2016 No/Low Broad ITP/A Revision Cyclednr.wi.gov/.../Documents/CompleteBITPA_03_09_2016.pdf · 3/9/2016 · 15 New Activity Add Barrel burns as a new general activity This activity

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2016 No/Low Broad ITP/A Revision Cycle Responses to Comments Received

Page 1 of 6

Comment # Category Comment (previous Activity numbers)

Response (current Activity numbers)

Table 1 or 2

1 Revision Match culvert activities to the new culvert rule

Culvert activities 1-C5 through 1-C7 have been revised.

1

2 Revision Streamline vegetation management activities

Vegetation management activities have been consolidated from nine activities into four and a definition for vegetation management has been created.

Both

3 New Activity Add an activity to cover phragmites and other invasives on public land

Activity 2-A17 was added for phragmites work. Also, habitat type “uplands” was added for Activity 2-A16, Target-specific pesticide use.

2

4 Revision Add other habitat types to 2-B35, construction matting

Placement and removal of construction matting in agricultural and manicured ROW/UC habitats has been added as new activities 1-B24 and 2-B31.

Both

5 Overall comment on tables/ Avoidance Measures

For bird EO avoidance, consider incorporating or amending the bird buffers as suggested by Environment Canada. See the following site for their recommendations: https://www.ec.gc.ca/paom-itmb/default.asp?lang=En&n=8D910CAC-1

Since the buffer we’re using needs to cover all listed birds we need to use a more conservative number. All listed bird species are considered “species at risk” by Environment Canada and therefore subject to the following: A larger buffer may be needed to minimize the risk of disturbance caused by industrial operations and for species at risk. Also, please note, some of the recommended buffers suggested by Environment Canada exceed the distance we’re using.

Both

https://www.ec.gc.ca/paom-itmb/default.asp?lang=En&n=8D910CAC-1

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Comment # Category Comment Response Table 1 or 2

6 Revision/ Avoidance Measures Document

For 2-B2 through 2-B5, Single pole replacement or removal, various habitats, wood turtle issues have caused numerous remobilizations for projects that are only partially covered by the no/low

A Wood Turtle Avoidance Measures document has been prepared and is linked to Activities 2-B2 through 2-B5 as well as other activities in Table 2.

2

7 Revision For 1-B2 and 1-B3 and 1-B4 Single pole replacement or removal, agricultural and maintained ROW/maintained UC and upland, add “or completed in 1 day” to the additional conditions

This language was added to activities 1-B2 and 1-B3. Single pole replacement, upland, was removed, since it was duplicative with the manicured ROW/UC category.

1

8 Revision For 1-B4, 1-B9 and 1-B11 Bore pit or other minor excavation, maintained ROW/maintained UC, horizontal/directional drilling and vegetation management for access and UC maintenance (selective clearing), limit excluded area for the Hine’s Emerald Dragonfly (HED)

Maintained ROW/maintained UC has been revised to manicured ROW/UC and the definition has been updated to clearly exclude wetlands. With that revision, HED no longer needs to be excluded for this type of habitat. Also, for other habitat types, "excludes wetland/aquatic habitats" has been added to the additional conditions for several activities.

1

9 Forms Add the ability to sign the ER Review Verification Form electronically

The form can now be signed electronically. NA

10 Definitions Hyperlink to definitions The definitions used throughout the tables are now hyperlinked.

Both

11 Revision Change "All activities" to "Any activity not otherwise listed" in 1-A13 and 2-A11

This change was made. Both

12 Revision Add other types of installations to the open cut trenching activity (1-B16)

This activity description (now 1-B17) was revised to: Includes installation, replacement or maintenance of underground utilities.

1

13 Correction In Table 2, the OBT ‘docment’ is misspelled. The correction has been made. 2

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14 Avoidance Measures Documents

Add a cricket frog Avoidance Measures Document

A Cricket Frog Avoidance Measures document has been prepared and is linked to certain activities in Table 2.

2

15 New Activity Add Barrel burns as a new general activity This activity has been added as Activity 1-A23. 1

16 New Activity I do think that it would be nice to have a 5th category for cell tower construction and maintenance, since there are so many different variables (i.e. actual new tower construction, new collocations to buildings, water towers, and other non-tower structures) that include many of the Table 1 low impact activities (i.e. excavations, building and tower foundations, fencing, access roads, new AG or BB utilities from the right-of-ways, landscaping, removing trees). This would become really clear and easy to follow the guidelines if we had a Telecommunications Facility [category]

New activities have been added to Tables 1 and 2 for new tower construction and for collocations to buildings/water towers/other existing non-tower structures. The Telecommunications Facility activities have been moved to the end of Section B and a subheading “Utility Activities—Telecommunications Facilities” has been added.

Both

17 Revision Add "maintained ROW/maintained UC" to the pipeline maintenance activities

Manicured ROW/UC has been added as an additional habitat type to the Pipeline Maintenance Activities that previously only covered agricultural habitat, 1-B20 and 2-B25.

Both

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18 Definitions The current biggest struggle with the BITP/A is determining and proving that an area is "manicured and maintained" as defined in the BITP/A definitions. This is hard to determine for road shoulders and roadside ditches.

Maintained/manicured has been changed to manicured/mowed to eliminate conflicting definitions. We acknowledge that it can be difficult to know whether the height of the vegetation has been maintained at less than 6 inches. Other definitions were considered; however, it was determined that it is also difficult to determine whether an area has a regular schedule of maintenance. If you are unsure as to whether or not an area qualifies as manicured or mowed, we recommend that you submit a review.

Both

19 Long linear spreadsheet

Merge the two so that only the non-covered taxa groups are in the long linear spreadsheet

All of the species that come up in the Portal need to be addressed in the spreadsheet. The spreadsheet can be skipped and the ER Verification Form used only if all Taxa groups/species are covered by the no/low.

NA

20 Revision Look into adding Access for other habitat types

Agriculture was added as a habitat type to Activity 2-B26.

2

21 Revision Minimize the language for single pole replacement and maybe add back in an average of one pole per mile

Language was streamlined in both Table 1 (1-B1) and Table 2 (2-B2). One pole per mile was not added in order to be consistent with other activities listed in the no/low that are limited by square footage of impact.

Both

22 Definitions Add definition for Project, add "does not include wetlands" to definition of maintained ROW

A definition for project has been added. NA

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23 Definitions Look at revising our definition of ‘maintained vs. ‘manicured’ – from a utility’s perspective, a maintained ROW is one that goes through vegetation management on a ~5 year cycle

See response to Comment #18 above. NA

24 New Activity Include PTC monopoles in Transportation section

This activity has been added as 1-C26. 1

25 Revision For the Access activities, change "Off and/or along" to "Within"

This change has been made to Activities 1-B22 and 2-B26.

Both

26 General Comment

A consistent scientific assessment on the species from the SME, would help the outside ER Certified Individuals train field personnel. This would help ensure better compliance when the field personnel would know that the avoidance measures are the same, year in and year out.

Guidance is only changed when necessary based on new scientific evidence. Recent changes that were made to the Wood Turtle guidance document provided for a larger date range for completing projects.

NA

27 Revision For Activity 2-B17, I find it odd that there are such strict restrictions on terrestrial invertebrates, where other more invasive activities such as Vegetation Management and 2-B28 do not have this restriction. What is the reasoning there? Note, this restriction is not under Activity 1-B11 which covers the same activity type, adding to inconsistency.

The restriction on terrestrial invertebrates has been removed from Activity 2-B17.

2

28 Revision Clarify habitat types for the line clearance activity

Urban/residential and manicured ROW/UC were added as habitat types for Activity 2-B18.

2

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29 Revision What would be the best activity, either Table 1 or 2, for a site visit of the project team to review engineering and construction scope? Often times teams visit the project site 3 or 4 times to plan for the project. This can involve use of UTV’s, trucks, etc. I see categories under both Table 1 and 2 that sound like it would fit this type of activity, however, their descriptions and restrictions by taxa are inconsistent. I could see the following fitting this type of ‘survey’ work: 2-B31, 2-B30, 2-B26, 1-A3.

Activity 2-B27, Aboveground inspections, surveys, minor maintenance and repair, would be the best fit for the work you’re describing. In reviewing your comment, the activity for Annual Inspections was removed from Table 2 since it was determined to be duplicative with 2-B27.

