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Threatened and Endangered Species

EC-01 · Matrix · Ecological Resources

Rating
2Impacts likely but may be easily resolved
Why
Impact likely
Worst case
Not above the rating
Evidence
Inferred
Cited claims
5
Requirements
2
Requests
2

Rating

2Impacts likely but may be easily resolved

The rule

Code computed the rating from the assessor's inputs:

impact_likely=yes -> 2

Set by the rule

Decision
Released with flags
The engine's reasons
  • Numbers not found in cited evidence: 02, 2023
  • Presence and impact_likely are supported, but the northern long-eared bat is now endangered as of 2023-03-31, before the cut-off. The "standard" pathway and the claim that formal consultation is not indicated are overconfident. The tricolored bat is omitted. The category likely stays at 2.
  • Revision proposed category 3 against a unanimous 2 without a critical issue; revision rejected.
Evidence state
Inferred · reasoned from several records

Revision

Not revised.

The five inputs

  • Present: yes

    IPaC official species list (C-fff17bba4d, C-5a80fc5958, C-5357a5411b) names Indiana bat (endangered), northern long-eared bat (threatened) and monarch (candidate) for the project. The 'no critical habitat' statement (C-00290ee736) concerns critical habitat only, so it does not conflict with species presence.

    Cites C-fff17bba4d, C-5a80fc5958, C-5357a5411b, C-00290ee736

  • Extent: unknown

    Scattered woodlots along Sugar Run are noted (C-71ef7a1eed), but no habitat assessment or mapping shows how much suitable bat habitat lies within the buildable area. Extent is not established.

    Cites C-71ef7a1eed

  • Avoidable: unknown

    Without a habitat assessment or layout, it is not known whether woodlot clearing can be avoided or timed out. Woodlots are scattered along Sugar Run (C-71ef7a1eed), which suggests avoidance may be feasible but is unconfirmed.

    Cites C-71ef7a1eed

  • Pathway: standard

    No critical habitat is in the project area (C-00290ee736), which rules out prohibition. Woodlots are scattered (C-71ef7a1eed), so a typical build can use technical assistance, seasonal tree-clearing windows and surveys. Formal consultation or an incidental take permit is not indicated by the evidence.

    Cites C-00290ee736, C-71ef7a1eed, C-fff17bba4d, C-5a80fc5958

  • Impact likely: yes

    Listed bats are on the species list (C-fff17bba4d, C-5a80fc5958) and woodlots occur along Sugar Run (C-71ef7a1eed). A typical build with Sugar Run crossings, collection lines and grading would likely clear some tree habitat, so seasonal restrictions and surveys are likely.

    Cites C-fff17bba4d, C-5a80fc5958, C-71ef7a1eed

Comments

IPaC list (2023-02-10) identifies Indiana bat (endangered), northern long-eared bat (threatened) and monarch butterfly (candidate). No critical habitat in project area. Scattered woodlots along Sugar Run. No habitat assessment or state heritage review is in the data room.

Critique

Verdict
weakened
Suggested direction for the rating
same
Summary

Presence and impact_likely are supported, but the northern long-eared bat is now endangered as of 2023-03-31, before the cut-off. The "standard" pathway and the claim that formal consultation is not indicated are overconfident. The tricolored bat is omitted. The category likely stays at 2.

Critic model
Luminol

Issues

  1. Severity major · Kind as_of_error

    The AS-OF NOTES say the northern long-eared bat reclassification to endangered took effect 2023-03-31, which is before the 2023-08-15 cut-off. The assessment still calls it threatened, citing the 2023-02-10 IPaC list. The status should be updated to endangered, attributed to the as-of note. Endangered status removes the 4(d) rule flexibility, so the 'standard' pathway and the cost and impact framing are weaker.

    Cites C-5a80fc5958

  2. Severity major · Kind unsupported_statement

    The pathway rationale says that formal consultation or an incidental take permit is 'not indicated' and that technical assistance is enough. The cited quotes do not support that. F-ESA is conditional, and a federal nexus is unknown. Two endangered bats make a Section 10 or Section 7 route plausible if tree clearing occurs. The 'standard' pathway is overconfident.

