HomeMy WebLinkAbout18_Bat_TechAsstLetter ,
United States Department of the Interior -4/
FISH AND WILDLIFE SERVICE
New York Ecological Services Field Office
3817 Luker Road
Cortland,NY 13045-9385
Phone: (607) 753-9334 Fax: (607) 753-9699
Email Address: fw5es neyfo@fws.gov
In Reply Refer To: 06/02/2026 19:33:36 UTC
Project code: 2026-0086469
Project Name: Jerry Smith BESS
Federal Nexus: no
Federal Action Agency (if applicable):
Subject: Technical assistance for 'Jerry Smith BESS'
Dear Bailey Godson:
This letter records your determination using the Information for Planning and Consultation
(IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on June 02, 2026, for
'Jerry Smith BESS' (here forward, Project). This project has been assigned Project Code
2026-0086469 and all future correspondence should clearly reference this number. Please
carefully review this letter.Your Endangered Species Act (Act) requirements may not be
complete.
Ensuring Accurate Determinations When Using IPaC
The Service developed the IPaC system and associated species' determination keys in accordance
with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et
seq.) and based on a standing analysis.All information submitted by the Project proponent into
IPaC must accurately represent the full scope and details of the Project.
Failure to accurately represent or implement the Project as detailed in IPaC or the Northern
Long-eared Bat and Tricolored Bat Range-wide Determination Key(Dkey), invalidates this
letter.Answers to certain questions in the DKey commit the project proponent to
implementation of conservation measures that must be followed for the ESA determination to
remain valid. Note that conservation measures for northern long-eared bat and tricolored bat
may differ. If both bat species are present in the action area and the key suggests more
conservative measures for one of the species for your project, the Project may need to apply
the most conservative measures in order to avoid adverse effects. If unsure which conservation
measures should be applied,please contact the appropriate Ecological Services Field Office
Determination for the Northern Long-Eared Bat and Tricolored Bat
Project code: 2026-0086469 IPaC Record Locator: 745-182237778 06/02/2026 19:33:36 UTC
Based upon your IPaC submission and a standing analysis completed by the Service, your project
has reached the following effect determination(s):
Species Listing Status Determination
Northern Long-eared Bat (Myotis septentrionalis) Endangered NLAA
Other Species and Critical Habitat that May be Present in the Action Area
The IPaC-assisted determination key for the northern long-eared bat and tricolored bat does not
apply to the following ESA-protected species and/or critical habitat that also may occur in your
Action area:
â– Monarch Butterfly Danaus plexippus Proposed Threatened
You may coordinate with our Office to determine whether the Action may cause prohibited take
of the animal species and/or critical habitat listed above. Note that if a new species is listed that
may be affected by the identified action before it is complete, additional review is recommended
to ensure compliance with the Endangered Species Act.
Next Steps
Coordination with the Service is complete. This letter serves as technical assistance.All
conservation measures should be implemented as proposed. Thank you for considering federally
listed species during your project planning.
If no changes occur with the Project or there are no updates on listed species, no further
consultation/coordination for this project is required for the northern long-eared bat. However,
the Service recommends that project proponents re-evaluate the Project in IPaC if: 1)the scope,
timing, duration, or location of the Project changes (includes any project changes or
amendments); 2) new information reveals the Project may impact (positively or negatively)
federally listed species or designated critical habitat; or 3) a new species is listed, or critical
habitat designated. If any of the above conditions occurs, additional coordination with the
Service should take place before project implements any changes which are final or commits
additional resources.
If you have any questions regarding this letter or need further assistance, please contact the New
York Ecological Services Field Office and reference Project Code 2026-0086469 associated with
this Project.
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Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Jerry Smith BESS
2.Description
The following description was provided for the project'Jerry Smith BESS':
The client is proposing the construction of a 5 Megawatt Battery Energy Storage
System (BESS) south of Jerry Smith Road in the Town of Lansing, Tompkins
County, NY. The project area consists of vacant woodlands located on a
previously developed parcel of land(solar). The surrounding land use consists of
agricultural land, industrial development, residential development, and vacant
woodlands.
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/042.593528649999996,-76.5636628164429,14z
- r
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DETERMINATION KEY RESULT
Based on the answers provided, the proposed Action is consistent with a determination of "may
affect, but not likely to adversely affect" for a least one species covered by this determination
key.
QUALIFICATION INTERVIEW
1. Does the proposed project include, or is it reasonably certain to cause, intentional take of
listed bats or any other listed species?
Note:Intentional take is defined as take that is the intended result of a project.Intentional take could refer to
research,direct species management,surveys,and/or studies that include intentional handling/encountering,
harassment,collection,or capturing of any individual of a federally listed threatened,endangered or proposed
species?
No
2. Is the action area wholly within Zone 2 of the year-round active area for northern long-
eared bat and/or tricolored bat?
Automatically answered
No
3. Does the action area intersect Zone 1 of the year-round active area for northern long-eared
bat and/or tricolored bat?