2

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Broad Incidental Take Permit/Authorization – No/Low Impact Activities

Table of Contents

Page Introduction

Background i Coverage i Process i Reporting ii Definitions of Terms ii

Tables

Table 1 A. General Activities 1 B. Utility Activities 3 Telecommunication Facilities 6 C. Transportation Activities 7 D. Natural Resources Conservation Service (NRCS)

Standard Practices 9

NRCS Standard Practices (A-C) 9-11 NRCS Standard Practices (D-H) 12-14 NRCS Standard Practices (I-P) 15-17 NRCS Standard Practices (R-S) 17-19 NRCS Standard Practices (T-W) 19-22 Notes 22

Table 2

(for use by DNR Staff and ER Certified Reviewers only)

A. General Activities 1 B. Utility Activities 2

Telecommunication Facilities 5 C. Transportation Activities 5 D. NRCS Activities 6

Appendices (for use by DNR Staff and ER Certified Reviewers only)

Appendix A— Aquatic Insect Avoidance Measures Document Appendix B— Bird Avoidance Measures Document Appendix C— Blanchard’s Cricket Frog Avoidance Measures Document Appendix D— Fish Avoidance Measures Document Appendix E— Mussels Avoidance Measures Document Appendix F— Ornate Box Turtle Avoidance Measures Document Appendix G— Plant Avoidance Measures Document

Appendix H— Wood Turtle Avoidance Measures Document Appendix I— Overall Flowchart

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Broad Incidental Take Permit/Authorization – No/Low Impact Activities

Wisconsin Department of Natural Resources

INTRODUCTION

Background:

Endangered resources (ER) reviews are conducted and/or approved by the DNR for a wide variety of projects each year, ranging from large development projects to small maintenance projects. However, the Department recognizes that some of these projects will have no impact or a very low impact to endangered resources in Wisconsin and is therefore proposing to issue this broad incidental take permit (used by non-state agencies and individuals) and broad incidental take authorization (used by state agencies), as provided for under s. 29.604 Wis. Stats, to cover these situations. Examples of activities that are considered to have no impact or a low impact and are incorporated into this permit and authorization include land acquisitions, wetland delineations, sign installations and utility maintenance activities.

An incidental take permit or authorization is typically issued on a project-by-project basis, however a broad incidental take permit and authorization (BITP/A) was created for this situation so that separate applications, permit fees and public notice periods are not required. Coverage:

This BITP/A includes activities within four general categories:

A. General Activities

B. Utility Activities

C. Transportation Activities

D. Natural Resources Conservation Service (NRCS) Standard Practices Process:

Any individual, organization or agency whose activity meets all of the following components (see below) in Table 1, No/Low Impact List for All Species at All Times of the Year, is covered and does not need to conduct any further review for endangered resources.

Activity

Description

Additional Conditions

Please note, if the activity is part of a utility project that is already broken down into pre-defined segments, please

coordinate with the Utility Liaison to determine if these segments can be considered stand-alone projects.

Table 2, No/Low Impact List by Taxa Group, is designed for use by DNR Staff and ER Certified Reviewers only. Each

activity is broken down by Taxa Group. If the activity is covered for that particular Taxa Group, a check mark appears in

the column. If the activity is not covered for the entire Taxa Group, additional information is presented in the table, i.e.,

specific species not covered, see Avoidance Measure document, etc. If the activity is not covered for the entire Taxa

Group, “not covered” will appear in the cell.

Avoidance Measures documents have been prepared for the aquatic insect, bird, fish, mussel, and plant Taxa groups as

well as for the Blanchard’s cricket frog, the ornate box turtle and the wood turtle, to allow for an additional method for

a project to be covered by the no/low Broad ITP/A. These documents are included in Appendices A through H.

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If the activity is not covered by Table 1, Table 2 or the Avoidance Measures documents, it will require either an ER

review (for more information on ER reviews please see: http://dnr.wi.gov/topic/ERReview/Review.html) or the

submittal of a Proposed Certified ER Review.

If a project covered by the BITP/A requires other DNR permits, an ER Review Verification Form should be completed. The

ER Review Verification Form fulfills the requirement of an ER Review and should be attached to other permits to show

that ER requirements have been met.

Reporting:

Given the diverse nature of the activities, species and environmental conditions to which the BITP/A may be applied,

annual reporting will be required to monitor and verify the use and application of this Permit/Authorization. Reporting

will be required of all commercial, governmental or non-profit entities that conduct projects covered under the BITP/A.

This information will also be used for future amendments or modifications to the Permit/Authorization to ensure that it

achieves its objectives and remains relevant to the covered activities and species.

Responsible parties must place documentation in the project file when the BITP/A is utilized. They also must submit an

annual no/low BITP/A report to the Bureau of Natural Heritage Conservation (BNHC) documenting that their activities

were performed in accordance with the specifications, definitions and conditions defined herein.

For ER Certified Reviewers, the annual no/low BITP/A report can be included as an Attachment to the Certification

Annual Report.

Definitions of Terms:

Above ground facilities—Transformers, pedestals, switch fuse boxes, hand holes, pumping or valve stations or huts

Agricultural—Consists of cropland and farmstead land uses (see below).

Cropland—Fields are actively planted or have been in the previous year, does not include pasture (see below).

Emergency—An actual or imminent threat of significant harm to the environment or to public health or safety exists for

all or a portion of a project. Also includes a customer power or gas outage, or probable equipment failure leading to a

customer power or gas outage.

Farmstead—An agricultural production site which may contain any of the following: livestock production buildings and

associated lots, manure and feed storage structures, machine storage/repair facilities, residences and the site is

routinely disturbed by human and/or domestic animal activity.

Manicured/Mowed—Landscape is mowed, height of vegetation is less than 6 inches between mowings, does not

include wetlands. Typically includes flowerbeds, landscaped areas, residential lawns, golf courses and parks in urban or

residential areas. Could include right-of-ways (ROWs) and utility corridors (UCs) (see below), that meet the above

definition.

Open-cut trenching—Trench width from 12 to 24 inches, only covered by the no/low BITP in agricultural,

urban/residential and manicured ROW/UC land uses. An excavation method where the trench is cut into the ground

from the surface using traditional excavation equipment.

Pasture—Land (and the vegetation growing on it) devoted to the production of introduced or indigenous forage for

harvest by grazing, cutting, or both, currently or within the previous year.

http://dnr.wi.gov/topic/ERReview/Review.html

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Primitive Trail—A primitive trail shall be a minimally developed single-file trail with a maximum sustained cleared width

normally not exceeding 8 feet and a minimal tread width for the intended use, have a rough, ungraded bed where large

rocks, stumps and downed logs may be present. It primarily follows the natural topography, has no or few shallow cuts

and fills, and is surfaced with primitive or native materials, except for limited distances where environmental conditions

require the use of other materials. Modifications to the natural trail surface are limited to that which is minimally

necessary to provide essential environmental protection. (NR44.07(3)e)

Project—Work to complete a task within a contiguous area and set timeframe. A large project may be broken up into

smaller projects if there are naturally occurring breaks due to the project schedule, mobilizations/demobilizations or

based on mileage markers (as in the case of long linear projects). Requests to break up a large project should be

approved by the ERRP.

Road Right-of-way (ROW)—The area comprised of the driving surface (roadway), roadside shoulders and ditch, public

utilities, sidewalks, and traffic signals/signs.

Rock trenching (excluded from the no/low BITP)—open-cut trenching through rock using specialized equipment.

Spot herbiciding—Treatments applied through the use of backpack sprayers, spotguns or injectors. In general, this type

of application is used to individually treat woody stems, herbicide use is targeted to specific species and drift is

controlled.

Undisturbed/unmanicured—Land that is not maintained or mowed, examples include fallow fields (inactive 1 year or

more), natural/remnant areas, brownfields, conservation reserve program (CRP) fields, wetlands and waterbodies.

Upland –any non-wetland areas (see below).

Urban-Residential—Ground cover consists of impermeable surfaces and manicured lawns (see above).

Utility Corridor (UC)— A strip of land that a utility or telecommunication company uses to construct, maintain, or repair

an overhead or underground power line, communication cable, or gas pipeline. Includes space for the line itself along

with additional space buffering the line from nearby buildings and tall vegetation.

Utility Maintenance—the repair, replacement or reconstruction of a previously authorized utility facility within an

existing right-of-way or utility corridor (see above), but does not result in an increase of capacity or volume.

Utility Vegetation Management – Utility corridor vegetation removal activities are conducted on a 2-5 year cycle,

depending on the condition of the vegetation along each individual line. Methods include:

Non-selective Mechanical Mowing

Broadcast Foliar Application

Broadcast Soil-Active Application

Side Trimming – Work is typically completed through the use of bucket trucks, side-trimmers, or tree-climbers.

Aerial Saw – Similar to side trimming but involves the use of a helicopter mounted saw.

Vibratory plowing—trench widths range from 3 to 12 inches, uses a vibratory drive unit and blade attachment to

produce a slice in the soil. The vibrator rapidly oscillates, moving the blade a short distance vertically; this vibrating

action creates a fracture in the ground in front of the blade, substantially reducing the draft force required for the blade

to cut through the ground, as well as reducing resistance on the sides of the blade.

Wetland (defined in s. 23.24, Wis. Stats.)—an area where water is at, near or above the land surface long enough to be

capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wetland conditions.

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Broad Incidental Take Permit/Authorization

Table 1--No/Low Impact List for All Species at All Times of the Year

Activity Description Additional Conditions Rationale for Additional Conditions

A General Activities

1-A1 General AdministrationStrategic and operational planning, budget management, rule and policy

development, etc. None. Not applicable.

1-A2 Land Acquisition

Any type of land acquisition or ownership change including purchases,

sales, transfers, leases, easements, etc.Future activities on the land being acquired, sold,

etc. may require an ER Review. Not applicable.

1-A3 Project Planning

All types of project planning (e.g., design, engineering, mechanical).

Includes tree marking for future timber stand improvements or other

forestry work. None. Not applicable.

1-A4 Fish Hatchery OperationsIncludes all fish production and rearing activities that take place within a

fish hatchery. None. Not applicable.

1-A5 Rip Rap or Seawall Replacement

Repair or replacement of existing rip rap or seawalls. All impacts must be

within the existing footprint, work must be conducted from an upland

shoreline or barge.

Work must be conducted between September 1st

and April 15th.

