed with other firms Indiana Bat Survey for Tennessee Department of New York State Department of Transportation’s Fort Drum Transportation’s SR-40 Bridge Replacement over a CSX Connector Route Indiana Bat Biological Assessment | Railroad | Polk County, Tennessee (PIN # 115685.00; Jefferson County, New York P.E. # 70004-0299-94) During 2007, James organized, coordinated, completed During the summer of 2012, James was asked by TDOT field investigations for the endangered Indiana bat (Myotis to prepare a mist net survey plan to determine if the sodalis), and prepared a Biological Assessment for New Indiana bat was present within a proposed bridge York State Department of Transportation and Federal replacement project located between the Cherokee Highway Administration’s Fort Drum Connector Route National Forest and Ducktown, TN. He prepared and (Northern Alternative #4).. He was the lead biologist and submitted a survey plan to TDOT & USFWS to conduct responsible for attaining all necessary components of the mist net and acoustical surveys for bats, and received project to satisfy Section 7 of the Endangered Species Act approval. James conducted surveys at one site and (ESA). He located, assessed, and completed summer failed to document the Indiana bat. However, he did mist net surveys for the Indiana bat at seven sites along capture ten bats, representing three species within the the 4.3 mile corridor following the USFWS’s project area. James prepared a final report and recommended surveying guidelines. In addition, he submitted to TDOT. The USFWS concurred with his final implemented a radio-telemetry study to locate roosting determination of “May Affect – Not Likely to Adversely bats and collect important life history information to assist Affect” for endangered bats. with the preparation of a Biological Assessment. Field investigations resulted in the capture of five Indiana bats Endangered Bat Survey for Tennessee Department of and located 13 roost trees along the project corridor. He Transportation’s State Route 6 Highway Improvement assisted NYSDOT and FHWA with developing project Project | Williamson County, Tennessee (PIN # conservation measures that would reduce impacts on the 105717.00; P.E. # 94004-1227-04) endangered bat in an attempt to attain a “May Affect – not During the summer of 2012, James managed and likely to adversely affect” finding for the project. James conducted a mist net survey for endangered bats for a assisted NYSDOT and FHWA with obtaining the first 2.3 mile road project in Brentwood, Tennessee. He had Incidental Take Permit (ITP) on a New York to mobilize and complete the survey effort rapidly Transportation project. because it was requested near the end of the survey E.W. Brown Ash Pond Biological Assessment for Gray season. James was responsible for erecting mist nets Bat | Mercer County, Kentucky and acoustical bat detectors and removing, identifying, and processing bats captured in mist nets. No James coordinated and conducted field investigations for endangered bats were captured and only 6 bats, determining the extent of gray bat use of an existing fly representing two species were documented within the ash pond in Mercer County, Kentucky. After confirming urban corridor. He prepared a final report and submitted the occurrence of gray bats at the facility, James worked to TDOT. The USFWS concurred with his final with other risk assessment scientists to secure fish tissue determination of “May Affect – Not Likely to Adversely samples and water samples for analytical analysis for Affect” for the endangered bats. metals in the water that may affect gray bats drinking water, food source, and general environment. North Carolina Department of Transportation’s U.S. 221 Bioaccumulation in this endangered species was the Widening Project Bat Survey | Ashe and Watauga primary concern. After a thorough analysis and literature Counties, North Carolina | Senior Biologist review, James in cooperation with USFWS, prepared a During summer 2015, James managed and conducted a Biological Assessment and found that the analysis mist net survey for the endangered Indiana bat (Myotis supported a “may affect, not likely to adversely affect” sodalis) and threatened northern long-eared bat (M. determination thus avoiding formal consultation. septentrionalis) at two locations (R-2519D and R-2519C) Indiana Bat & Northern Long-eared Bat Survey for Virginia as identified by NCDOT between the communities of Department of Transportation’s US-11 Bridge Baldwin and Fleetwood, North Carolina. Eleven bats Replacement over Cedar Creek | Shenandoah and representing three species were captured during survey Warren Counties, Virginia | 2015 efforts. James completed QA/QC of the final report, which was prepared following NCDOT’s report template. During the summer of 2015, Mr. Kiser prepared and implemented a survey plan to determine if the Endangered Species Survey for Kinder Morgan’s endangered Indiana bat (Myotis sodalis) and/or Marcellus Lateral Pipeline | Northern Ohio | Senior threatened northern long-eared bat were present at a Biologist bridge replacement location on US-11 over Cedar Creek James was part of a multi-team effort to conduct surveys in northern Virginia. He prepared and submitted a survey for the federally endangered Indiana bat along a plan to VDOT, USFWS, & VDGIF to conduct mist net proposed pipeline from Monroe County to Lucas County, surveys for bats, and received approval. Mr. Kiser Ohio. James was the field leader responsible for conducted surveys at one site and failed to document the organizing and completing endangered bat surveys at Indiana bat or northern long-eared bat. In addition, he more than 50 sites. He also conducted jurisdictional completed an assessment of the existing concrete bridge waters determinations and assisted with other rare and determined the species of bat day and night roosting species surveys. under the structure were big brown bats (Eptesicus fuscus). Mr. Kiser prepared a final report and submitted to VDOT.

