The project sponsor’s consultant has scheduled a coordination meeting for November 19, 2026, to discuss the potential conceptual stream and wetland compensatory mitigation projects with the U.S. Army Corps of Engineers (USACE) and the New York State Department of Environmental Conservation (NYSDEC). In addition to the proposed project, USACE must also consider the compensatory mitigation projects’ effects/consequences to federally-listed species under the Endangered Species Act (ESA), including critical habitat. The project sponsor is responsible for developing and submitting detailed compensatory stream and wetland mitigation plans to USACE. Upon receipt and review of these plans, USACE will initiate formal or informal consultation, as appropriate, with the U.S. Fish and Wildlife Service (USFWS) in accordance with Section 7 of the ESA. The project sponsor has indicated they anticipate submitting the compensatory mitigation plans by late January 2027.

The applicant provided an acoustical bat survey report for the project site but did not provide survey reports for the applicant-owned potential off-site compensatory stream and wetland mitigation sites. Available information indicates that no currently listed threatened or endangered species were identified at the proposed project site or the applicant-owned potential off-site compensatory mitigation sites. However, the applicant indicated that other parcels not currently owned by the applicant may be proposed for compensatory mitigation; these parcels have not been surveyed for bats. Two proposed species, the Tricolored bat and Monarch butterfly, appear on the Official Species List. The tricolored bat was confirmed during the acoustical survey within the proposed work area at the project site. Discussions with the applicant indicate their interest in the Corps initiating a voluntary informal conference consultation for the two proposed species to better understand the anticipated effects of the action on the proposed species and any future Section 7 consultation requirements. Without a complete description of the proposed action, including the locations and plans for compensatory stream and wetland mitigation, as well as any potential off-site mitigation areas not currently owned by the applicant, we do not have sufficient information to fully assess the anticipated effects of the action on listed or proposed species or to appropriately determine the ESA Action Area. Thus, we are unable to initiate Section 7 consultation, including conferencing. This office is tracking the potential for off-site mitigation areas, including areas not currently owned by the applicant, to result in a “may affect” determination for listed species, which would require initiation of informal or formal Section 7 consultation. This office provided the applicant with a list of information needed to fully describe the anticipated effects of the action, determine the ESA action area, and initiate informal conference consultation, in correspondences dated 15 JUN 2026, 21 SEP 2026, and 7 OCT 2026. The applicant was also asked to provide an anticipated date for submitting this information.

The project sponsor is still finalizing the acoustical bat survey report and plans to provide it in September 2026. Once the report is submitted, USACE will evaluate the next steps for Section 7 consultation of the ESA with USFWS. 

The Corps, as the lead federal agency, was unable to provide an effects determination and Biological Assessment (BA) to the USFWS.  The project sponsor is still performing required species surveys in the month of August 2026.  Once the surveys are completed, a BA and effects determination will be provided to USFWS.