Date limitations avoid impacts to

listed fish species during spawning

times. Work restrictions avoid take of

listed fish species.

1-A6Building Construction and/or Renovation

(see habitat types in Description)

Building construction (including all associated disturbance, below ground

excavation, material storage, access routes, etc.) that is occurring entirely

within agricultural land, manicured/mowed lawn or pavement.

Activities must be conducted >300 ft away from

undisturbed/unmanicured habitat, including

waterways, or between September 1st and

February 28th, except in Adams, Clark, Marathon,

Portage, Waushara and Wood Counties where the

dates are October 1st through February 28th. Also,

for below ground excavation from October through

April excludes the following counties: Calumet,

Crawford, Dane, Dodge, Door, Douglas, Florence,

Grant, Iowa, Iron, Jackson, La Crosse, Lafayette,

Manitowoc, Monroe, Pepin, Pierce, Polk, Richland,

Sauk, St. Croix, Trempealeau, Vernon, Washington

300' is the buffer area required to

avoid causing bird nest abandonment.

Time restriction includes avoidance

periods for all listed bird species,

listed counties include the range of

the Greater Prairie Chicken which has

a later avoidance period and for below

ground excavation, counties are listed

that contain bat hibernacula which are

not covered for this activity during the

hibernation period.

1-A7 Sign Installation

Includes trail signs, property signs, roadway signs, or similar activities that

contain up to 4 posts. Sign installation occurring off-road must be installed

by hand or small equipment and ATV. Heavy equipment may be used for

sign installation occurring along a roadway if all materials, vehicles and

heavy equipment remain within a roadway, parking lot or routinely

mowed area (i.e. mowed 1-3 weeks). None. Not applicable.

1-A8Fence installation (urban/residential and

agricultural) Installation of up to 1000' of fencing. None. Not applicable.

1-A9 Habitat Assessment On-site habitat assessment of a project area.

All vehicles and heavy equipment must remain on

existing roadways.

Additional conditions are to limit

potential impacts to listed species.

If your activity or practice is not listed in this table, your project requires further review by the Endangered Resources Review Program.

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1-A10 Wetland Delineation On-site wetland delineations of a project area.

All vehicles and heavy equipment must remain on

existing roadways.



1-A11 Temporary Stream Crossing

Any temporary stream crossing that doesn’t impact the stream below the

top of the bank or the streambed.

Bridge must be installed during frozen ground

conditions and remain in place a maximum of 160

days. Access is not included.

Restrictions avoid take of listed

aquatic species.

1-A12 Minor Excavation

Any underground excavation done by hand and limited in size to 5' long by

5' wide by 5' deep. Work must be occurring on private land.

Additional conditions are to protect

listed plants on public land (see Note

4).

1-A13

Any activity not otherwise listed,

performed in areas covered in crushed

stone, mowed lawn or other artificial

unconsolidated or paved surface.

These activities may be the same as some listed elsewhere in Table 1,

aside from the landcover or habitat conditions. Access through similar

land use type (crushed stone, mowed lawn or other artificial

unconsolidated or paved surface) is included.


undisturbed/unmanicured habitat, including

waterways, or between October 1st and February

28th.

Additional conditions avoid take of

listed bird and aquatic species.

1-A14 Vertical Landfill Expansion

Includes the vertical expansion of an existing, active landfill within the

existing footprint. None. Not applicable.

1-A15

Surveying—Boomshocker, Mini-

boomshocker, Stream towboat, Backpack

electrofishing, Gillnets, Kick sampling and

Trapnets See Fisheries Management Handbook for definitions. Report rare species, if found. Not applicable.

1-A16Fish Propagation and Stocking--Egg

Collection, Rearing, Stocking See Fisheries Management Handbook for definitions. None. Not applicable.

1-A17

Vegetation monitoring--Floristic Quality

Assessments, National Wetland Condition

Assessment Surveys, Wetland Identification

and Delineation

Walk-through surveys including non-destructive vegetation sampling,

digging up to four soil pits per 0.5 hectare assessment area for soil

sampling. Access through hiking, vehicles, canoe or boat. All vehicles must remain on existing roadways.



1-A18

Aquatic plant surveys--Point-intercept

aquatic macrophyte surveys and early

detection AIS meander surveys Includes use of modified rakeheads and net scoops for plant surveys. Report rare species, if found. Not applicable.

1-A19 Archaeological bucket sampling Includes the collection of up to 1 cubic foot of soil by hand. None. Not applicable.

1-A20 Floating/Eco Dock

Floating dock supported by up to four horizontal brackets installed into the

bank, on a case-by-case basis as determined by Water Quality permit.

Does not include projects with new seawall or other

anchoring structures.

Limitations are to avoid impacts to

listed mussel species.

1-A21Small Personal Piers/Single Piling/Pile

Clusters On a case-by-case basis as determined by Water Quality permit.

Must follow most current guidance for mussel

relocation prior to start of project.


listed mussel species.

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1-A22Pesticide applications on maintained

landscapes

Includes applications on nurseries, golf courses (maintained areas only)

and fish hatcheries.

Drift must be controlled to avoid impacts to

unmaintained areas.


listed species.

1-A23 Burn barrels

Includes the burning of only dry, nonrecyclable paper or cardboard and

untreated or non-painted wood products Follow burn barrel guidelines

Limitations are to avoid wildfires and

other health and environmental

impacts

B Utility Activities

1-B1Single pole replacement or removal (urban

and residential)

Any size structure where total permanent and temporary disturbance does

not exceed 2,500 ft2 per project and 200 ft2 per disturbance area.

Includes all activities needed for pole replacement. Replacement within

50 feet of the base of the existing structure and/or within 50 feet of the

existing centerline is included. Access through a similar land use type

(urban/residential) is included. No new ROW or UC is allowed. Access

through similar land use type (urban/residential) is included. None. Not applicable.

1-B2Single pole replacement or removal

(agricultural)

See description of Activity 1-B1. Access through a similar land use type

(agricultural) is included.

No new ROW or UC is allowed. Work must be

conducted >300 ft away from

undisturbed/unmanicured habitat or completed in

1 day or completed between October 1st and

February 28th.

Limitations are to avoid causing bird

nest abandonment.

1-B3Single pole replacement or removal

(manicured ROW/UC)


(manicured ROW/UC) is included.

No new ROW or UC is allowed. Work must be


undisturbed/unmanicured habitat or completed in

1 day or completed between October 1st and

February 28th.

Limitations are to avoid causing bird

nest abandonment.

1-B4Bore pit or other minor excavation

(manicured ROW/UC)

Total permanent and temporary disturbance does not exceed 2,500 ft2

per project. May be completed by hand, back-hoe or trencher. Access

through a similar land use type (manicured ROW/UC) is included.


undisturbed/unmanicured habitat or between

October 1st and February 28th.




periods for all listed bird species.

1-B5Bore pit or other minor excavation

(agricultural)


(agricultural) is included.








1-B6

Install, replace or maintain small

aboveground facilities including new single

pole installations (urban/residential,

agricultural, manicured ROW/UC)

Includes installation, replacement or maintenance of small above ground

facilities (e.g., transformers, pedestals, switch fuse boxes, hand holes,

pumping or valve stations, huts, etc.) where temporary and permanent

disturbance does not exceed 800 ft2 per project. Access through similar

land use type (urban/residential, agricultural, manicured ROW/UC) is

included.



October 1st and February 28th. Does not include

vegetation clearing.





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1-B7

Soil borings for soil sampling, monitoring

well or water supply well installation,

exploratory, geotechnical or other utility

purposes (urban/residential)

Total temporary and permanent disturbance may not exceed 200 ft2 per

disturbance area and total temporary and permanent disturbance may not

exceed 400 ft2 per project. May include selective cutting or brushing.

Access through similar land use type (urban/residential) is included.

From October through April excludes the following

counties: Calumet, Crawford, Dane, Dodge, Door,

Douglas, Florence, Grant, Iowa, Iron, Jackson, La

Crosse, Lafayette, Manitowoc, Monroe, Pepin,

Pierce, Polk, Richland, Sauk, St. Croix, Trempealeau,

Vernon, Washington

Counties listed contain bat

hibernacula which are not covered for

this activity during the hibernation

period.

1-B8

Soil borings for soil sampling, monitoring

well or water supply well installation,

exploratory, geotechnical or other utility

purposes (agricultural, manicured

ROW/UC)

See description of Activity 1-B7. Access through similar land use type

(agricultural, manicured ROW/UC) is included.



October 1st and February 28th. Also, from October

through April excludes the following counties:

Calumet, Crawford, Dane, Dodge, Door, Douglas,

Florence, Grant, Iowa, Iron, Jackson, La Crosse,

Lafayette, Manitowoc, Monroe, Pepin, Pierce, Polk,

Richland, Sauk, St. Croix, Trempealeau, Vernon,

Washington








period.

1-B9 Horizontal/Directional Drilling

Also see bore pits, which must be addressed separately. For

stream/wetland/waterway crossings, must have Emergency Action Plan in

place which conforms to DNR standards,

http://dnr.wi.gov/topic/dams/documents.html. Work conducted from

bank, no equipment in streambed. Access is not included, see Activity 1-

B22.

All depths must be >36". For

stream/wetland/waterway crossings: Excludes

wetland/aquatic habitat in the following counties:

Door, Grant, Iowa, Kewaunee (northern half),

Ozaukee, and Richland.

