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United States Department of the Interior
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 npfo@fws.gov
In Reply Refer To: 05/06/2026 18:23:06 UTC
Project Code: 2026-0086469
Project Name: Jerry Smith BESS
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act(Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the IPaC website at regular intervals during project planning and
implementation for updates to species lists and information.An updated list may be requested
through the IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
Project code: 2026-0086469 05/06/2026 18:23:06 UTC
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
https://www.fws.gov/sites/default/files/documents/endangered-species-consultation-
handbook.pdf
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act(ESA), there are additional responsibilities under the
Migratory Bird Treaty Act(MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project-related impacts.Any activity resulting in take of migratory
birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife
Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these
Acts see https://www.fws.gov/program/migratory-bird-permit/what-we-do.
It is the responsibility of the project proponent to comply with these Acts by identifying potential
impacts to migratory birds and eagles within applicable NEPA documents (when there is a
federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents
should implement conservation measures to avoid or minimize the production of project-related
stressors or minimize the exposure of birds and their resources to the project-related stressors.
For more information on avian stressors and recommended conservation measures see https://
www.fws.gov/library/collections/threats-birds.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-
migratory-birds.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the
header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
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Attachment(s):
■ Official Species List
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
New York Ecological Services Field Office
3817 Luker Road
Cortland, NY 13045-9385
(607) 753-9334
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Project code: 2026-0086469 05/06/2026 18:23:06 UTC
PROJECT SUMMARY
Project Code: 2026-0086469
Project Name: Jerry Smith BESS
Project Type: Battery Energy Storage Systems
Project Description: 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.
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/@42.5938683,-76.56366245682952,14z
Counties: Tompkins County, New York
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ENDANGERED SPECIES ACT SPECIES
There is a total of 2 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
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Project code: 2026-0086469 05/06/2026 18:23:06 UTC
MAMMALS
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis Endangered
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/9045
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Proposed
There is proposed critical habitat for this species.Your location does not overlap the critical Threatened
habitat.
Species profile:https://ecos.fws.gov/ecp/species/9743
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S)MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
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Project code: 2026-0086469 05/06/2026 18:23:06 UTC
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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