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Fort Drum Military Installation (2009)

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Fort Drum Military Installation (2009) BIOLOGICAL OPINION on the PROPOSED ACTIVITES ON THE FORT DRUM MILITARY INSTALLATION (2009-2011) FOR THE FEDERALLY-ENDANGERED INDIANA BAT (Myotis sodalis) in THE TOWNS OF ANTWERP, CHAMPION, LERAY, PHILADELPHIA, AND WILNA, JEFFERSON COUNTY AND THE TOWN OF DIANE, LEWIS COUNTY, NEW YORK Originally Submitted to the Army March 24, 2009 Revised June 1, 2009 Prepared by: Robyn Niver U.S. Fish and Wildlife Service New York Field Office 3817 Luker Road Cortland, NY 13045 (607) 753-9334 TABLE OF CONTENTS Page No. INTRODUCTION .......................................................................................................................... 1 CONSULTATION HISTORY ....................................................................................................... 1 BIOLOGICAL OPINION............................................................................................................... 3 DESCRIPTION OF THE PROPOSED ACTION .................................................................... 3 Project Description.............................................................................................................. 4 Proposed Activities .............................................................................................................7 A. Construction ............................................................................................................ 8 B. Forest Management............................................................................................... 17 C. Military training smoke and obscurants ............................................................... 24 D. Non-project Specific Conservation Measures........................................................ 27 Action Area....................................................................................................................... 31 STATUS OF THE SPECIES.................................................................................................. 34 Species Description........................................................................................................... 34 Listing Status .................................................................................................................... 34 Critical Habitat.................................................................................................................. 35 Recovery Plan Status ........................................................................................................ 35 Life History....................................................................................................................... 35 Status and Distribution...................................................................................................... 38 Rangewide Trend.............................................................................................................. 54 Analysis of the Species/Critical Habitat Likely to be Affected........................................ 55 ENVIRONMENTAL BASELINE.......................................................................................... 55 Status of the Species in New York ................................................................................... 55 Status of the Species within the Action Area.................................................................... 55 Winter Hibernation ..................................................................................................... 56 Spring/Summer............................................................................................................ 56 Non-reproductive Females and Males........................................................................ 65 Fall Swarming............................................................................................................. 65 Factors Affecting the Species’ Environment within the Action Area .............................. 66 EFFECTS OF THE ACTION................................................................................................. 66 Analyses of Effects of the Action ..................................................................................... 68 A. Construction ........................................................................................................... 68 B. Forest Management................................................................................................ 77 C. Military Training Smoke and Obscurants.............................................................. 79 CUMULATIVE EFFECTS .................................................................................................... 83 CONCLUSION....................................................................................................................... 84 INCIDENTAL TAKE STATEMENT.......................................................................................... 85 AMOUNT OR EXTENT OF TAKE ANTICIPATED........................................................... 85 EFFECT OF THE TAKE........................................................................................................ 86 REASONABLE AND PRUDENT MEASURES................................................................... 86 TERMS AND CONDITIONS ................................................................................................ 87 CONSERVATION RECOMMENDATIONS.............................................................................. 90 REINITIATION NOTICE............................................................................................................ 90 LITERATURE CITED ................................................................................................................. 93 APPENDICES APPENDIX A. Summary of activities proposed on Fort Drum that are not likely to adversely affect the Indiana bat. APPENDIX B. U.S. Fish and Wildlife Service. 2007. Indiana Bat (Myotis sodalis) Draft Recovery Plan: First Revision. U.S. Fish and Wildlife Service, Fort Snelling, MN. 258 pp. ii INTRODUCTION This document transmits the U.S. Fish and Wildlife Service's (Service) Biological Opinion (BO) based on our review of the U.S. Army Garrison at Fort Drum’s (Army) proposed activities (2009-2011) on the Fort Drum Military Installation (Fort Drum) located in the Towns of Antwerp, Champion, LeRay, Philadelphia, and Wilna, Jefferson County, and the Town of Diane, Lewis County, New York, and their effects on the Indiana bat (Myotis sodalis) in accordance with Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). The Army’s December 1, 2008, request for formal consultation was received on December 5, 2008, along with the Fort Drum, New York, Biological Assessment for the Indiana Bat (Myotis sodalis) 2009-2011 (U.S. Forest Service and U.S. Army 2008). The U.S. Forest Service (USFS) was contracted by the Army to assist with the development of the Biological Assessment (BA). The Service requested additional information during a January 15, 2009, conference call with the Army and USFS and received a revised BA (U.S. Forest Service and U.S. Army 2009) on February 5, 2009. Many activities that occur on Fort Drum also involve actions by other Federal agencies, such as the U.S. Army Corps of Engineers (Corps) engineering and construction, Corps Section 404 of the Clean Water Act permitting, and U.S. Air Force training. Other branches of the Armed Services or Federal agencies may also periodically conduct training on Fort Drum. In a letter dated August 23, 2006, Mr. James Corriveau, of the Army, stated that the Army will be the lead Federal agency for all projects on Fort Drum. Pursuant to that agreement under 50 CFR § 402.07, the Army is taking the consultation lead for this project. Other Federal agencies may contribute to a project that will result in adverse effects to a listed species. Any actions these other agencies are responsible for will be addressed in the Reasonable and Prudent Measures section. The Service intends to provide a copy of this BO to the Corps; the Army can provide copies to the other agencies to demonstrate that the Army has fulfilled its obligations to consult with the Service. This BO is based on information provided in the BA, numerous meetings, telephone conversations, and electronic mail exchanges among the Service, Army, and others. A complete administrative record of this consultation is on file at the Service’s Cortland, New York, Field Office. CONSULTATION HISTORY For several years prior to 2004, the Army sent letters to the Service requesting annual updates on potential listed species occurrences at Fort Drum. Each time the Service responded that “except for occasional transient individuals, no Federally listed or proposed endangered or threatened species under our jurisdiction are known to exist in the project impact area.” On May 24, 2004, the Service sent a letter to the Army stating that we were learning more about the Indiana bat’s summer activities in New York and we let the Army know that Indiana bats may occur on Fort Drum. On December 10, 2004, the Service received a letter from the Army requesting an annual update of potential listed species occurrences. On February 22, 2005, the Service responded by informing the Army that the Indiana bat may be present. On April 25, 2006, the Service received a letter from the Army recognizing its obligation to consult with the Service under Section 7(a)(2) of the Endangered Species Act of 1973 to ensure actions would not jeopardize the Indiana bat. On June 27, 2006,
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