Incidental Take Public Notice:

Proposed Enbridge - Southern Access Expansion - Stage 1

The construction of a portion of a 321-mile long 42 inch-diameter underground liquid petroleum pipeline and a 20 inch-diameter diluent return line in Wood, Adams, Columbia, and Marquette Counties of Wisconsin could result in the incidental taking of the slender glass lizard (Ophisaurus attenuatus).

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 the permanent right-of-way, temporary workspace and temporary extra workspace could potentially contain the slender glass lizard, listed as endangered under state law. Field studies completed by Enbridge Energy in 2006 confirmed the occurrence of the slender glass lizard within the pipeline construction corridor. DNR staff further evaluated the pipeline and construction corridor and determined that measures could not be implemented to avoid impacts to the slender glass lizard, and that “incidental take” may occur. DNR staff have defined conservation measures designed to minimize “incidental taking” that include: procedures for vegetation clearing, topsoil handling, and post-construction restoration and monitoring. In addition, Enbridge Energy will also complete a more extensive habitat assessment along a large segment of the pipeline to fully map the extent of suitable habitat for the species. 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 activities will minimize impacts to the slender glass lizard by adhering to conservation measures; is not likely to jeopardize the continued existence and recovery of the state population of the slender glass lizard or the whole plant-animal community of which it is a part; and has benefit to the public health, safety or welfare that justifies the action. Conservation measures to minimize the adverse effect on this endangered species will be incorporated into the proposed Incidental Take Authorization. Copies of the conservation measures, background information on the slender glass lizard, and the jeopardy assessment are available on the Incidental Take Public Notices web page or upon request from Lisie Kitchel, Bureau of Endangered Resources, 101 South Webster, Madison, WI 53707, (608) 266-5248. Public comments will be taken through January 22, 2007 and should be sent to Ms.Kitchel, Bureau of Endangered Resources, or Jeff Schimpff, DNR Office of Energy, at (608) 267-7853 or at the address above.

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

Information & Supporting Materials:
Jeopardy Assessment and Background Information [PDF 37KB]