Depth restriction is protective of

hibernating herptiles. Counties listed

are within the range of the Hine's

Emerald Dragonfly which is not

covered in wetland/aquatic

environments.

1-B10

Wire stringing, pulling, reconductoring,

clipping, cable installation or maintenance

of existing above ground structures

(urban/residential).

May include selective cutting by hand for visibility or access. Access

through similar land use type (urban/residential) is included.

Work must be conducted within existing manicured

and traveled road ROW or from road.

Additional condition is to protect

nesting herptiles.

1-B11Vegetation management for access and UC

maintenance (selective clearing)

Hand-operated equipment (hedge trimmer, weed eater, chainsaw, etc.).

Access is not included, see Activity 1-B22.

Excludes the following counties: Ashland, Bayfield,

Forest, Oneida, Price, Sawyer and Vilas. Excludes

wetland habitat in the following counties: Door,

Grant, Iowa, Kewaunee (northern half), Ozaukee,

and Richland. Work must be conducted between

October 1st and February 28th if outside of

urban/residential areas.

Counties listed are within the range of

the American Marten and the Hine's

Emerald Dragonfly which are not

covered. Time restriction includes

avoidance periods for all listed bird

species.

1-B12

Pulling or blowing utility lines or

communication cable with duct already

installed

Ductwork has already been installed and cable, fiberoptic, gas or electric

lines are pushed through with air created by pumps or pulled through by

hand. Machines or equipment are relatively small requiring 1-3 people.

Access is not included, see Activity 1-B22. None. Not applicable.

Page 4 of 22 Last rev. 03/09/2016






















http://dnr.wi.gov/topic/dams/documents.html

















DRAFT





1-B13

Install, maintain or replace pole anchors,

guy wires or ground rods

(urban/residential)

Typically up to 20 structures within 20 miles segment. Up to 14" diameter

screw auger embedded up to 40' in depth with a cap at the ground level

with the rod attached to it, or ground rods up to 40' in depth using a

standard line vehicle or track vehicle.

From October through April excludes the following

counties: Calumet, Crawford, Dane, Dodge, Door,

Douglas, Florence, Grant, Iowa, Iron, Jackson, La

Crosse, Lafayette, Manitowoc, Monroe, Pepin,

Pierce, Polk, Richland, Sauk, St. Croix, Trempealeau,

Vernon, Washington.




period.

1-B14

Install, maintain or replace pole anchors,

guy wires or ground rods (manicured

ROW/UC, agricultural) See description of Activity 1-B13.

Work completed in one day or activities must be



October 1st and February 28th. October through

April excludes the following counties: Calumet,

Crawford, Dane, Dodge, Door, Douglas, Florence,

Grant, Iowa, Iron, Jackson, La Crosse, Lafayette,

Manitowoc, Monroe, Pepin, Pierce, Polk, Richland,

Sauk, St. Croix, Trempealeau, Vernon, Washington.

One day work limit/buffer/avoidance

dates are to avoid bird nest

abandonment. Counties listed contain

bat hibernacula which are not covered

for this activity during the hibernation

period.

1-B15 Annual Inspections

Involves use of an ATV or truck for maintenance patrolling. Access through

and work within existing manicured ROW/UC or from road.

Excludes the following counties: Columbia, Dane,

Grant, Green, Iowa, Richland, Rock and Sauk


the Ornate Box Turtle.

1-B16

Various types of plowing with a width up to

12 inches (urban/residential, agricultural,

manicured ROW/UC)

Involves the direct underground installation of utility and communications

cable and conduit. Access through similar land use type

(urban/residential, agricultural, manicured ROW/UC) is included.

Equipment must be continuously moving through

project area.

Equipment limitation is to avoid bird

nest abandonment due to continuous

noise levels.

1-B17

Install, replace or maintain any UG utility

through open cut trenching (12-24" trench

width) (urban/residential, agricultural,

manicured ROW/UC)

Includes installation, replacement or maintenance of underground

utilities. Does not include rock trenching or static plow. Total temporary

and permanent disturbance does not exceed 2,500 ft2 per project. Access

through similar land use type (urban/residential, agricultural, manicured

ROW/UC) is included.


undisturbed/ unmanicured habitat or between

October 1st and February 28th. Does not include

vegetation clearing.





1-B18 Line clearance projects

Involves driving a bucket truck or lower impact vehicle (tracked vehicle,

ARGO, ATV, etc.) along overhead utility lines; selective brush and tree limb

clearance for line maintenance. Access through and work within existing

manicured ROW/UC is included.

Work must be conducted between October 1st and

February 28th if outside of urban/residential areas.

Excludes Columbia, Dane, Grant, Green, Iowa,

Richland, Rock and Sauk Counties.





1-B19Stringing new OH conduit (manicured

ROW/UC)

Maintenance activity for existing overhead line. Access through similar

land use type (manicured ROW/UC) is included.

Equipment must be continuously moving through

project area, within existing manicured and traveled

road ROW. Excludes Columbia, Dane, Grant, Green,

Iowa, Richland, Rock and Sauk Counties.

Equipment limitation is to avoid bird

nest abandonment due to continuous

noise levels. Counties listed are within

the range of the Ornate Box Turtle.

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1-B20Pipeline maintenance activities

(urban/residential)

The purpose of pipeline maintenance activities is to inspect and, if

necessary, repair the pipeline. It is estimated that the size of each

excavation will be up to 60-80’ long, 30-40’ wide, and 10’ deep. Includes

site grading, clearing and restoration activities. Access through similar land

use type (urban/residential) is included. None. Not applicable.

1-B21Pipeline maintenance activities (agricultural

and manicured ROW/UC)

See description of Activity 1-B21. Access through similar land use type

(agricultural and manicured ROW/UC) is included.

No new ROW or UC is allowed. Activities must be








1-B22 Access Within manicured ROW/UC to work segment(s). Existing access.

Excludes the following counties: Columbia, Dane,

Grant, Green, Iowa, Richland, Rock and Sauk.



1-B23 Spanning waterways with overhead lines

Involves two trucks on either side of the waterway and a boat in the

waterway to assist in installation. None. Not applicable.

1-B24Placement and removal of construction

matting (agricultural, manicured ROW/UC)

For access and various activities (examples include: work around a pole,

trenching, across agricultural lands to avoid soil mixing, to cross road

ditches), up to 1 mile. Does not include access, which is a separate activity,

see Activity 1-B22.

If outside urban/residential areas, work must be

conducted between October 1st and February 28th

(for Columbia, Dane, Grant, Green, Iowa, Richland,

Rock and Sauk Counties the allowable dates are

October 20th through February 28th).





B

1-B25New Cell Tower Construction (see habitat

types in Description)

Tower construction (including all associated disturbance, below ground

excavation, material storage, access routes, etc.) that is occurring entirely

within agricultural land, manicured/mowed lawn or pavement. Tower

must be less than 200 feet above ground level, unguyed, unlit (if FAA

regulations permit) and of monopole or lattice construction.



September 1st and February 28th, except in Adams,

Clark, Marathon, Portage, Waushara and Wood

Counties where the dates are October 1st through

February 28th. For additional Federal guidelines,

click here.




periods for all listed bird species,

listed counties include the range of

the Greater Prairie Chicken which has

a later avoidance period.

1-B26Communication Tower

Collocations/Repairs

Collocation to or repairs on an existing tower with no tower height

increase and no expansion outside of the existing compound.

For collocations or repairs on buildings or

structures, see Activity 1-B27. Not applicable.

1-B27 Collocations/Repairs Non-Tower Structures

Collocation to existing buildings/water towers/other non-tower structures

with no structure height increase and no expansion outside of the existing

compound.

For buildings 5 stories in height or more, work must

be conducted between August 1st and February

28th.


listed bird species.

Utility Activities--Telecommunication Facilities

Page 6 of 22 Last rev. 03/09/2016































http://www.fws.gov/mIgratorybirds/PDFs/USFWS2013RevisedGuidanceCommTowers27Sept13.pdf








DRAFT





C Transportation Activities

1-C1 Bridges--Geologic/Geotechnical Boring Boring at or adjacent to bridges to determine subterranean geology.

All materials must be contained, None dropped in

water.


listed aquatic species.

1-C2 Bridges--Repave Existing Structure Paving of existing bridge structure and approaches

All materials must be contained, None dropped in

water.


listed aquatic species.

1-C3 Building Construction See Activity 1-A6

1-C4 Culvert extensions Adding additional length to existing culverts on one or both ends.

Follow WR permit conditions, disturbance must be

kept to a minimum and completed in 1-2 days.

Additional requirement is to limit


1-C5 Culvert removals, installation of linings

Removal of existing culvert with no replacement, or installation of culvert

lining.


kept to a minimum and completed in 1 day.



1-C6 Culvert replacement, previously permitted

Replacement of existing, previously permitted culvert with same or

similarly sized culvert, type may change

Must meet Waterway Protection exemption

requirements. Work to be conducted from June 2

through March 14.



1-C7 Culvert replacement, up to 24" diameter

Replacement of existing culvert, not to exceed 24 inches in diameter, span

or width

Must meet Waterway Protection exemption

requirements. Work to be conducted from June 2

through March 14.