Automatically answered
No
4. Does any component of the action involve leasing, construction or operation of wind
turbines?Answer 'yes' if the activities considered are conducted with the intention of
gathering survey information to inform the leasing, construction, or operation of wind
turbines.
No
5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a
Federal agency in whole or in part?
Note for projects in Pennsylvania:Projects requiring authorization under Section 404 of the Clean Water Act
and/or Section 10 of the Rivers and Harbors Act would be considered as having a federal nexus. Since the U.S.
Army Corps of Engineers(Corps)has issued the Pennsylvania State Programmatic General Permit(PASPGP),
which may be verified by the PA Department of Environmental Protection or certain Conservation Districts,the
need to receive a Corps authorization to perform the work under the PASPGP serves as a federal nexus.As such,
if proposing to use the PASPGP,you would answer`yes'to this question.
No
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6. [Semantic] Is the action area located within 0.5 miles of a known bat hibernaculum or
winter roost? Note: The map queried for this question contains proprietary information and
cannot be displayed. If you need additional information, please contact your state wildlife
agency.
Automatically answered
No
7. Does the action area contain any winter roosts or caves (or associated sinkholes, fissures,
or other karst features), mines, rocky outcroppings, or tunnels that could provide habitat
for hibernating bats?
No
8. Is the action located in New England(CT, MA, ME, NH, RI, or VT)?
No
9. Will the action cause effects to a bridge?
Note: Covered bridges should be considered as bridges in this question.
No
10. Will the action result in effects to a culvert or tunnel at any time of year?
No
11. Are trees present within 1000 feet of the action area?Note:If there are trees within the action area
that are of a sufficient size to be potential roosts for bats answer"Yes".If unsure,additional information defining
suitable summer habitat for the northern long-eared bat and tricolored bat can be found in the USFWS'Ran e-
wide Indiana Bat and Northern long-eared bat Survey Guidelines.
Yes
12. Does the action include the intentional exclusion of bats from a building or building-like
structure?Note:Exclusion is conducted to deny bats'entry or reentry into a building.To be effective and to
avoid harming bats,it should be done according to established standards.If your action includes bat exclusion
and you are unsure whether northern long-eared bats or tricolored bats are present,answer"Yes."Answer"No"if
there are no signs of bat use in the building/structure.If unsure,contact your local Ecological Services Field
Office to help assess whether northern long-eared bats or tricolored bats may be present.Contact a Nuisance
Wildlife Control Operator(NWCO)for help in how to exclude bats from a structure safely without causing harm
to the bats(to find a NWCO certified in bat standards,search the Internet using the search term"National
Wildlife Control Operators Association bats").Also see the White-Nose Syndrome Response Team's guide for bat
control in structures.
No
13. Does the action involve removal, modification, or maintenance of a human-made building-
like structure (barn, house, or other building) known or suspected to contain roosting
bats?
No
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14. Will the action cause construction of one or more new roads open to the public?
For federal actions, answer `yes'when the construction or operation of these facilities is
either(1) part of the federal action or (2)would not occur but for an action taken by a
federal agency(federal permit, funding, etc.).
No
15. Will the action include or cause any construction or other activity that is reasonably certain
to increase average night-time traffic permanently or temporarily on one or more existing
roads?Note:For federal actions,answer`yes'when the construction or operation of these facilities is either(1)
part of the federal action or(2)would not occur but for an action taken by a federal agency(federal permit,
funding,etc.). .
No
16. Will the action include or cause any construction or other activity that is reasonably certain
to increase the number of travel lanes on an existing thoroughfare?
For federal actions, answer `yes'when the construction or operation of these facilities is
either (1) part of the federal action or (2)would not occur but for an action taken by a
federal agency(federal permit, funding, etc.).
No
17. Will the proposed Action involve the creation of a new water-borne contaminant source
(e.g., leachate pond, pits containing chemicals that are not NSF/ANSI 60 compliant)?
Note:For information regarding NSF/ANSI 60 please visit https://www.nsf.orW nowledge-library/nsf-ansi-
standard-60-drinking-water-treatment-chemicals-health-effects
No
18. Will the proposed action involve the creation of a new point source discharge from a
facility other than a water treatment plant or storm water system?
No
19. Will the proposed action involve blasting or drilling?
No
20. Will the action involve military training (e.g., smoke operations, obscurant operations,
exploding munitions, artillery fire, range use, helicopter or fixed wing aircraft use at
night)?
No
21. Will the proposed action involve the use of herbicides or pesticides (e.g., fungicides,
insecticides, or rodenticides)?
No
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22. Will the action include or cause activities that are reasonably certain to cause chronic or
intense nighttime noise (above current levels of ambient noise in the area) in suitable
summer habitat for the northern long-eared bat or tricolored bat during the active season?
Chronic noise is noise that is continuous or occurs repeatedly again and again for a long
time. Sources of chronic or intense noise that could cause adverse effects to bats may
include, but are not limited to: road traffic; trains; aircraft; industrial activities; gas
compressor stations; loud music; crowds; oil and gas extraction; construction; and mining.
