The Baltimore District of the U.S. Army Corps of Engineers issued Special Public Notice 15-39 on June 25, 2015, which adds new Special Conditions, to protect the Northern Long-Eared Bat (NLEB), to all previous Corps permit authorizations issued by the Baltimore Corps. The most critical condition is within Section 2: |
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If the previously-authorized project involves a contiguous area of permanent tree clearing that is greater than or equal to 1 acre and the work has not been completed as of the date of this notice, then the permittee must provide a written letter of commitment to the Corps office prior to performing any additional work. This letter of commitment must state that the permittee agrees to one of the following conservation measures:
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Seasonal clearing will only occur between September 1 and April 15, or |
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The permittee will conduct summer habitat surveys for bats (between June 1 and August 15) to determine whether bats are present. If no bats are detected, no seasonal restrictions on clearing is required.
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Thus some land development projects with Baltimore Corps permits may have to cease all tree clearing activity immediately!
At this moment, the Norfolk District of the Corps has not retroactively added this requirement to existing permits; and is only applying NLEB conditions to permit modifications and new issuances. Norfolk expects to issue a new Public Notice in the next week – so standby to see what it says!
To increase confusion, the following statement in Section 2 of the Baltimore Corps Public Notice is also different than Norfolk Corps practices to date:
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Projects involving only temporary tree clearing activities (i.e., forest management, right of way clearing) do not require further consultation with the Corps or USFWS prior to conducting the previously authorized temporary tree clearing activities. |
In Norfolk, you do need to consult with USFWS for previously authorized right of way clearing.
The benefit of decentralized Corps Districts and USFWS offices is the ability to adapt regulatory interpretations to local conditions. The dichotomy of such organizational structures is that it can result in the confusion we see today.
See Field Notes Vol. 23, No. 2 for more information on the NLEB. WSSI has staff and equipment ready to conduct acoustic bat surveys. Please contact Ben Rosner, Mike Klebasko, Dan Lucey, Mark Headly, or Mike Rolband with any questions, or if you would like to arrange for a habitat assessment or survey for the Northern Long-Eared Bat. |