1-C8 Wingwalls (new or replacement)

Addition of wingwalls or replacement of existing wingwalls to culvert or

bridge.


kept to a minimum and completed in 1-2 days.



1-C9 Fence/Beam Guard Installation

Includes roadway fencing, beam guards, and similar structures along

roadways. Heavy equipment may be used for fence installation occurring

along a roadway if all material, vehicles and heavy equipment remain

within or adjacent to a roadway, parking lot or routinely mowed area (i.e.

mowed 1-3 weeks).

May not occur during turtle nesting and incubation

period (May 20 through September 18).



1-C10 Silt Fence Installation

Installation of silt fence according to standard DOT specifications unless

special provisions are noted. None. Not applicable.

1-C11 Vegetation management for maintenance See Activity 1-B11 See Footnote 4.

1-C12 Habitat Assessment or Wetland Delineation See Activity 1-A9 (Habitat Assessment) or 1-A10 (Wetland Delineation)

1-C13 Mowing/Maintenance in Safety Zone

Mowing or maintenance required to maintain the safety zone along

roadways.

Maintain a minimum blade height of 100 mm from

May 20th through September 18th. Follow invasive

species restrictions when applicable.

To avoid impacting rare turtle species

and to reduce the spread of invasive

species.

1-C14Repave within Existing

Roadway/Driveway/Parking Lot

All disturbance must occur within the existing roadway, driveway or

parking lot. Material storage, vehicles and heavy equipment must remain

within the roadway, parking lot or routinely mowed area (i.e. mowed 1-3

weeks). None. Not applicable.

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DRAFT





1-C15 Repave and Re-grading Shoulders

All disturbance must occur within the roadway or existing shoulders.

Material storage, vehicles and heavy equipment must remain within the

roadway and shoulders, parking lot or routinely mowed area (i.e. mowed 1-

3 weeks). None. Not applicable.

1-C16 Reconstruct within existing roadway

Roadway reconstruction in urban settings may occur within existing

roadway or within curb and gutter or sidewalks

Follow Stormwater Permit conditions when

applicable



1-C17 Signage/Signals Installation

Installation of signs or signals along or within roadways or bike/pedestrian

trails. Includes roadway signs, trail signs, property signs, etc. that contain

up to 4 posts. Heavy equipment may be used for sign installation occurring

along or adjacent to a roadway if all material, vehicles and heavy

equipment remain within or along a roadway or routinely mowed area

(i.e. mowed 1-3 weeks). Sign installation occurring off-road must be

installed by hand or small equipment and ATV. No silt fence required unless specified in plans. Not applicable.

1-C18 Signage/Signals Clearing & Grubbing

Removal of trees and shrubs in preparation for installation or to ensure

visibility. Heavy equipment may be used for sign installation occurring

along or adjacent to a roadway if all material, vehicles and heavy

equipment remain within or along a roadway or routinely mowed area

(i.e. mowed 1-3 weeks).

Clearing and grubbing outside the roadway or

mowed area may be done by hand or use of small

equipment.



1-C19 Terrace and Median Alterations, Planting

All disturbance must occur within routinely manicured areas, non-

permeable surfaces, etc. Material storage, vehicles and heavy equipment

must remain within a roadway, parking lot or routinely mowed area (i.e.

mowed 1-3 weeks). None. Not applicable.

1-C20 Sidewalk replacement or modification

Replacement or modification of sidewalks, addition of curb ramps, and

other modifications to meet ADA standards None. Not applicable.

1-C21 Urban Intersection Improvements

All disturbance must occur within routinely manicured areas, non-

permeable surfaces, etc. Material storage, vehicles and heavy equipment

must remain within a roadway, parking lot or routinely mowed area (i.e.

mowed 1-3 weeks). None. Not applicable.

1-C22 Existing Trail Maintenance

Includes the removal of fallen trees and routine mowing of maintained

trails through the use of hand-held equipment or push mowers. None. Not applicable.

1-C23 Existing trail-Resurfacing

Resurfacing of existing trail using similar materials and within existing

footprint. None. Not applicable.

1-C24 Primitive Trail Development

Includes hand installation of Primitive Trail. Applies to the following

habitat/land use types: agricultural, manicured/mowed areas, existing fire

roads or existing social use trails. None. Not applicable.

Page 8 of 22 Last rev. 03/09/2016






DRAFT





1-C25 Existing Trail--Bridge Replacement

Replacement of existing bridge using similar materials and within existing

footprint. None. Not applicable.

1-C26Installation of Positive Train Control (PTC)

Monopoles

Monopole construction (including all associated disturbance, below

ground excavation, material storage, access routes, etc.) that is occurring

entirely within previously disturbed railroad right-of-way. Tower must be

equal to or less than 100 feet above ground level, unguyed and unlit. None. Not applicable.

D

1-D1 Access Control NRCS Conservation Practice Standard - Code # 472 No impact on all landscapes. Not applicable.

1-D2 Access Road NRCS Conservation Practice Standard - Code # 560

Practice is low impact on Cropland and Farmstead;

however, requires further review on Pasture and

Undisturbed/Unmanicured Areas.

Additional requirement for Pasture

and Undisturbed/Unmanicured Areas

is due to the increased species

diversity in these habitats since these

lands are not routinely

maintained/disturbed .

1-D3 Agrichemical Handling Facility NRCS Conservation Practice Standard - Code # 309










1-D4 Alley Cropping NRCS Conservation Practice Standard - Code #311










1-D5Amendments for Treatment of Agricultural

Waste NRCS Conservation Practice Standard - Code # 591 No impact on all landscapes. Not applicable.

Natural Resources Conservation Service (NRCS) Standard Practices

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DRAFT





1-D6 Anaerobic Digester NRCS Conservation Practice Standard - Code # 366










1-D7 Animal Mortality Facility NRCS Conservation Practice Standard - Code # 316










1-D8 Animal Trails and Walkways NRCS Conservation Practice Standard - Code # 575










1-D9 Closure of Waste Compounds NRCS Conservation Practice Standard - Code # 360 No impact on all landscapes. Not applicable.

1-D10 Composting Facility NRCS Conservation Practice Standard - Code # 317










1-D11 Conservation Cover NRCS Conservation Practice Standard - Code # 327










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1-D12 Conservation Crop Rotation NRCS Conservation Practice Standard - Code # 328










1-D13 Contour Buffer Strips NRCS Conservation Practice Standard - Code # 332










1-D14 Contour Farming NRCS Conservation Practice Standard - Code # 330










1-D15 Cover Crop NRCS Conservation Practice Standard - Code # 340










1-D16 Critical Area Planting NRCS Conservation Practice Standard - Code # 342










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DRAFT





1-D17 Diversion NRCS Conservation Practice Standard - Code # 362










1-D18 Drainage Water Management NRCS Conservation Practice Standard - Code # 554










1-D19Early Successional Habitat Development &

Management NRCS Conservation Practice Standard - Code #647

Only for shearing performed on frozen ground.

Excludes the following counties: Adams, Buffalo,

Clark, Columbia, Door, Jackson, Jefferson, Juneau,

Kenosha, La Crosse, Marinette, Milwaukee,

Monroe, Oconto, Pepin, Racine, Rock, Sauk,

Sheboygan, Trempealeau, Walworth, Washington,

Waukesha, Wood

Listed counties include the ranges of

the Eastern Massasauga, Eastern

Ribbonsnake and Western

Ribbonsnake which are not covered.

1-D20 Farmstead Energy Improvement NRCS Conservation Practice Standard - Code # 374 No impact on all landscapes. Not applicable.

1-D21 Feed Management NRCS Conservation Practice Standard - Code # 592 No impact on all landscapes. Not applicable.

1-D22 Fence NRCS Conservation Practice Standard - Code # 382










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DRAFT





1-D23 Field Border NRCS Conservation Practice Standard - Code # 386










1-D24 Filter Strip NRCS Conservation Practice Standard - Code # 393










1-D25 Firebreak NRCS Conservation Practice Standard - Code # 394










1-D26 Forage and Biomass Planting NRCS Conservation Practice Standard - Code # 512










1-D27 Forage Harvest Management NRCS Conservation Practice Standard - Code # 511










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DRAFT





1-D28 Grade Stabilization Structure NRCS Conservation Practice Standard - Code # 410










1-D29 Grassed Waterway NRCS Conservation Practice Standard - Code # 412










1-D30 Heavy Use Area Protection NRCS Conservation Practice Standard - Code # 561










1-D31 Hedgerow Planting NRCS Conservation Practice Standard - Code # 422










1-D32 Herbaceous Weed Control NRCS Conservation Practice Standard - Code # 315










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DRAFT





1-D33 Integrated Pest Management NRCS Conservation Practice Standard - Code # 595










1-D34 Irrigation Pipeline NRCS Conservation Practice Standard - Code # 430










1-D35 Irrigation System, Microirrigation NRCS Conservation Practice Standard - Code # 441 No impact on all landscapes.







1-D36 Irrigation System, Sprinkler NRCS Conservation Practice Standard - Code # 442










1-D37 Irrigation System, Tailwater Recovery NRCS Conservation Practice Standard - Code # 447










1-D38 Irrigation Water Management NRCS Conservation Practice Standard - Code # 449 No impact on all landscapes. Not applicable.