* denotes projects completed with other firms U.S. Army Corps of Engineers – Beaver Island Habitat North Carolina Department of Transportation’s Idols Road Rehabilitation and Enhancement Project Indiana Bat and Northern Long-eared Bat Survey | Forsyth County, North Northern Long-eared Bat Survey and Radio-telemetry Carolina | Senior Biologist Study | Clinton County, Iowa | Senior Biologist During summer 2015, James managed and conducted a During 2015, James performed habitat assessments, mist net survey for threatened northern long-eared bats conducted acoustical and mist net surveys, and radio- for an endangered bats for a 1.9 mile long urban road tracked northern long-eared bats (Myotis septentrionalis) near Clemmons, a suburb of Winston-Salem, North to roosts for the USACE Rock Island District on a 61.8 Carolina. His team conducted mist net surveys for bats at acre site. His team deployed acoustical detectors at five 2 sites along the project corridor. In addition, James sites identified as potential Indiana bat (M. sodalis) completed bat habitat assessments at two bridges within and/or northern long-eared bat foraging areas. His team the project corridor to determine if bats used the completed analysis of acoustical data using various filters structures for roosting. Twenty-five bats representing that identify echolocation calls similar to those produced three species were captured during survey efforts. James by the Indiana bat and/or northern long-eared bat. James completed QA/QC of the final report which was prepared and his team completed mist net surveys three following NCDOT’s report template. consecutive nights resulting in the capture of 190 bats, representing seven species, and including 14 federally Endangered Bat Survey for Tennessee Department of threatened northern long-eared bats. He fitted three Transportation’s State Route 60 Bridge Replacement over northern long-eared bats captured with radio-transmitters Brush Creek | Polk County, Tennessee (PIN # 115684.00; that were tracked to five different day roost. Emergence P.E. # 70006-0240-94) counts identified 19 individual bats using a single tree. He During the summer of 2012, James was asked by TDOT QA/QC the final report for submittal to agencies. to prepare a mist net survey plan to determine if the Tennessee Department of Transportation Interstate 40 Indiana bat was present within a proposed bridge “Truck Climbing Lane” Endangered Bat Survey | Benton replacement project near Ducktown, Tennessee. He County, Tennessee | Senior Biologist prepared and submitted a survey plan to TDOT & USFWS to conduct mist net and acoustical surveys for bats, and During 2014, James had to obtain a “Special Use” permit received approval. James conducted surveys at one site from the Tennessee River National Wildlife Refuge to and failed to document the Indiana bat. However, he did conduct bat surveys for the 1.2-mile long I-40 “Truck capture seven bats, representing three species within the Climbing Lane” project near Mile Marker 133 in Benton project area. James prepared a final report and submitted County, Tennessee. He managed the project and to TDOT. The USFWS concurred with his final conducted mist net surveys at two sites for endangered determination of “May Affect – Not Likely to Adversely bats. Twelve bats representing three species were Affect” for the endangered bats. captured during mist net survey efforts. No endangered bats were captured. James prepared a final report and U.S. Army Corps of Engineers - Huron Island Complex submitted to TDOT. The USFWS concurred with his final Habitat Rehabilitation and Enhancement Project Indiana determination of “May Affect – Not Likely to Adversely Bat Survey and Radio-telemetry Study | Des Moines Affect” for the endangered bats. County, Iowa | Senior Biologist Summer Mist Netting Survey for the Federally During 2012, James performed habitat assessments, Endangered Indiana Bat (Myotis sodalis) along the conducted acoustical and mist net surveys, and radio- Proposed Volkswagen Plant SIA | Chattanooga, tracked Indiana bats (Myotis sodalis) to roosts for the Tennessee USACE Rock Island District on a 160 acre site. He deployed acoustical detectors at nine sites identified as During the summer of 2012, James organized, managed, potential Indiana bat foraging areas. Completed analysis and conducted field investigations for the endangered of acoustical data using various filters that identify Indiana bat along approximately 2.4 kilometers of echolocation calls similar to those produced by the proposed State Industrial Access Road to the Indiana bat. James completed mist net surveys three Chattanooga Volkswagen Plant, Hamilton County, consecutive nights resulting in the capture of 132 bats, Tennessee. He was responsible for preparing and representing six species. He fitted three Indiana bats obtaining quick approval on the survey plan and leading captured with radio-transmitters that were tracked to four a team in conducting Indiana bat mist net and acoustical different day roost. Emergence counts identified 44 bat surveys at three sites. He captured no endangered individual bats using a single tree, including both of the bats. James prepared a final report and submitted to females captured during this survey. Prepared final report TDOT. The USFWS concurred with his final for submittal to agencies. determination of “May Affect – Not Likely to Adversely Affect” for the endangered bats.

