Appendix E. Northern Long-eared Bat Acoustic Survey Report Pesi 843.01 ACOUSTIC SURVEYS FOR ENDANGERED BATS AT THE BEAR SWAMP PROJECT (FERC PROJECT NO. 2669) BERKSHIRE AND FRANKLIN COUNTIES, MASSACHUSETTS 19 October 2016 Prepared for: Mr. Robert Quiggle, RPA Senior Regulatory Specialist HDR 1304 Buckley Road, Suite 202 Syracuse, NY 13212-4311 On behalf of: Bear Swamp Power Company, LLC Prepared by: Kory Armstrong, Tyler Russell, and Bryan A. Bayer, PWS, CE Environmental Solutions & Innovations, Inc. Executive Summary Bear Swamp Power Company, LLC (BSPC), a limited liability company jointly owned indirectly by Brookfield Renewable and Emera, Inc., is the licensee, owner and operator of the 610-megawatt Bear Swamp Project (Project), located along the Deerfield River in Franklin and Berkshire counties, Massachusetts. BSPC operates and maintains the Project under a license from the Federal Energy Regulatory Commission (FERC or Commission). The Project’s existing license expires on 31 March 2020. BSPC is pursuing a new license for the Project using the Commission’s Integrated Licensing Process (ILP) as defined in 18 Code of Federal Regulations (C.F.R.) Part 5. In accordance with 18 C.F.R. § 5.15, BSPC has initiated studies and information gathering activities as provided in the study plan and schedule approved in the Commission’s October 30, 2015 Study Plan Determination (SPD) for the Project. This report presents the results of the Acoustic Survey conducted pursuant to the SPD. Because the Project is within the range of Indiana (Myotis sodalis), and northern long- eared (Myotis septentrionalis) bats, Environmental Solutions & Innovations, Inc. (ESI) was retained by HDR on behalf of their client, BSPC, to conduct acoustic surveys for federally and state listed bats with potential to occur within the Area of Interest (AOI). ESI conducted acoustic sampling from 28 July 2016 through 5 August 2016. Surveys were conducted for two nights at 22 sites or 44 detector nights. Surveys met the minimum requirements of the U.S. Fish and Wildlife Service’s (USFWS) 2016 Range- wide Indiana Bat Summer Survey Guidelines. These guidelines are also used to survey for northern long-eared bats. Twenty-two Wildlife Acoustics Song Meter SM2BAT+ and SM3BAT bat detectors were deployed by qualified bat biologists. Data collected were analyzed and processed using Kaleidoscope version 3.1.7. Calls identified by Kaleidoscope were visually screened to determine whether recordings were consistent with Indiana or northern long-eared bats. Kaleidoscope identified 385 bat calls over 44 detector nights. Overall, call sequences were consistent with eight species of bats. Two-hundred calls were identified as a big brown bat (Eptesicus fuscus), 54 calls were identified as silver-haired bats (Lasionycteris noctivagans), 50 calls were identified as little brown bats (Myotis lucifugus), 32 calls were identified as Indiana bats, 29 calls were identified as hoary bats (Lasiurus cinereus), 14 calls were identified as eastern red bats (Lasiurus borealis), 5 calls were identified as northern long-eared bats, and one call was identified as a tri-colored bat (Perimyotis subflavus). Pesi 843.01 Bear Swamp Project Acoustic Survey, MA Qualified biologists, Dr. Lynn W. Robbins and Mr. Kory Armstrong, completed a visual review of calls recorded and both concluded that some of the calls were consistent with Indiana and northern long-eared bats. In addition, Dr. Robbins noted that calls consistent with little brown bat, listed as endangered in the Commonwealth of Massachusetts, were recorded during the acoustic survey. Acoustic data indicate that under the 2016 USFWS guidelines, Indiana bats, northern long-eared bats, and little brown bats are assumed present in the Project area. Pesi 843.01 Bear Swamp Project Acoustic Survey, MA TABLE OF CONTENTS Page 1.0 PROJECT LOCATION AND DESCRIPTION .................................................. 1 2.0 REGULATORY SETTING ................................................................................ 1 2.1 The Endangered Species Act ................................................................... 1 2.2 State Protected Species Laws .................................................................. 3 2.3 Regional Occurrence ................................................................................ 3 3.0 INITIAL PROJECT SCREENING-AGENCY CONSULTATION ....................... 4 4.0 METHODS ....................................................................................................... 