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DRAFT





1-D39 Lined Waterway or Outlet NRCS Conservation Practice Standard - Code # 468










1-D40 Livestock Pipeline NRCS Conservation Practice Standard - Code # 516










1-D41 Mulching NRCS Conservation Practice Standard - Code # 484










1-D42 Nutrient Management NRCS Conservation Practice Standard - Code # 590










1-D43Prescribed Grazing (Managed Grazing -

Wisconsin) NRCS Conservation Practice Standard - Code # 528










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DRAFT





1-D44 Pumping Plant NRCS Conservation Practice Standard - Code # 533










1-D45Residue and Tillage Management--Mulch

Till NRCS Conservation Practice Standard - Code # 345










1-D46Residue and Tillage Management--No

Till/Strip Till/Direct Seed NRCS Conservation Practice Standard - Code # 329










1-D47Residue and Tillage Management--Ridge

Till NRCS Conservation Practice Standard - Code # 346










1-D48 Residue Management, Seasonal NRCS Conservation Practice Standard - Code # 344










1-D49 Roof Runoff Structure NRCS Conservation Practice Standard - Code # 558 No impact on all landscapes. Not applicable.

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DRAFT





1-D50 Roofs and Covers NRCS Conservation Practice Standard - Code # 367










1-D51 Seasonal High Tunnel Systems for Crops NRCS Conservation Practice Standard - Code # 798










1-D52 Sediment Basin NRCS Conservation Practice Standard - Code # 350










1-D53 Solid/Liquid Waste Separation Facility NRCS Conservation Practice Standard - Code # 632










1-D54 Spoil Spreading NRCS Conservation Practice Standard - Code #572










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1-D55 Stormwater Runoff Control NRCS Conservation Practice Standard - Code # 570










1-D56 Stripcropping NRCS Conservation Practice Standard - Code # 585










1-D57 Structure for Water Control NRCS Conservation Practice Standard - Code # 587










1-D58 Subsurface Drain NRCS Conservation Practice Standard - Code # 606










1-D59 Terrace NRCS Conservation Practice Standard - Code # 600










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1-D60 Trails and Walkways NRCS Conservation Practice Standard - Code # 568










1-D61 Tree/Shrub Establishment NRCS Conservation Practice Standard - Code # 612










1-D62 Tree/Shrub Site Preparation NRCS Conservation Practice Standard - Code # 490










1-D63 Underground Outlet NRCS Conservation Practice Standard - Code # 620










1-D64 Upland Wildlife Habitat Management NRCS Conservation Practice Standard - Code # 645 Low impact on all landscapes.

Only applies to bluebird houses and

bat boxes.

1-D65 Vegetated Treatment Area NRCS Conservation Practice Standard - Code # 635










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1-D66 Waste Storage Facility NRCS Conservation Practice Standard - Code # 313










1-D67 Waste Transfer NRCS Conservation Practice Standard - Code # 634










1-D68 Waste Treatment NRCS Conservation Practice Standard - Code # 629










1-D69 Water and Sediment Control Basin NRCS Conservation Practice Standard - Code # 638










1-D70 Water Well NRCS Conservation Practice Standard - Code # 642










1-D71 Water Well Decommissioning NRCS Conservation Practice Standard - Code # 351 No impact on all landscapes.

Only applies when well is cased with

pipe.

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1-D72 Watering Facility NRCS Conservation Practice Standard - Code # 614










1-D73 Well Water Testing NRCS Conservation Practice Standard - Code # 355 No impact on all landscapes. Not applicable.

1-D74 Wetland Wildlife Habitat Management NRCS Conservation Practice Standard - Code # 644 Low impact on all landscapes.

Only applies to wood duck boxes and

wild rice seeding.

1-D75 Windbreak/Shelterbelt Establishment NRCS Conservation Practice Standard - Code # 380










1 ROW: Right-of-Way

2 UC: Utility Corridor

3

4

5

Notes:

Threatened and endangered plants are protected on public land except in the course of forestry or agricultural practices, in the construction, operation, or maintenance of a utility facility, or as part of bulk

sampling activities under s. 295.45. (Wis. Stat. 29.604). "Utility" is defined as including the production, transmission, delivery, or furnishing of electrical power, light, heat, water, natural gas, sewer, or

telecommunication services.

Emergency activities are covered by the fact that it is an emergency. An emergency is defined as an actual or imminent threat of significant harm to the environment or to public health or safety for all or a portion

of a project. Also includes a customer power or gas outage, or probable equipment failure leading to a customer power or gas outage.

This Broad ITP/A covers state-listed species only. It does not cover Federal species or species covered under the Migratory Bird Treaty Act or Golden and Bald Eagle Act. To determine if Federal species are located

within the vicinity of the project site, please refer to the USFWS’ website: www.fws.gov/Midwest/endangered/lists/wisc-cty.html. If a Federal species is located within the County of the project area, contact the

USFWS Twin Cities Field Office at (612) 725-3548 for further information and guidance.

Page 22 of 22 Last rev. 03/09/2016









































DRAFT


Table 2--No/Low Impact List by Taxa Group for DNR Staff and ER Certified Reviewers Only

Activity Description Taxa - Mammals Taxa - Herps Taxa - Birds Taxa - Fish Taxa - MusselsTaxa - Terrestrial

Inverts

Taxa - Aquatic

InvertsTaxa - Plants 1

A General Activities

2-A1 Any activity with no element occurrences (EOs).

Any activity with no element occurrences (EOs) when searched through NHI with

standard 1-mile (terrestrial and wetland species) and 2-mile (aquatic species)

buffers.

2-A2

Any upland activity with only mussel, fish and/or

aquatic insect species present.

The activity must be occurring entirely within upland habitat and only Aquatic

EOs--mussels, fish or aquatic insects, are present when searched through NHI

with standard 1-mile (terrestrial and wetland species) and 2-mile (aquatic species)

buffers. NA NA NA

See Avoidance

Measures

document

See Avoidance

Measures

document NA

See Avoidance

Measures document NA

2-A3 Hand Installation of Rip Rap or Biologs

Installation of rip rap or biologs when placed by hand. Heavy equipment can be

used nearby if all materials, vehicles and heavy equipment remain within a

roadway, parking lot, routinely mowed area (i.e. mowed 1-3 weeks) or on a

boat/barge.

Work must be

conducted

between May 1

and September 30

See Avoidance

Measures

document. Not covered Not covered

See Avoidance

Measures

document.

2-A4 Rip Rap or Seawall Replacement

Repair or replacement of existing rip rap or seawalls. All impacts must be within

the existing footprint, work must be conducted from an upland shoreline or

barge.

See Avoidance

Measures

document.

2-A5 Rip rap installation Includes the installation of up to 15 linear feet of rip rap

Must be

completed during

the active season

(5/1 to 9/30).

Area must be top

dressed or voids

must be filled

with small

diameter gravel.

See Avoidance Measures

document

See Avoidance

Measures

document.

2-A6

Building Construction and/or Renovation (see

habitat types in Description)

Building construction (including all associated disturbance, below ground

excavation, material storage, access routes, etc.) that is occurring entirely within

agricultural land, farmstead, manicured/mowed lawn or pavement.Excludes bat

hibernacula

For buildings 5 stories or

greater, peregrine not

covered.

Erosion control

required if within

300' of waterway

Erosion control

required if within

300' of waterway

2-A7 Building Demolition Full or partial building demolition.

For bats must

instead follow the

BITP for Cave Bats.



covered.

Erosion control

required if within

300' of waterway

Erosion control

required if within

300' of waterway

2-A8 Building RepairsExterior and interior repairs to existing buildings, such as window replacement,

gutter installation, painting, roof repair, interior renovation, electrical repair, etc.

For bats must

instead follow the

BITP for Cave Bats.



covered.

2-A9 Communication Tower Collocations/RepairsCollocation to or repairs on an existing tower, building or structure with no

overall height increase and no expansion outside of the existing compound. Peregrine not covered.

2-A10 Minor ExcavationAny underground excavation done by hand and limited in size to 5' long by 5'

wide by 5' deep.

See Avoidance

Measures

document.

2-A11

Any activity not otherwise listed performed in

areas covered in crushed stone, mowed lawn or

other artificial unconsolidated or paved surface.Access through similar land use type (crushed stone, mowed lawn or other

artificial unconsolidated or paved surface) is included.


document

Erosion control

required if within

300' of waterway

Erosion control

required if within

300' of waterway

2-A12 Vegetation management (upland)Includes mowing of woody vegetation between November 1 and March 14, using

existing access routes.American Marten

not covered.


document See Note 1.

2-A13 Vegetation management (wetland)Includes mowing of woody vegetation between November 1 and March 14, using

existing access routes.

Covers only

Slender Glass

Lizard and Wood

Turtles


document

Swamp metalmark

not covered. HED not covered. See Note 1.

Page 1 of 6 Last revised 03/09/2016





http://dnr.wi.gov/topic/erreview/itbats.html












DRAFT




Inverts

Taxa - Aquatic


2-A14

Vegetation management (spot herbiciding -

wetland) Spot application of herbicide, using existing access routes.

Swamp metalmark

not covered.

Only herbicides

approved for

aquatic and wetland

environments. HED

not covered. See Note 1.

2-A15

Vegetation management (spot herbiciding -

upland) Spot application of herbicide, using existing access routes.

See Grassland and

Savanna Protocols See Note 1.