* denotes projects completed with other firms U.S. Army Corps of Engineers - Indiana Bat (Myotis Endangered Species Habitat Assessment and Wetland sodalis) Survey for Pool 12 Habitat Rehabilitation and Delineations at Four Cincinnati Gas and Electric Enhancement Project | Mississippi River, Jo Daviess Generation Stations* | Kentucky and Ohio | Biologist County, Illinois | Senior Biologist James conducted jurisdictional waters delineations and During 2012, James performed habitat assessments and habitat evaluations for federally endangered species at conducted acoustical surveys at three widely separated four different properties (Beckjord, East Bend, islands on the Mississippi River. He also conducted mist Woodsdale, and Zimmer Electric Generating Stations) for net surveys at one of the sites as directed by USACE for Cincinnati Gas & Electric Company. He coordinated the three nights. Survey effort failed to document the Indiana projects with State Natural Heritage Programs to obtain all bat on the northern edge of the species range. James known records for state and federal listed plants and prepared a detailed report containing the results from all animals. In addition, he completed habitat assessments of the field investigations for USACE’s submittal to state and delineated all potential habitats for listed species. and federal agencies. James produced a final written report for each facility that included GIS mapping of all jurisdictional waters and Endangered Bat Survey - Monongahela National Forest endangered species habitat. Indiana Bat Survey* | West Virginia | Biologist Endangered Species Habitat Assessment and During the summer of 1999, James was the project Jurisdictional Waters Delineation For Enron's Peaking manager responsible for selecting areas providing Electric Generating Station* | Marshall County, Kentucky | potential habitat for the Indiana bat and conducting mist Biologist net surveys within proposed timber harvest areas at six widely scattered locations on the Monongahela National James completed jurisdictional waters determination and Forest. Working closely with the U.S. Forest Service, habitat evaluation for federally endangered species at U.S. Fish and Wildlife Service (West Virginia Field three sites, totaling 126 acres, proposed as peaking- Office), and West Virginia Department of Natural electric generating stations. These sites were strategically Resources, this effort resulted in the documentation of located where natural gas pipelines and Electric more than of 479 bats, including one endangered Indiana Transmission Lines intersected. Field investigations bat. identified two small wetlands and several jurisdictional, intermittent streams. James coordinated a site visit with Habitat Assessment for Endangered Bats at Virginia Kentucky Division of Water and USACOE Nashville Field Department of Transportation’s Proposed US-121 Project Office to discuss permitting requirements. | Wise, Dickenson, and Buchanan Counties, Virginia | 2015 Waters Delineation for Enron's Peaking Electric Generating Station* | Weakley County, Tennessee | During the winter of 2015, James completed an Biologist endangered bat habitat assessment along 4 proposed alternatives for the US-121 project, also known as the James completed jurisdictional waters determination and Coalfields Expressway. The assessment focused habitat evaluation for federally endangered species at a primarily on abandoned mine portals. He conducted 63-acre site in Weakley County, Tennessee. The site was portal surveys for potential winter and summer habitat for evaluated for its suitability for a peaking-electric the northern long-eared bat, Indiana bat, gray bat, and generating station and strategically located where natural the Virginia big-eared bat from January 12 through gas pipelines and electric transmission lines intersected. February 2. A total of 69 potential mine portal locations Field investigations identified two wetlands totaling 17.07 were evaluated. Data collected for evaluation of acres and a 1,500-foot wet weather conveyance ditch. suitability for bats included the type of opening, James coordinated a site visit with the agencies to prove dimensions of opening and internal passage, slope from the wet weather conveyance ditch was not a jurisdictional entrance, stability, presence and direction of airflow, waterway. He prepared a jurisdictional waters internal temperature, ceiling condition, obstructions, and determination report and obtained concurrence from the evidence of flooding. James prepared a final report USACOE Memphis Field Office and Tennessee Water discussing the results of the assessment. Quality and Pollution Control.

Virginia DOT’s U.S Route 460 Wasting Site Indiana Bat Moss Survey of Rock Creek Research Natural Area* | Survey | Buchanan County, Virginia | 2007 Daniel Boon National Forest, Laurel County | 1992 | Biologist Mr. Kiser selected and completed mist net surveys at a proposed wasting site connected to realignment of U.S. James conducted a survey for mosses within the cliff Route 460 for the endangered Indiana bat in bound Rock Creek Research Natural Area on the London southwestern Virginia. He captured, identified, and Ranger District, Daniel Boone National Forest. He processed all bats during surveying efforts. Summer field collected and identified moss specimens in an attempt to investigations resulted in the capture of 19 bats, better understand the distribution of this rarely studied representing six species, including the state endangered group of plants. Survey efforts documented 55 species of eastern small-footed bat. Mr. Kiser consolidated and moss, and three new locations for a state rare vascular organized collected data and prepared a final report for plant, Lucy Braun’s white snakeroot. submittal to State and Federal agencies. ESA issues and to support required NEPA documents.

