Incidental Take Public Notice:

Proposed Lake Butte des Morts Crossing USH 41

The Department of Natural Resources proposes to authorize the "incidental taking" of the state threatened Blanding’s turtle (Emydoidea blandingii) resulting from proposed widening of USH 41 at the Lake Butte de Morts crossing, and relocation of a pipeline in the right-of-way at the existing crossing necessitated by the road expansion. Incidental take refers to the unintentional loss of individual endangered or threatened animals or plants that does not put the overall population of the species at risk.

Wisconsin Department of Transportation (WDOT) proposes to construct an additional driving lane in each direction of USH 41 from STH 21 to USH 45, including the Lake Buttes des Morts crossing of USH 41. The existing causeway at the crossing will be widened and the bridge structures replaced. ANR currently has a pipeline located within the US 41 right-of-way. In order to accommodate the expansion of USH 41, ANR will relocate the existing pipeline west of the project area prior to the start of USH 41 construction. In addition to the relocation, portions of the pipeline will be replaced and buried deeper.

Wetlands suitable for Blanding’s turtle occur along the western side of the existing USH 41 crossing and right-of-way. These wetlands will be temporarily disturbed by the pipeline relocation and some wetlands will be permanently impacted by the USH 41 road expansion including construction of new causeways and bridge structures. Wetland impacts will be minimized and turtle fencing will be installed to keep turtles from entering the construction areas. Any turtles encountered during placement of the turtle fencing and within the construction area will be removed.

The Department of Natural Resources (DNR) has determined that Blanding’s turtles are likely present in the project area and that the proposed project may result in the incidental taking of some turtles. The Department has concluded that the pipeline relocation and road expansion will minimize the impacts to the turtle by adhering to specific conservation measures. The Department has determined the project is not likely to jeopardize the continued existence and recovery of the state population of these turtles 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 background information on the Blanding’s turtle and the jeopardy assessment are available upon request from Rori Paloski, Department of Natural Resources, Bureau of Endangered Resources, 101 South Webster, Madison, WI 53707, (608) 264-6040. Public comments will be taken through June 30. 2009 and should be sent to Ms. Paloski at the above address. FOR MORE INFORMATION CONTACT: Rori Paloski, DNR, Bureau of Endangered Resources, 608/264-6040 or P.O. Box 7921 Madison, WI 53707-7921.

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

Public comments will be taken through June 30, 2009 and should be sent to the above address.

Information & Supporting Materials:
Jeopardy Assessment [PDF 122KB]