Incidental Take Public Notice:

Proposed Enbridge Southern Access Expansion Program - Stage 1

The construction of a portion of a 321-mile long 42 inch-diameter underground liquid petroleum pipeline and a 21 inch-diameter diluent return line across the state of Wisconsin could result in the incidental taking of three rare dragonfly species if they are encountered during construction.

As part of the environmental permitting process for the Enbridge Energy pipelines that extends from the Superior, Wisconsin terminal facility in Douglas County to the Delavan Substation in the northeast corner of Rock County, a screening for rare species determined that waterway crossings within the corridor could potentially contain the pygmy snaketail (Ophiogomphus howeiBromley), listed as threatened; Saint Croix snaketail (Ophiogomphus susbehcha Vogt & Smith), listed as endangered; and extra-striped snaketail (Ophiogomphus anomalus Harvey), listed as endangered under state law.

DNR staff further evaluated the waterway crossings and identified six waterways where they determined that measures could not be implemented to avoid impacts to the three dragonfly species, and where “incidental take” may occur. DNR staff have defined conservation measures designed to minimize “incidental taking” that include: strict procedures for response loss of drilling mud, reduction of the temporary workspace, crossing methods that minimize impact, restoration and monitoring of bed, bank and vegetation conditions.

Under the “incidental taking” law, which was approved by the Wisconsin Legislature in 1997, the Department of Natural Resources can authorize the taking of an endangered or threatened species from a location if that removal will not jeopardize the species' survival or recovery in Wisconsin. DNR staff have concluded that the proposed project will minimize the impacts to the dragonflies by adhering to conservation measures; is not likely to jeopardize the continued existence and recovery of the state populations of these dragonflies or the whole plant-animal community of which they are a part; and has benefit to the public health, safety or welfare that justifies the action.

Copies of the jeopardy assessment and conservation measures are available below or upon request from:

Information & Supporting Materials:
Jeopardy Assessment and Background Information [PDF 20KB]