* denotes projects completed with other firms Field Survey for Federally Endangered Plants and Bats Endangered Animal Survey for Cincinnati Gas & Electric’s for Numerous Water Line Corridors* | Edmonson, Kentucky Gas Storage Project* | Eastern Kentucky | 1993 Grayson, Heart and Warren Counties, Kentucky | 1998 | | Biologist James coordinated and conducted field Botanist investigations for State and Federal listed animals along a 74-mile long natural gas pipeline and associated gas James conducted field investigations for the federally storage field in eastern Kentucky, including large portions endangered Price’s potato bean (Apios priceana) and on the Daniel Boone National Forest. His field federally threatened Eggert’s sunflower (Helianthus investigations focused on walking the entire project in eggertii) along 15 widely separated water line corridors, search of limestone caves and sandstone rock shelters totaling 11.85 miles, in Central Kentucky. He found no that could provide habitat for listed bats (Indiana, Virginia populations of rare plants along any of the proposed big-eared, eastern small-footed, Rafinesque’s big-eared) water line corridors. and Allegheny woodrat. James conducted trapping and Rare Specifies Habitat Assessment for Rehabilitation of mist net surveys within the corridor during the summer Kentucky River Lock and Dam No. 3 and 4* | Henry, and completed visual surveys of all rockshelters and Owen, and Franklin Counties, Kentucky | 2008 | Biologist caves during the summer and winter. He completed 27 net nights of mist net surveys and captured a single James coordinated the Kentucky River Authority’s (KRA) endangered Virginia big-eared bat. Cave surveys during Lock and Dam No. 3 and 4 rehabilitation projects with the the summer and winter documented several sites used by U.S. Fish and Wildlife Service, Kentucky Department of Virginia and Rafinesque’s big-eared bats. In addition to Fish and Wildlife Resources, and Kentucky State Nature endangered species surveys, James completed trapping Preserves Commission to determine if any listed species and search and seize surveys for state listed small occurred within the projects construction limits. It was mammals (mice, shrews, voles, and moles) and reptiles determined from these consultations that five federally and amphibians. These surveys were required by listed species, including the Indiana bat (Myotis sodalis), Kentucky Department of Fish and Wildlife Resources, gray bat (Myotis grisescens), Braun’s rock-cress (Arabis U.S. Fish and Wildlife Service, and U.S. Forest Service – perstellata), running buffalo clover (Trifolium Daniel Boone National Forest prior to construction of the stoloniferum), and globe bladderpod (Lesquerella gas storage project. globosa) occurred near the projects. James completed field investigations at both project locations to determine Bat Population Monitoring in Cherokee National Forest* | if habitat was present for three listed plants and two Tennessee | 1999 | Biologist endangered bat species. He identified potential habitat James completed mist net surveys and winter hibernacula for Braun’s rock-cress and globe bladderpod on KRA’s surveys, respectively, in the Cherokee National Forest in property. However, habitat mapping showed these sites eastern Tennessee. He personally completed mist net to be outside the project construction limits. He also surveys at seven of the 13 sites, and completed identified potential summer habitat for the Indiana bat. hibernacula surveys at one cave and one mine. Mist net James prepared a detailed habitat assessment report surveys resulted in the capture of 100 bats, representing and was successful at receiving agency concurrence on eight species, including eight, endangered gray bats the findings. (Myotis grisescens). Hibernacula surveys documented ENDANGERED SPECIES ACT ASSESSMENTS only 128 bats, representing only two common species. Camp Dawson Collective Training Facility’s Critical Bat Population Monitoring in Monongahela National Fauna Survey* | Preston County, West Virginia | 2002 | Forest* | West Virginia | 1999 | Biologist Biologist James was the Project Manager responsible for selecting James was the lead field investigator to survey the 4,125 areas providing potential habitat for the Indiana bat and acre Camp Dawson Army Training Site for the conducting mist net surveys within proposed timber endangered Indiana bat. He located 15 sites and harvest areas at six widely scattered locations in the conducted mist net surveys at five sites and helped Monongahela National Forest. Working closely with the organize field data for report preparation. The survey US Forest Service, US Fish and Wildlife Service (West efforts captured 91 bats representing six species, Virginia Field Office), and West Virginia Department of including the state rare eastern small-footed bat. Results Natural Resources, this effort resulted in the from survey were presented in a final report and documentation of more than of 479 bats, including one submitted to West Virginia Army National Guard, and endangered Indiana bat. eventually published in the West Virginia Academy of Virginia DOT’s U.S Route 460 Wasting Site Indiana Bat Science. Survey | Buchanan County, Virginia | 2006 | Biologist New Creek Mountain Wind Development Spring Bat James selected and completed mist net surveys at a Survey | Grant and mineral Counties, West Virginia | proposed wasting site connected to realignment of U.S. 2008 | Biologist Route 460 for the endangered Indiana bat in James selected and completed mist net surveys at 12 southwestern Virginia. He captured, identified, and sites for migrating bats in northern West Virginia. He processed all bats during surveying efforts. Summer field personally completed 12 nights of the sampling effort. investigations resulted in the capture of 19 bats, Field investigations resulted in the capture of 85 bats, representing six species, including the state endangered representing six species and including 34 state rare eastern small-footed bat. James consolidated and eastern small-footed bats (Myotis leibii). organized collected data and prepared a final report for submittal to State and Federal agencies.