2-A16 Target-specific pesticide use (uplands)

Includes frill girdle and basal bark applications, cut stump treatments, tree and

soil injections (including the use of injection axes), spot treatment and species-

specific treatments (i.e. sp. specific pheromone, sp. specific viral insecticides)

See Grassland and

Savanna Protocols

See Grassland and Savanna

Protocols

See Grassland and

Savanna Protocols

See Note 1 and

Grassland and

Savanna Protocols

2-A17 Target-specific pesticide use-PhragmitesIncludes cut-stem, spot spray application via backpack sprayer, and hand-wicking

applications. Also see definition for spot-herbiciding.

Excludes

Queensnake,

Eastern Massasauga,

Eastern/Western

Ribbonsnakes, for

BCF and Wood

Turtle see Avoidance

Measures doc


document

Swamp metalmark

not covered.

Only herbicides

approved for

aquatic and wetland

environments. HED

not covered.

Wicking should

occur when

phragmites exceed

height of desirable

native species, also

See Note 1.

B Utility Activities

2-B1 Any activity with no element occurrences (EOs).



buffers.

2-B2 Single pole replacement or removal (agricultural)

Any size structure where total permanent and temporary disturbance does not

exceed 2,500 ft2 per project and 200 ft2 per disturbance area. Includes all

activities needed for pole replacement. Replacement within 50 feet of the base

of the existing structure and/or within 50 feet of the existing centerline is

included. Access through a similar land use type (urban/residential) is included.

No new ROW or UC is allowed. Access through similar land use type (agricultural)

is included.

For Wood Turtle,

see Avoidance

Measures

document


document

No new ROW or

UC is allowed. See Note 1.

2-B3

Single pole replacement or removal (manicured

ROW/UC)See description of Activity 2-B2. Access through similar land use type (manicured


For Wood Turtle,

see Avoidance

Measures

document



2-B4 Single pole replacement or removal (upland)See description of Activity 2-B2. Does not include access, which is a separate

activity, see Activity 2-B26.

For BCF, OBT and

Wood Turtle see

Avoidance

Measures

documents


document

Within existing

manicured

ROW/UC or from

road. See Note 1.

2-B5 Single pole replacement or removal (wetland) See description of Activity 2-B2. Does not include access, which is a separate


For BCF and

Wood Turtle see

Avoidance

Measures

documents


document

Remove materials

generated by

excavation.

Implement

stormwater BMP's.

HED not covered.

No creosote or

other toxic materials

in any part of the

structure or

foundation. See Note 1.

2-B6 Bore pit or other minor excavation (agricultural)

Total permanent and temporary disturbance does not exceed 2,500 ft2 per

project. May be completed by hand, back-hoe or trencher. Access through

similar land use type (agricultural) is included. See Note 1.

2-B7 Bore pit or other minor excavation (upland)See description of Activity 2-B6. Does not include access, which is a separate


Excludes SGL,

Eastern Massasauga,

Eastern and

Western

Ribbonsnakes. For

OBT see Avoidance

Measures document


document

Terrestrial land

snails are not

covered. See Note 1.










http://dnr.wi.gov/topic/erreview/itgrasslands.html




















































DRAFT




Inverts

Taxa - Aquatic


2-B8 Bore pit or other minor excavation (wetland)See description of Activity 2-B6. Does not include access, which is a separate


Excludes

Queensnake,

Eastern Massasauga,

Eastern and

Western

Ribbonsnakes, BCF


document Implement BMPs Implement BMPs HED not covered. See Note 1.

2-B9

Install, replace or maintain small aboveground

facilities including new single pole installations

(urban/residential, agricultural, manicured

ROW/UC)

Includes installation, replacement or maintenance of small above ground facilities

(e.g., transformers, pedestals, switch fuse boxes, single pole installations, hand

holes, pumping or valve stations, huts, etc.) where temporary and permanent

disturbance does not exceed 800 ft2 per project. Access through similar land use

type (urban/residential, agricultural, manicured ROW/UC) is included.



2-B10



(upland)See description of Activity 2-B9. Does not include access, which is a separate


Excludes SGL,

Eastern Massasauga,

Eastern and

Western

Ribbonsnakes. For

OBT see Avoidance

Measures document


document

Terrestrial land

snails are not

covered. See Note 1.

2-B11



(wetland)See description of Activity 2-B9. Does not include access, which is a separate


Excludes

Queensnake,

Eastern Massasauga,

Eastern and

Western

Ribbonsnakes, BCF


document Implement BMPs Implement BMPs HED not covered. See Note 1.

2-B12

Open cut trenching (from 12" to 24" trench

width) (urban/residential, agricultural, manicured

ROW/UC)

Includes installation, replacement or maintenance of cable, gas and electrical

lines and water mains. Does not include rock trenching. Total temporary and

permanent disturbance does not exceed 2,500 ft2 per project. Access through

similar land use type (urban/residential, agricultural, manicured ROW/UC) is

included.



2-B13

Soil borings for soil sampling, monitoring well or

water supply well installation, exploratory,

geotechnical or other utility purposes

(agricultural, urban/residential, maintained road

ROW/maintained UC, upland and wetland)

Excavation may not exceed 100 ft2 per disturbance area and total temporary and

permanent disturbance may not exceed 400 ft2 per project. May include selective

cutting or brushing. Access through similar land use type (agricultural,

urban/residential, manicured ROW/UC) is included.Excludes bat

hibernacula

Excludes SGL,

Queensnake,

Eastern Massasauga,

Eastern/Western

Ribbonsnakes, for

OBT see Avoidance

Measures doc



2-B14 Horizontal/Directional Drilling

Also see bore pits, which must be addressed separately. For

stream/wetland/waterway crossings, must have Emergency Action Plan in place

which conforms to DNR standards,

http://dnr.wi.gov/topic/dams/documents.html. Work conducted from bank, no

equipment in streambed. Access is not included, see Activity 2-B26.

All depths must

be >36".


document

HED not covered in

wetland/aquatic

habitats. See Note 1.

2-B15 Stream Crossing - TCSB Placement and Removal

Placement and removal of temporary clear-span bridge. The activity will not

disturb the bank or below OHWM. Does not include access, which is a separate



document

See Avoidance

Measures

document.

HED not covered in

wetland/aquatic

habitats. No springs

present in affected

area. See Note 1.

2-B16 Barge crossing Includes access points, prop wash effects and barge spudding. Not covered Not covered See Note 1.

2-B17

Wire stringing, pulling, reconductoring, clipping,

OH OPGW or other communications cable

installation or maintenance (maintained road

ROW/maintained UC, agricultural).

May include vehicles up to bucket truck or equivalent. Existing aboveground

structures. Access through similar land use type (maintained road

ROW/maintained UC, agricultural) is included.

In road ROW see

OBT Avoidance

Measures


























































DRAFT




Inverts

Taxa - Aquatic


2-B18

Line clearance (urban/residential and manicured

ROW/UC)

Involves driving a bucket truck along utility corridor; selective brush and tree limb

clearance for line maintenance. Access through similar land use type

(urban/residential and manicured ROW/UC) is included.



2-B19

Vegetation management for access and existing

UC maintenance (selective clearing) Hand-operated equipment (hedge trimmer, weed eater, chainsaw, etc.) Access

through existing maintained ROW/maintained UC is included.American Marten

not covered.


document HED not covered. See Note 1.

2-B20

Vegetation management for access and UC

maintenance (urban/residential)

Vegetation clearing or management using forestry mowers, broadcast herbicides,

and similar equipment. Activity covers routine (within a 3-7 year rotation)

vegetation management to clear and maintain utility clearances and access.

Access through similar land use type (urban/residential) is included.



2-B21 Vegetation management (upland)

Includes utility vegetation management activities within existing road ROW/UC

conducted between November 1st and March 14th. Access through existing

manicured ROW/UC is included.American Marten

not covered.


document

See Grassland and

Savanna Protocols See Note 1.

2-B22 Vegetation management (wetland)

Includes utility vegetation management activities within existing road ROW/UC

conducted between November 1st and March 14th. Access through existing

manicured ROW/UC is included.

Covers only

Slender Glass

Lizard and Wood

Turtle


document

Swamp

metalmark not

covered.

Only herbicides

approved for

aquatic and wetland

environments. HED

not covered. See Note 1.

2-B23

Install, maintain or replace pole anchors, guy

wires or ground rods.

Typically up to 20 structures within 20 miles segment. Up to 14" diameter screw

auger embedded up to 40' in depth with a cap at the ground level with the rod

attached to it, or ground rods up to 40' in depth using a standard line vehicle or

track vehicle. Typically up to four anchors may be placed up to 50 feet away; or

up to 8 ground rods may be placed up to 20 feet from the base of the structure.

May consist of only replacing the guy-wire. Access through existing manicured

ROW/UC is included.Excludes bat

hibernacula

If outside of

urban/residential, see

Avoidance Measures

document

Within existing

maintained road

ROW or UC or

from road.

HED not covered in

wetland habitat. See Note 1.

2-B24

Stringing new OH conduit in maintained

ROW/maintained UCMaintenance activity for existing overhead line. Access through existing

maintained ROW/maintained UC is included.

For OBT, see

Avoidance

Measures

document



2-B25

Pipeline maintenance activities (agricultural and

manicured ROW/UC)

The purpose of a maintenance dig is to inspect and, if necessary, repair the

pipeline. It is estimated that the size of each excavation will be up to 60-80’ long,

30-40’ wide, and 10’ deep. Includes site grading, clearing and restoration

activities. Access through similar land use type (agricultural and manicured




2-B26 Access

Within manicured ROW/UC and agricultural land to work segment(s), includes

crossing of roadside swales. Existing access, includes up to 200 sq ft of clearing or

grading.