    Cites C-00290ee736, C-71ef7a1eed

  3. Severity minor · Kind unsupported_statement

    The cost comment says 'Habitat appears limited to scattered woodlots, so exposure is modest', and the avoidable rationale says avoidance 'may be feasible'. Both read 'scattered woodlots' as a limit on habitat and on exposure. The quote does not say how much woodland there is on a 1,356-acre site, so this is an inference. Also, the IPaC list is 'under this office's jurisdiction' and may cover a wider area than the site.

    Cites C-71ef7a1eed

  4. Severity minor · Kind missing_next_step

    The next steps omit the tricolored bat (proposed endangered 2022-09-14). They also omit a check for the updated NLEB status and its effect on clearing windows. The assessment does not consider a federal nexus (for example, USACE Section 404 stream crossings) that would trigger Section 7. The IPaC list also covers only the 'project area' under the Bloomington office.

    Cites C-5a80fc5958

Checks

  • Passed

    rating_has_evidence · blocking

  • Passed

    presence_is_evidenced · not blocking

  • Passed

    counter_evidence_considered · not blocking

  • Failed

    numbers_grounded · not blocking

    Numbers not found in cited evidence: 02, 2023

  • Passed

    agencies_grounded · not blocking

  • Passed

    cutoff_respected · blocking

  • Passed

    critic_not_refuted · blocking

  • Failed

    critic_weakened · not blocking

    Presence and impact_likely are supported, but the northern long-eared bat is now endangered as of 2023-03-31, before the cut-off. The "standard" pathway and the claim that formal consultation is not indicated are overconfident. The tricolored bat is omitted. The category likely stays at 2.

  • Failed

    revision_accepted · not blocking

    Revision proposed category 3 against a unanimous 2 without a critical issue; revision rejected.

Evidence (5)

Each claim the row cites: the statement in the assessor's words, then the quote the engine found on the page.

IPaC Official Species List 2023-02-10

C-00290ee736 · Page 1 of 1 · DR-0003

Open the claim, C-00290ee736

No critical habitats are within the project area under the Indiana Ecological Services Field Office's jurisdiction.

Quote check Exact · Placed verbatim · The quote occurs on the page exactly as written. · Read as native

SYNTHETIC TEST FIXTURE - FICTIONAL PROJECT United States Department of the Interior, Fish and Wildlife Service Indiana Ecological Services Field Office February 10, 2023 Official Species List - Brook Hollow Solar, Fixture County, Indiana Mammals: Indiana Bat (Myotis sodalis) - Endangered Mammals: Northern Long-eared Bat (Myotis septentrionalis) - Threatened Insects: Monarch Butterfly (Danaus plexippus) - Candidate Quote starts. Critical habitats: There are no critical habitats within your project area under this office's jurisdiction. Quote ends.

The outline marks where the quote begins on the page.

Page 1 of IPaC Official Species List 2023-02-10
  1. C-00290ee736

    No critical habitats are within the project area under the Indiana Ecological Services Field Office's jurisdiction.

    Quoted from page 1
    Critical habitats: There are no critical habitats within your project area under this office's jurisdiction.

    IPaC Official Species List 2023-02-10 · DR-0003 · Page 1 · 2023-02-10

    Source agency_determination · Claim type absence · Polarity absence · Confidence high · Quote check exact, 100 of 100

  2. C-5357a5411b

    The official species list identifies the Monarch Butterfly (Danaus plexippus) as a Candidate species for the project.

    Quoted from page 1
    Insects: Monarch Butterfly (Danaus plexippus) - Candidate

    IPaC Official Species List 2023-02-10 · DR-0003 · Page 1 · 2023-02-10

    Source agency_determination · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100

  3. C-5a80fc5958

    The official species list identifies the Northern Long-eared Bat (Myotis septentrionalis), federally Threatened, for the project.

    Quoted from page 1
    Mammals: Northern Long-eared Bat (Myotis septentrionalis) - Threatened

    IPaC Official Species List 2023-02-10 · DR-0003 · Page 1 · 2023-02-10

    Source agency_determination · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100

  4. C-71ef7a1eed

    Scattered woodlots occur along Sugar Run.