* denotes projects completed with other firms KY Transportation Cabinet’s SR-7 Wasting Site Spring Indiana Bat Summer Survey for a North-central Emergence Indiana Bat Survey | Perry County, Kentucky Pennsylvania Wind Development Project | 2008 | Biologist | 2007 | Biologist James selected and completed mist net surveys at 21 James prepared a survey plan to assess the use of four sites for the endangered Indiana bat in north-central abandoned underground mine openings, obtained Pennsylvania. He personally completed 32 nights of the approval of the plan from U.S. Fish and Wildlife Service, sampling effort. Summer field investigations resulted in and implemented survey methodology to determine if the the capture of 525 bats, representing seven species. federal endangered Indiana bat hibernates within the James consolidated and organized collected data and mines. He completed 10 nights of surveying effort from prepared a final report for submittal to State and Federal the end of March through the middle of May at all four agencies. mines. He identified and processed all bats captured, including the attachment of uniquely numbered bands to Indiana Bat Summer and Fall Survey for a Southwestern each bat’s forearm, so recaptures could be determined. Pennsylvania Wind Development Project | 2009 | Biologist Field investigations resulted in the capture of over 60 James selected and completed mist net surveys at 18 bats, representing five species including the state sites for the endangered Indiana bat in southern endangered eastern small-footed bat. James Pennsylvania. He personally completed 14 nights of the consolidated and organized collected data and prepared sampling effort. No state or federally endangered bats a final report for submittal to the U.S. Fish and Wildlife were captured during summer field investigations. James Service. also completed a Phase 1 hibernacula survey and located Buckeye Wind Development Autumn Indiana Bat and assessed two abandoned coal mine portals as Swarming Survey | Champaign and Logan Counties, potential winter habitat for the Indiana bat. Ohio | 2008 | Biologist Beckley Bypass Mine Portal Assessment for Potential James used harp traps to capture swarming bats at two Summer Habitat of Endangered Bats | Raleigh County, small cave entrances near an area proposed for wind West Virginia | 2009 | Biologist energy development. He captured and processed more James conducted mist net surveys of a mine portal in than 750 bats, representing four species, during four order to determine if the Indiana bat and/or Virginia big- nights of sampling effort. eared bat used the portal as bachelor, or maternity roost, Cherokee Indian Reservation Soco Creek Sewer Line respectively. Investigations resulted in several project Extension Indiana Bat Survey | Jackson County, North design changes to protect the mine opening to minimize Carolina | 2008 | Biologist any affects to the Indiana bat and Virginia big-eared bat. Only non-listed species were captured during the James selected and completed mist net surveys at seven investigations. sites along US Route 19 and Soco Creek within the reservation. He personally completed six nights of the Fort Drum Connector Route Indiana Bat Monitoring | sampling effort. Field investigations resulted in the Jefferson County, New York | 2009 | Biologist capture of 52 bats, representing seven species and James organized, coordinated, and completed field including five eastern small-footed bats (Myotis leibii), a investigations for the endangered Indiana bat (Myotis species listed as Special Management Concern by North sodalis) as part of the requirements outlined in New York Carolina Division of Wildlife. State Department of Transportation and Federal Highway Spice Creek Surface Mine Indiana Bat Survey | Administration’s Incidental Take Permit for the McDowell County, West Virginia | 2008 | Biologist construction of Fort Drum Connector Route. He was the lead biologist and responsible for attaining all necessary James selected and completed mist net surveys at two components of the project to satisfy the USFWS sites within a proposed 110-acre surface coal mining site monitoring requirements. He relocated, assessed, and in southern West Virginia. Field investigations resulted in completed summer mist net surveys for the Indiana bat at the capture of 18 bats, representing four species and four of the seven sites previously sampled following the including three state rare eastern small-footed bats USFWS’s recommended surveying guidelines. Unlike the (Myotis leibii). previous survey completed in 2007, field investigations failed to capture the Indiana bat within the project corridor. Autumn Bat Mist Net Survey for a Northern West Virginia James statistically analyzed bat capture data and Wind Development Project | 2008 | Biologist prepared a draft Indiana bat monitoring report for James selected and completed mist net surveys at 11 submission to agencies. sites for migrating bats in northern West Virginia. He personally completed 13 nights of the sampling effort. Field investigations resulted in the capture of 62 bats, representing five species. James consolidated and organized collected data and prepared a final report for submittal to State and Federal agencies.