4 4.1 Desktop Analysis ...................................................................................... 4 4.2 Acoustic Survey ........................................................................................ 4 4.3 Level of Effort ............................................................................................ 5 4.4 Site Selection and Detector Placement ..................................................... 5 4.5 Habitat Assessment .................................................................................. 6 4.6 Weather and Temperature ........................................................................ 8 4.7 Data Analysis ............................................................................................ 8 5.0 RESULTS ...................................................................................................... 10 5.1 Acoustic Survey ...................................................................................... 10 5.2 Habitat Characterization of Acoustic Monitoring Sites ............................ 10 5.2.1 Indiana Bat ...................................................................................... 10 5.2.2 Northern Long-eared bat ................................................................. 10 5.3 Analysis of Call Sequences..................................................................... 15 5.4 Maximum Likelihood Estimator ............................................................... 16 5.5 Final Review of Calls .............................................................................. 16 6.0 DISCUSSION ................................................................................................. 16 6.1 Acoustic Monitoring ................................................................................. 16 6.2 Conclusion .............................................................................................. 18 7.0 LITERATURE CITED ..................................................................................... 19 LIST OF TABLES Table Page Table 1. USFWS Northern Long-eared Bat and Indiana Bat Acoustic Survey Guidelines. ....................................................................................................... 5 Table 2. GPS Coordinates for the Bear Swamp Project in Berkshire and Franklin counties, Massachusetts. ................................................................................. 8 Table 3. Habitat Characteristics of acoustic sites for Bear Swamp Project in Berkshire and Franklin counties, Massachusetts. .......................................... 11 Pesi 843.01 i Bear Swamp Project Acoustic Survey, MA Table 4. Bat calls identified by the Kaleidoscope software with automated call identification. .................................................................................................. 15 Table 5. Visual Vetting Results for Bear Swamp Project in Berkshire and Franklin Counties, Massachusetts. ................................................................ 17 LIST OF FIGURES Figure Page Figure 1. Location of Bear Swamp Project in Berkshire and Franklin counties, Massachusetts ................................................................................................. 2 Figure 2. Acoustic monitoring locations for the Bear Swamp Project in Berkshire and Franklin counties, Massachusetts. ............................................................ 7 Appendices Appendix A: Life Histories of Indiana and Northern Long-eared Bats Appendix B: Staff Resumes Appendix C: Weather Data Appendix D: Field Data Sheets Appendix E: Photos Copyright ©2016 by Environmental Solutions & Innovations, Inc. Pesi 843.01 ii Bear Swamp Project Acoustic Survey, MA 1.0 Project Location and Description Bear Swamp Power Company, LLC (BSPC), a limited liability company jointly owned indirectly by Brookfield Renewable (Brookfield) and Emera, Inc., is the licensee, owner and operator of the 610-megawatt Bear Swamp Project (Project). The Project is located along the Deerfield River in Franklin and Berkshire counties, Massachusetts. BSPC operates and maintains the Project under a license from the Federal Energy Regulatory Commission (FERC or Commission). The Project’s existing license expires on 31 March 2020. BSPC is pursuing a new license for the Project using the Commission’s Integrated Licensing Process (ILP) as defined in 18 Code of Federal Regulations (C.F.R.) Part 5. In accordance with 18 C.F.R. § 5.15, BSPC has initiated studies and information gathering activities as provided in the study plan and schedule approved in the Commission’s 30 October 2015 Study Plan Determination (SPD) for the Project. Pursuant to the SPD, Environmental Solutions & Innovations, Inc. (ESI) was retained by HDR, on behalf of BSPC, to conduct acoustic surveys for federally and state listed bats potentially occurring within the Project’s Area of Investigation (AOI). The AOI encompasses 1,489 acres and is shown on Figure 1. 