Incidental Take Public Notice:

Proposed WPS, Guardian Lateral Pipeline - KMSF

The Department of Natural Resources (DNR) proposes to authorize the "incidental taking" of the state threatened Acadian Flycatcher (Empidonax virescens), Cerulean Warbler (Dendroica cerulea), and Hooded Warbler (Wilsonia citrina) resulting from the Wisconsin Public Service Corporation Guardian II Sheboygan Lateral Pipeline Project located in Sheboygan County, Wisconsin. 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.

The Guardian II Sheboygan Lateral Pipeline Project being constructed by Wisconsin Public Service Corporation (WPSC) is 31 miles, the majority of which will be constructed in a regularly maintained transmission line right-of-way (ROW). Approximately 3.3 miles of the route passes through the Kettle Moraine State Forest and approximately 2.2 miles passes through the Silver Spring/Mill Creek Streambank Easement area. Pipeline construction will consist of various activities completed sequentially beginning with vegetation clearing, trench excavation, pipe-laying, backfilling the trench, stabilization, restoration, and finally, testing of the pipeline.

The DNR has determined, based on surveys completed in 2007, that the Acadian Flycatcher, Cerulean Warbler, and Hooded Warbler are present in the project area. Vegetation clearing was completed in the pipeline ROW early in 2008 to eliminate the possibility that birds would nest in the ROW. However, human noise and other disturbance in the ROW can interfere with or prevent a bird’s ability to successfully incubate eggs, to feed young, or to defend the nest from predators in nesting territories adjacent to the ROW resulting. Therefore, the DNR believes that the project may still result in the incidental taking of some birds.

However, the Department has concluded that the project will minimize the impacts to the birds by adhering to conservation measures that include species surveys and long-term management of vegetation in the ROW to benefit wildlife and; is not likely to jeopardize the continued existence and recovery of the state population of these birds 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.

The conservation measures to minimize the adverse effect on the threatened species will be incorporated into the proposed Incidental Take Authorization. Copies of the conservation measures, background information on the species, 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 12, 2008 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:

Information & Supporting Materials:
WPSCPL Jeopardy Assessment [PDF 11KB]