* denotes projects completed with other firms East Resource’s 18.5-mile Long Gas Pipeline Corridor I-40 Interchange at Oneil Road Endangered Bat Surveys | Indiana Bat Survey | Bradford and Lycoming Counties, Cocke County, Tennessee | 2011 | Biologist Pennsylvania | 2009 | Biologist James managed and conducted a mist net survey for James selected and completed mist net surveys at 20 endangered bats for an interchange project along sites for the endangered Indiana bat on East Resources Interstate 40 near Newport, TN. He conducted mist net 18.5-mile long natural gas pipeline near Troy, and acoustical surveys for endangered bats at two sites Pennsylvania. No state or federally endangered bats along the project corridor. Thirty-one bats representing six were captured during summer field investigations. He species, including 12 federally endangered gray bats, coordinated the survey with USFWS and PGC, were captured during survey efforts. James prepared a completed surveys, prepared and submitted final report final report and submitted to TDOT. The USFWS to the agencies within 45 days of being awarded the concurred with his final determination of “May Affect – Not project. This streamlined process allowed the client to Likely to Adversely Affect” for the endangered bats. meet their construction deadlines by receiving a “May affect – not likely to adversely affect” determination from I-40 Connector Roads, SR-32 and SR-73, Endangered the USFWS for the endangered Indiana bat. Bat Surveys | Cocke County, Tennessee | 2011 | Biologist Kentucky Department of Fish and Wildlife Resources James managed and conducted a mist net survey for Hibernacula Census | Eastern Kentucky | 2011 | Biologist endangered bats for a 4.0 mile connector road project along Interstate 40 near Newport, TN. His team James conducted winter bat counts at 10 different conducted mist net and acoustical surveys for hibernacula in numerous eastern Kentucky counties. endangered bats at 4 sites along the project corridor. During this effort, he identified and counted Twenty-four bats representing five species, including the approximately 10,000 bats, including the Indiana bat federally endangered gray bat, were captured during (Myotis sodalis) and Virginia big-eared bat (Corynorhinus survey efforts. James prepared a final report and townsendii virginianus). submitted to TDOT. The USFWS concurred with his final determination of “May Affect – Not Likely to Adversely Kentucky Department of Fish and Wildlife Resources Affect” for the endangered bats. Winter Virginia Big-eared Bat Winter Census at Stillhouse Cave | Lee County, Kentucky | Biologist SR-126 (Memorial Boulevard) Endangered Bat Surveys | Sullivan County, Tennessee | 2011 | Biologist Every other year for the past eight winters, James has conducted winter census at Kentucky’s largest Virginia James managed and conducted a mist net survey for big-eared bat (Corynorhinus townsendii virginianus) endangered bats for a 8.4 mile road project near hibernaculum. He was responsible for correct Kingsport, TN. His team conducted mist net and identifications and population estimates of large clusters acoustical surveys for endangered bats at six sites along of bats. the project corridor. James and his team captured two endangered gray bats at one site. He prepared a final American Electric Power’s Conesville Plant 5 Points AML report and submitted to TDOT. The USFWS concurred Reclamation Project Indiana Bat Survey | Coshocton with his final determination of “May Affect – Not Likely to County, Ohio | 2011 | Biologist Adversely Affect” for the endangered bats. James selected and completed mist net surveys at one Little Swan Creek Stream Restoration Endangered site within a proposed 52-acre proposed reclamation site Species Surveys | Lewis County, Tennessee | 2011 | in east-central Ohio. No endangered bats were captured. Biologist However, field investigations resulted in the capture of 14 bats, representing four species. A final report was James conducted field investigations to identify wetlands, prepared within seven days and submitted to the streams, potential endangered species habitat, and other agencies for quick approval, so time-sensitive deadlines unique natural features along a 2,500-foot long section of could be honored by the client. Little Swan Creek. This section of stream is proposed as a mitigation site due to impacts from construction of SR-99. Indiana Bat and Virginia Big-eared Bat Summer Survey He used these results along with fish data collected from for a Southwestern Virginia Wind Development Project | the stream to assist in preparing an Ecology Report. 2011 | Biologist Habitat data collected for the Indiana bat along with James selected and completed mist net surveys at 15 project construction time-lines required James to prepare sites for the endangered bats in southwestern Virginia. a mist net survey plan to determine if the bat was present. He personally completed 12 nights of the sampling effort. He submitted the survey plan to TDOT and USFWS and Summer field investigations resulted in the capture of 382 received approval to conduct mist net and acoustical bats, representing seven species. surveys for bats. The survey resulted in the capture of many endangered gray bats. James prepared a final report that determined the project was Not Likely to Adversely Affect the Indiana or gray bat and received concurrence on his determination from the USFWS.