2.0 Regulatory Setting 2.1 The Endangered Species Act The Federal Endangered Species Act (ESA) of 1973 (16 United States Code A-1535- 1543, P.L. 93-205) provides for the listing, conservation, and recovery of endangered and threatened species of plants and wildlife. Under the ESA, plants and animals provide aesthetic, ecological, educational, historic, and scientific value to the United States. The U.S. Fish and Wildlife Service (USFWS) is mandated to monitor and protect all federally listed freshwater and terrestrial species. A federally listed endangered species is any species that is in danger of extinction throughout all or a significant portion of its range. A federally-listed threatened species is any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. On 16 January 2015, the service proposed listing the northern long-eared bat as Threatened with a 4d exemption, which became effective on 4 May 2015. The Indiana bat was listed as endangered by the USFWS, effective 11 March 1967, and a recovery plan was completed on 14 October 1983. Pesi 843.01 1 Bear Swamp Project Acoustic Survey, MA ^_ 6 1 0 2 4/ 1 0/ 1 er - nt u h d; t x m o. p o T _ n o ati c o L _ 3 4 8 _ 1 e ur g Fi s\ e ur g Fi _ ort p e R DeerfieldRiver Survey\ _ at B D\ X M y\ e v ur S _ c sti u o c A _ p m a w S _ ar e B _ d el kfi o Area of Investigation (AOI) Bro ² _ R D H Figure 1. Location of Bear Swamp Project in Berkshire and Franklin 3_ 4 8 counties, Massachusetts. nt\ e 0 1.5 3 Curr Project No. 843 Base Map: USGS TopographMici lMesap ENVI&R OINNNMOEVNATTAIOL NSSO, LINUCTI.ONS ath: G:\ P Under the ESA, the USFWS is mandated to monitor and protect listed species. Section 7(a)(2) of the ESA states that each federal agency shall insure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species or result in destruction or adverse modification of designated critical habitat. Federal actions include (1) expenditure of federal funds for roads, buildings, or other construction projects, and (2) approval of a permit or license, and the activities resulting from such permit or license. Compliance is required regardless of whether involvement is apparent, such as issuance of a federal permit, or less direct, such as federal oversight of a state-operated program. Section 9 of the ESA prohibits the “take” of listed species. “Take” is defined by the ESA as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect” [16 U.S.C. 1532(19)]. USFWS further defines “harm” to include significant habitat modification or degradation [50 CFR §17.3]. Actions of federal agencies that do not result in jeopardy or adverse modification, but that could result in a take, must also be addressed under Section 7. As stated previously, the Project requires federal approvals by the FERC. Given the federal nexus, the survey and coordination with USFWS will be consistent with Section 7 of the ESA. 2.2 State Protected Species Laws Endangered species are protected in the Commonwealth of Massachusetts under the Massachusetts Endangered Species Act (MESA), enacted in December 1990 (M.G.L c.131A). MESA protects rare species and their habitats by prohibiting “take” of any species listed as endangered, threatened, or special concern. The term "take," is defined as to harass, harm, shoot, hound, kill, trap, capture, collect, process or to disrupt during nesting, breeding, feeding or migratory activity. Permits for “taking” rare species can be granted by the Massachusetts Division of Fisheries and Wildlife (MADFW). In Massachusetts, there are five bat species listed as endangered: northern long-eared bat, Indiana bat, little brown bat, eastern small-footed bat (Myotis leibii), and tri-colored bat. 2.3 Regional Occurrence The Project is within the range of the federally endangered Indiana bat and federally threatened northern long-eared bat. The northern long-eared bat is known to occur in Berkshire and Franklin counties. While the Indiana bat does not have historic records in Berkshire and Franklin counties, both counties are within the species range. Detailed natural histories of these species are provided in Appendix A. Pesi 843.01 3 Bear Swamp Project Acoustic Survey, MA
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