    Quoted from page 1
    scattered woodlots along Sugar Run

    Brook Hollow Project Overview 2023-03-15 · DR-0001 · Page 1 · 2023-03-15

    Source developer_document · Claim type presence · Polarity presence · Confidence medium · Quote check exact, 100 of 100

    Cited by EC-02, EN-01 · Filed under AQ-01, EC-02, EN-01

  5. C-fff17bba4d

    The official species list identifies the Indiana Bat (Myotis sodalis), federally Endangered, for the Brook Hollow Solar project.

    Quoted from page 1
    Mammals: Indiana Bat (Myotis sodalis) - Endangered

    IPaC Official Species List 2023-02-10 · DR-0003 · Page 1 · 2023-02-10

    Source agency_determination · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100

Requirements and permits

The requirements the assessor tied to this row, by level. Each quote from dated law is shown with its source.

Engine 0.1.0, which made this run, wrote no timelines or citations of law.

Federal

  • Section 7 consultation (with a federal nexus) or Section 10 incidental take permit and habitat conservation plan

    F-ESA · U.S. Fish and Wildlife Service (NMFS for marine and anadromous species)

    Applicability
    Conditional
    Instrument
    Endangered Species Act Sections 7 and 10 (16 U.S.C. 1536, 1539); 50 CFR Parts 17 and 402
    Trigger
    Listed species or critical habitat may be affected by construction or tree clearing.
    Description

    Federal actions must not jeopardize listed species or adversely modify critical habitat; without a federal nexus, take of listed species is prohibited unless authorized under Section 10.

    As of the cut-off

    As of the cut-off: Tricolored bat proposed for listing as endangered. (2022-09-14) Northern long-eared bat reclassification from threatened to endangered took effect. (2023-03-31) Changed after the cut-off (not applied): Monarch butterfly proposed for listing as threatened. (2024-12-12)

    Verification
    PACK_PENDING_QUALIFIED_REVIEW
    Source
    pack:federal
    In the permit matrix
    F-ESA

State

  • Environmental review request for state endangered and threatened species

    S-05 · Indiana DNR Division of Fish & Wildlife / Nature Preserves; USFWS Bloomington field office

    Applicability
    Likely
    Instrument
    Natural Heritage Database review and state-listed species review (IC 14-31, 312 IAC 9)
    Trigger
    Always for screening; tree clearing and stream work raise risk
    Description

    Request a DNR Environmental Review for state-listed species and natural heritage. Indiana bat and northern long-eared bat tree clearing windows are commonly recommended.

    As of the cut-off

    As of 2023-08-15. NLEB was reclassified as federally endangered effective March 2023.

    Verification
    MODEL_KNOWLEDGE_UNVERIFIED
    Source
    model:jurisdiction
    In the permit matrix
    S-05

Information requests

  • IR-5b39da6c21 · Medium priority

    Provide the state natural heritage database review or state wildlife agency letter for the project area, or confirm none exists.

    Missing evidence
    State natural heritage database review or state wildlife agency letter
    Consequence
    Threatened and Endangered Species is rated on partial evidence without it.
    Blocks the decision
    No
    Raised by
    completeness
  • IR-b30a17fd04 · Medium priority

    Provide the habitat assessment or species survey (e.g., bat acoustic or mist-net) for the project area, or confirm none exists.

    Missing evidence
    Habitat assessment or species survey (e.g., bat acoustic or mist-net)
    Consequence
    Threatened and Endangered Species is rated on partial evidence without it.
    Blocks the decision
    No
    Raised by
    completeness

Next steps

  • Commission bat habitat assessment of woodlots along Sugar Run and survey if warranted.
  • Request Indiana DNR environmental review and USFWS technical assistance.
  • Site to avoid tree clearing or limit it to seasonal windows.

Agencies

  • USFWS
  • Indiana DNR

Cost and impact

Impact
C, S
Potential cost level
L-M
Why

Likely costs are bat habitat assessment or surveys and seasonal clearing restrictions. Habitat appears limited to scattered woodlots, so exposure is modest.

Impact: C = cost, S = schedule. Potential cost level: L, L-M, M, M-H, H (relative to a utility-scale solar budget).

Lumerian Labs 2026