* denotes projects completed with other firms SR-266 Endangered Bat Surveys* | Rutherford County, US 231 Realignment Endangered Species Study* | Tennessee | 2011 | Biologist Spencer County, Indiana | 2001 | Biologist James managed and conducted a mist net survey for James conducted a presence / absence mist-net survey endangered bats for a 4.1 mile road project near Smyrna, for the endangered Indiana bat, as part of a proposed TN. He conducted mist net and acoustical surveys for project to realign a section of U.S. Route 231 in Spencer endangered bats at 6 sites along the project corridor. County, Indiana. Not only was an active habitat found, James and his team captured three endangered gray netting captured two actively reproductive female Indiana bats at two sites on U.S. Army Corps of Engineers bats, necessitating an informal consultation with the U.S. property adjacent to Percy Priest Reservoir. He prepared Fish and Wildlife Service (Bloomington Field Office) to a final report and submitted to TDOT. The USFWS determine the accepted realignment corridor and ensure concurred with his final determination of “May Affect – protection of the species native habitat. Not Likely to Adversely Affect” for the endangered bats. Pine Mountain Wildlife Management Area* | Letcher SR-35 Endangered Bat & Mussel Surveys | Greene County, Kentucky | 2003 | Biologist County, Tennessee | 2011 | Biologist As part of a proposed 1.5 mile natural gas pipeline James organized, coordinated, and completed field construction project, Columbian Natural Resources was investigations for the endangered Indiana bat, gray bat, asked by the Kentucky Department of Fish and Wildlife and numerous species of freshwater mussels for TDOT’s Resources (KDFWR) to conduct a survey of threatened SR-35 project from the Cocke County Line east to Bright and endangered species that might reside along the Hope Road. He conducted mist net and acoustical proposed construction corridor. During the survey, mist surveys for endangered bats at 6 sites along the 3.9 mile nets were employed to screen for the presence of section of road and used diving and snorkeling to survey endangered bats and pitfall trapping was utilized for for endangered mussels along seven transects in the amphibians and small mammals with search and seize Nolichucky River at proposed crossing. He captured 23 surveys for reptiles and some amphibians in addition to endangered gray bats and located 10 species of point counts for breeding birds in the Pine Mountain freshwater mussels. He prepared a final report and Wildlife Management Area. submitted to TDOT. The USFWS concurred with his final determination of “May Affect – Not Likely to Adversely Autumn Bat Radio-Tracking Project - Daniel Boone Affect” for the endangered bats and mussels. National Forest* | Whitley City, Kentucky | 1994 | Biologist SR-35 Endangered Bat Surveys | Cocke and Jefferson During the autumns of 1994 – 1996, James captured Counties, Tennessee | 2011 more than 30 Indiana bats at two different cave entrances, attached radio-transmitters, and tracked them to day roost James managed and conducted a mist net survey for trees. This project provided the first information on endangered bats for a 3.8 mile road project. He had to Indiana bat autumn roosting and foraging habitat. mobilize and complete the survey effort rapidly because it was requested near the end of the survey season. He Bat Survey and Radio Telemetry Study* | Camp Atterbury, located several potential mist net sites spaced at Indiana | 1998 | Project Manager / Biologist appropriate distances as outlined in the 2007 Indiana bat James was the project manager responsible for selecting mist net guidelines. James was responsible for erecting areas providing potential habitat for the Indiana bat and mist nets and acoustical bat detectors and removing, conducting mist net surveys and radio-telemetry studies. identifying, and processing bats captured in mist nets. He He was responsible for attaching transmitters on bats and captured the federally endangered gray bat and prepared locating day roosts. During this project, James located a final report with a finding of “May Affect, not likely to the first night roost of Indiana bats underneath concrete adversely affect” the species. bridges. Chesapeake Midstream Development’s Panhandle Bat Population Monitoring - Wayne National Forest* | Natural Gas Line Indiana Bat Habitat Assessment* | Ohio Reynoldsburg, Ohio | 2000 | Biologist County, West Virginia | 2012 James selected areas providing potential habitat for the James organized, managed, and conducted a habitat Indiana bat and conducted mist net surveys and radio- assessment for the federally endangered Indiana bat telemetry studies to determine the species range and along 12.4 miles of proposed gas pipeline corridor in the habitat use on the Athens and Ironton Ranger Districts, panhandle region of West Virginia. He walked and Wayne National Forest, Ohio. Working closely with the evaluated the suitability of trees within a 100-foot wide USFWS (Reynoldsburg, Ohio Field Office), USFS, and corridor for this project. He determined if trees within the ODNR, this effort resulted in the capture of more than corridor could be potential habitat for the Indiana bat and 1,520 bats, including 15 Indiana bats. In addition, he then determined based on literature if each tree was a attached transmitters to captured Indiana bats and trained potential primary or secondary roost site. Approximately an Eastern Kentucky University graduate student in how 150 potential Indiana bat roost trees were identified to locate and evaluate roost trees. during survey efforts. He reviewed the final habitat assessment prior to submittal to U.S. Fish and Wildlife Service.