Note:Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat
can be found in the USFWS'Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines.
No
23. Does the action include, or is it reasonably certain to cause, the use of permanent or
temporary artificial lighting within 1000 feet of suitable forested northern long-eared bat
or tricolored bat roosting habitat?Note:Additional information defining suitable summer habitat for the
northern long-eared bat and tricolored bat can be found in the USFWS'Range-wide Indiana Bat and Northern
long-eared bat Survey Guidelines.
No
24. Will the action include tree cutting or other means of knocking down or bringing down
trees, tree topping, or tree trimming?
Yes
25. Is the project related to the production of coal, including projects that support the mining
of coal, as well as the production and/or distribution of energy produced from coal?
No
26. Will the proposed action occur exclusively in an already established and currently
maintained utility right-of-way?
No
27. Does the action include emergency cutting or trimming of hazard trees in order to remove
an imminent threat to human safety or property? See hazard tree note at the bottom of the
key for text that will be added to response letters
Note:A"hazard tree"is a tree that is an immediate threat to lives,public health and safety,or improved property.
No
28. Does the project intersect with the 0- 9.9% forest density category?
Automatically answered
No
29. Does the project intersect with the 10.0- 19.9% forest density category map?
Automatically answered
No
30. Does the project intersect with the 20.0- 29.9% forest density category map?
Automatically answered
Yes
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31. Does the project intersect with the 30.0- 100% forest density category map?
Automatically answered
No
32. Will the action cause trees to be cut, knocked down, or otherwise brought down across an
area greater than 40 acres in total extent?
No
33. Will the proposed action result in the use of prescribed fire?
Note:If the prescribed fire action includes other activities than application of fire(e.g.,tree cutting,fire line
preparation)please consider impacts from those activities within the previous representative questions in the key.
This set of questions only considers impacts from flame and smoke.
No
34. Does the action area intersect the northern long-eared bat species list area?
Automatically answered
Yes
35. [Semantic] Is the action area located within 0.5 miles of radius of an entrance/opening to
any known NLEB hibernacula Or winter roost? Note:The map queried for this question contains
proprietary information and cannot be displayed.If you need additional information,please contact your State
wildlife agency.
Automatically answered
No
36. [Semantic] Is the action area located within 0.25 miles of a culvert that is known to be
occupied by northern long-eared or tricolored bats?Note:The map queried for this question
contains proprietary information and cannot be displayed.If you need additional information,please contact your
State wildlife agency.
Automatically answered
No
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37. [Semantic] Is the action area located within 150 feet of a documented northern long-eared
bat roost site?
Note: The map queried for this question contains proprietary information and cannot be
displayed. If you need additional information, please contact your State wildlife
agency.Have you contacted the appropriate agency to determine if your action is within
150 feet of any documented northern long-eared bat roosts?
Note:A document with links to Natural Heritage Inventory databases and other state-
specific sources of information on the locations of northern long-eared bat roosts is
available here. Location information for northern long-eared bat roosts is generally kept in
state natural heritage inventory databases—the availability of this data varies by state.
Many states provide online access to their data, either directly by providing maps or by
providing the opportunity to make a data request. In some cases, to protect those resources,
access to the information may be limited.
Automatically answered
No
38. Is suitable summer habitat for the northern long-eared bat present within 1000 feet of
project activities? If unsure, answer "Yes." Note:Additional information defining suitable summer
habitat for the northern long-eared bat and tricolored bat can be found in the USFWS'Range-wide Indiana Bat
and Northern long-eared bat Survey Guidelines
Yes
39. Has a presence/probable absence summer bat survey targeting the northern long-eared bat
following the Service's Range-wide Indiana Bat and Northern Long-Eared Bat Survey
Guidelines been conducted within the project area?
No
40. Are any of the trees proposed for cutting or other means of knocking down, bringing
down, topping, or trimming suitable for northern long-eared bat roosting (i.e., live trees
and/or snags >_3 inches dbh that have exfoliating bark, cracks, crevices, and/or cavities)?
Note:Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat
can be found in the USFWS'Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines.
Yes
41. Will any tree cutting/trimming or other knocking or bringing down of trees occur during
the Summer Occupancy season for northern long-eared bats in the action area? Note:Bat
activity periods for your state can be found in Appendix 2 of the Service's Northern long-eared Bat and Tricolored
Bat Voluntary Environmental Review Process for Development Projects.
No
42. Do you have any documents that you want to include with this submission?
No
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PROJECT QUESTIONNAIRE
Enter the extent of the action area (in acres) from which trees will be removed - round up
to the nearest tenth of an acre. For this question, include the entire area where tree removal
will take place, even if some live or dead trees will be left standing.
.25
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IPAC USER CONTACT INFORMATION
Agency: Environmental Design Partnership, LLP (EDP)
Name: Bailey Godson
Address: 900 Route 146
City: Clifton Park
State: NY
Zip: 12065
Email bgodson@edpllp.com
Phone: 8382514798
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