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SPN 15-30

Published May 6, 2015

The Corps is hereby providing notification to the public regarding the establishment of a Special

Condition for previously issued Section 10 of the Rivers and Harbors Act of 1899 and/or Section

404 of the Clean Water Act authorizations/verifications   in Pennsylvania. This notice affects

projects that were previously authorized or verified by the Corps, or the Pennsylvania

Department of Environmental Protection (PADEP), through Nationwide Permits (NWP's),

Individual Permits (IP's), General Permits (GP's), Letters of Permission (LOP's), Pennsylvania

State Programmatic General Permit-4 (PASPGP-4), or other applicable Federal authorizations

and/or verifications where the authorized work has not been completed as of May 4, 2015

 

To ensure compliance with Section 7 of the Endangered Species Act, the following Special

Conditions are hereby added to all previous authorizations and verifications issued by the Corps

for work in Pennsylvania, where the authorized work has not been completed as of

May 4, 2015:

1. Habitat screening for the Northern Long-Eared Bat (Myotis septentrionalis) is now

required in all counties of the Commonwealth of Pennsylvania and must be completed

by the permittee using the Pennsylvania Natural Diversity Index (PNDI) tool

http://www.naturalheritage.state.pa.us/ or directly coordinating with USFWS. All

previous PNDI receipts dated prior to May 4, 2015 are no longer valid, and a new PNDI

search is required to be run prior to the performance of any additional regulated work.

2. Any and all avoidance measures listed on the PNDI receipt for the Long-Eared Bat, or

in correspondence from USFWS related to the Long-Eared Bat, are a Special Condition(s)

of all previously issued authorizations/verifications

 

3. If the permittee cannot comply with avoidance measures referenced in Special Condition

2 above, or if the permittee believes that the avoidance measure(s) is outside of the

Corps Section 7 ESA scope of analysis, they must contact the appropriate Corps office.

The Corps will consult with USFWS, as appropriate, and the permittee should not

perform any additional regulated work until notified by Corps.

 

4. If the PNDI receipt requires further consultation with the USFWS, the permittee shall

 contact the appropriate Corps office and cease all regulated work until they receive

 written confirmation from the Corps that consultation under Section 7 of the Endangered

 Species Act has been completed, or they have directly resolved the concerns with

 USFWS.

 

 

 

.S. Fish and Wildlife Service

(USFWS). The USFWS, the agency responsible for

 

 

implementing the Federal Endangered

Species Act, has determined that Northern Long-Eared Bats, now

 

 

listed as a Threatened

Species with Interim 4(d) Rule, occur throughout the Commonwealth of Pennsylvania

 

 

.

It is requested that you communicate the foregoing information to any persons known by you to

be interested and not being known to this office who did not receive a copy of this notice.

 

 

If you

have any questions regarding this matter, please contact Ms. Holly

 

 

A. Ross, Baltimore District

Corps of Engineers, Tioga Regulatory Field Office

 

 

, 710 lves Run Lane, Tioga, PA, 16946 or via

e-mail at holly.a

 

 

.ross@usace.army.mil.

 

 

 

.