* denotes projects completed with other firms Bat Monitoring Green Mountain and Finger Lakes A Survey for Eastern Forest Bats on Green Mountain and National Forest* | Vermont, New York | 2004 | Biologist Finger Lakes National Forests, with Emphasis on the Federally Endangered Indiana Bat (Myotis sodalis). USDA James was the project manager responsible for selecting - Forest Service, Rutland, Vermont, 2001. areas providing potential habitat for the Indiana bat and conducting mist net surveys and radio-telemetry studies A Survey for Eastern Forest Bat Communities in the Lake to determine the species range and habitat use in these Champlain Valley, with Emphasis on the Federally two National Forests. Working closely with the U.S. Fish Endangered Indiana bat (Myotis sodalis). US Fish and and Wildlife Service (New England and New York Field Wildlife Service, 2002. Offices), U.S. Forest Service, Vermont Fish and Wildlife A Survey for Eastern Forest Bats in Dutton Brook Area on Department, and New York Department Environmental Green Mountain National Forest, with Emphasis on the Conservation, this effort resulted in the capture of more Federally Endangered Indiana Bat (Myotis sodalis). USDA than 1,200 bats, including more than 30 endangered - Forest Service, Green Mountain National Forest, 2003. Indiana bats. In addition, he used radio-telemetry to locate numerous Indiana bat roost trees, primarily in the Day-Roosts of Myotis leibii in the Appalachian Ridge and Lake Champlain Valley. Valley of West Virginia. Northeastern Naturalist, 2011. Endangered Bat Survey - Land Between the Lakes Food Habits of Myotis leibii in the Appalachian Ridge and National Recreation Area* | Kentucky, Tennessee | 2005 Valley of West Virginia. Northeastern Naturalist, 2012. | Biologist A Survey of the Amphibians and Reptiles of the Big South Fork National River and Recreation Area. US Department James organized, coordinated, and completed field of Interior - National Park Service, 2007. investigations for endangered bats, Indiana (Myotis sodalis) and gray (M. grisescens) bats, at Land Between Importance of Night Roosts to the Ecology of Bats. Johns the Lakes National Recreation Area (LBL), Kentucky and Hopkins University Press, 2007. Tennessee. He located, assessed, and completed Cooperative Inventory of Endangered, Threatened, summer mist net surveys for endangered bats at eight Sensitive, and Rare Species, Daniel Boone National widely separated sites. In addition, James conducted Forest, London Ranger District. Kentucky State Nature field investigation for bats in several abandoned Preserves Commission, 1994. buildings, cisterns, and wells. Summer field investigations resulted in the capture of over 100 bats, Cooperative Inventory of Endangered, Threatened, representing seven species including the endangered Sensitive, and Rare Species, Daniel Boone National gray bat. James consolidated and organized collected Forest, Redbird Ranger District. Kentucky State Nature data and submitted it to LBL’s biologists. Preserves Commission, 1993. PUBLICATIONS Cooperative Inventory of Endangered, Threatened, Sensitive, and Rare Species, Daniel Boone National A Status Survey for the Copperbelly Water Snake Forest, Morehead Ranger District. Kentucky State Nature (Nerodia erythrogaster neglecta) in Western Kentucky. Preserves Commission, 1992. US Fish and Wildlife Service, Fort Snelling, Minnesota, Bats of Camp Dawson, West Virginia: Relative 1994. Abundance, Habitat Use, and Periods of Activity. West Foraging Habitat, Food Habits, and Roost Tree Virginia Academy of Science, 2005. Characteristics of the Indiana Bat (Myotis sodalis) During A Survey for Endangered Freshwater Mussels (Bivalvia: Autumn in Jackson County, Kentucky. Kentucky Unionidae) in Licking River for State Route 22 Bridge at Department Fish and Wildlife Resources, 1996. Falmouth, Pendleton County, Kentucky. HMB Endangered Species Screening Study and Field Survey Professional Engineers, Inc. and Kentucky Transportation for the Cumberland Bean Pearlymussel (Villosa trabalis) Cabinet, 2003. for a Proposed Reservoir in Jackson County, Kentucky. Indiana Bat (Myotis sodalis) Mist Net Surveys for Coal Mangi Environmental Group, 1999. Mining Activities. Indiana Bat & Coal Mining: A Technical A Mist Net Survey and Radio-Telemetry Study for the Interactive Forum, US Department of Interior, Office of Federally Endangered Indiana Bat (Myotis sodalis) on the Surface Mining, 2004. Athens and Ironton Ranger Districts, Wayne National A Bryological and Zoological Survey of the Rock Creek Forest. USDA - Forest Service, Athens, Ohio, 1999. Research Natural Area in Laurel County, Kentucky. US A Survey for the Federally Endangered Indiana Bat Forest Service, Daniel Boone National Forest, 1993. (Myotis sodalis) on the Hiwassee, Nolichucky, Tellico, Use of Concrete Bridges as Night Roosts in South Central and Watauga Ranger Districts of Cherokee National Indiana. Bat Conservation International, 2002. Forest. USDA - Forest Service, Cleveland, Tennessee, 1999. A Mist Net Survey for the Federally Endangered Indiana Bat (Myotis sodalis) on the Athens and Ironton Ranger Districts, Wayne National Forest. USDA - Forest Service, Athens, Ohio, 2000.

* denotes projects completed with other firms NORTHERN LONG-EARED BAT (MYOTIS SEPTENTRIONALIS) MATERNITY ROOST STUDY LONG ISLAND, SUFFOLK COUNTY NY

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A.3 ROOST STUDY SITE MAPS

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Appendix B IMPLEMENTATION AGREEMENT