For OBT, see

Avoidance Measures

document, all other

herps covered for

non-clearing, non-

grading activities

For clearing or grading, see

Avoidance Measures

document

Covered for non-

clearing, non-

grading activities. See Note 1.

2-B27

Aboveground inspections, surveys, minor

maintenance and repair.

On foot, ATV, Argo, Bombardier ATV (<8X8), bucket truck or equivalent vehicles,

may include selective cutting by hand for visibility or access. Access through

existing manicured ROW/UC is included.

For OBT, see

Avoidance

Measures

document

For selective cutting, see

Avoidance Measures


2-B28 Minor restoration (wetlands)

To restore minor surface disturbances of up to 400 sq. ft. that can be accessed or

completed on foot with ATV or other small 4X4 low ground weight vehicle.

Includes reseeding, raking, removal of erosion control devices (i.e. silt fence, etc.)

and site cleanup. Does not include access, which is a separate activity, see

Activity 2-B26.


document

HED not covered.

May not include

toxic materials. See Note 1.


































































DRAFT




Inverts

Taxa - Aquatic


2-B29 Minor restoration (uplands)See description of Activity 2-B28. Does not include access, which is a separate


For OBT, see

Avoidance

Measures

document



2-B30

Placement and removal of construction matting

(wetlands)

For access and various activities (examples include: work around a pole,

trenching, across agricultural lands to avoid soil mixing, to cross road ditches), up

to 1 mile. Does not include access, which is a separate activity, see Activity 2-B26.

Requires that an E/T

permitted individual

walk in front of the

equipment to

remove E/T species

during the active

period. See note 10

below.


document HED not covered. See Note 1.

2-B31

Placement and removal of construction matting

(agricultural, maintained ROW/UC)See description of Activity 2-B30. Does not include access, which is a separate


For OBT, see

Avoidance

Measures

document



B

2-B32

New Cell Tower Construction (see habitat types

in Description)

Tower construction (including all associated disturbance, below ground

excavation, material storage, access routes, etc.) that is occurring entirely within

agricultural land, manicured/mowed lawn or pavement. Tower must be less than

200 feet above ground level, unguyed, unlit (if FAA regulations permit) and of

monopole or lattice construction.Excludes bat

hibernacula



2-B33 Collocations/Repairs Non-Tower StructuresCollocation to existing buildings/water towers/other non-tower structures with

no structure height increase and no expansion outside of the existing compound.

For Peregrine Falcons,

work must occur from 8/1

through 2/28 See Note 1.

C Transportation Activities

2-C1 Any activity with no element occurrences (EOs).



buffers.

2-C2 Painting, Priming, Sand BlastingSand blasting, priming, painting or equivalent activities on bridge structures.

Enclosed work area around/under bridge, asbestos restrictions when applicable.

For bats must

instead follow the

BITP for Cave Bats.

TOY restriction for

swallows.

2-C3 Building Demolition See Activity 2-A7

2-C4 Building Repairs See Activity 2-A8

2-C5 Existing Access Road/Trail Maintenance

Includes the removal of fallen trees and routine mowing of maintained access

roads, parking lots or trails through the use of hand-held equipment, push

mowers or riding lawn mowers.



2-C6 Primitive Trail Development (upland)Includes hand installation of primitive trail or boardwalk. See Definitions for

description of Primitive Trail.


document.

See Avoidance

Measures

document.

2-C7 Primitive Trail Development (wetland)Includes hand installation of primitive trail or boardwalk. See Definitions for

description of Primitive Trail.

Excludes

Queensnake,

Eastern Massasauga,

Eastern/Western

Ribbonsnakes, For


document. HED not covered.

See Avoidance

Measures

document.

2-C8 Reconstruct within existing roadway

Roadway reconstruction in residential settings, including associated utility

replacement, may occur within existing roadway or within curb and gutter or

sidewalks


document.

Erosion control

required if within

300' of waterway

Erosion control

required if within

300' of waterway

See Avoidance

Measures

document.

Utility Activities--Telecommunication Facilities
























DRAFT




Inverts

Taxa - Aquatic


D NRCS Activities

2-D1 Any activity with no element occurrences (EOs).



buffers.

Notes:

1

2

3

4

5

6

7

ROW: Right-of-Way

8

UC: Utility Corridor

9

10

11 BCF: Blanchard's Cricket Frog

12 SGL: Slender Glass Lizard

13 OBT: Ornate Box Turtle

Dates for herp active periods can be found at: http://wiatri.net/er/nhitraining/docs/HerpCalendar.pdf, with updates based on the current year's weather conditions provided here:

http://dnr.wi.gov/topic/WildlifeHabitat/Herps.asp#regs.

Emergency activities are covered by the fact that it is an emergency. An emergency is defined as an actual or imminent threat of significant harm to the environment or to public health or safety for all or a

portion of a project. Also includes a customer power or gas outage, or probable equipment failure leading to a customer power or gas outage.

Broad Incidental Take Permit for Cave Bats--http://dnr.wi.gov/topic/ERReview/ItBats.html.

A checkmark signifies that all species within this Taxa group are covered for the corresponding activity and an ER Review is not required. If any species within the Taxa group is not covered, additional notes will

appear in the cell.

HED: Hine's Emerald Dragonfly

Threatened and endangered plants are protected on public land except in the course of forestry or agricultural practices, in the construction, operation, or maintenance of a utility facility, or as part of bulk

sampling activities under s. 295.45. (Wis. Stat. 29.604). "Utility" is defined as including the production, transmission, delivery, or furnishing of electrical power, light, heat, water, natural gas, sewer, or

telecommunication services. If your activity is not exempt, see the Plant Avoidance Measures document.

If a species or Taxa group is not covered for an activity that involves ground disturbance, an ER Review will need to be completed or a Proposed ER Review submitted.

This Broad ITP/A covers state-listed species only. It does not cover Federal species or species covered under the Migratory Bird Treaty Act or Golden and Bald Eagle Act. If a Federal species came up in the NHI Portal search for this project, contact the USFWS Twin

Cities Field Office at (612) 725-3548 for further information and guidance. If this project involves Federal funding, please refer to the USFWS’ website: www.fws.gov/Midwest/endangered/lists/wisc-cty.html to determine if Federal species are located within the

County where the project is occurring.




http://www.fws.gov/Midwest/endangered/lists/wisc-cty.html





DRAFT

For use with Table 2 of the No/Low Broad Incidental Take Permit/Authorization and by DNR Staff and ER Certified Reviewers Only

Appendix A Avoidance Measures by Taxa Group—Aquatic Insects

Introduction Endangered resources (ER) reviews are conducted and/or approved by the DNR for a wide variety of projects each year, ranging from large development projects to small maintenance projects. However, the Department recognizes that some of these projects will have no impact or a very low impact to endangered resources in Wisconsin. Therefore, we have prepared this Avoidance Measures document for the Taxa Group Aquatic Insects in association with the Broad Incidental Take Permit/Authorization for No or Low Impact Activities in order to reduce the number of Proposed ER Reviews or ER Review Requests that are required to be submitted.

This document is intended for use by DNR Staff and ER Certified Reviewers. It provides limited avoidance measures, for additional avoidance measures contact the Endangered Resources Review Program, [email protected]. Please note, the below avoidance measures are required for aquatic insects listed as Threatened or Endangered and recommended for aquatic insects listed as Special Concern.

Avoidance Measures

In order to determine if your planned activity is covered under the Broad Incidental Take Permit/Authorization for No or Low Impact Activities, proceed through the following questions. 1. Is the project at least 300’ away from a waterway?

YES. Avoidance measures are met for aquatic insects. The project is covered by the Broad Incidental Take Permit for No or Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.

NO. Continue to question 2.

2. Is the project within 300’ of a waterway, but will not be impacting the streambed or streambank?

YES. Erosion control is required. With appropriate erosion control measures in place the project is covered by the Broad Incidental Take Permit for No or Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.

Please note that plastic or polypropylene netting associated with erosion matting (also known as an erosion control blankets or erosion mesh netting) without independent movement of strands can easily entrap snakes and other wildlife moving through the area, and cause dehydration, desiccation, and eventually mortality. Biodegradable

Page 1 of 3 Last rev. 03/09/2016

mailto:[email protected]







DRAFT



jute/twine netting with the “leno” or “gauze” weave (contains strands that are able to move independently) has the least impact on snakes.

If erosion matting will be used for this project, use the following matting (or something similar): American Excelsior “FibreNet” or “NetFree” products; East Coast Erosion biodegradable jute products; Erosion Tech biodegradable jute products; ErosionControlBlanket.com biodegradable leno weave products; North American Green S75BN, S150BN, SC150BN or C125BN; or Western Excelsior “All Natural” products.

NO (the streambed or streambank will be impacted). An ER Review is required, DNR staff—

complete an ER Review, Certified Reviewers--submit a Proposed ER Review to the ER Review Program.

Contacts For questions regarding the review process, contact Endangered Resources Review Staff at [email protected].


http://dnr.wi.gov/topic/ERReview/Contacts.html


DRAFT



Taxa Group—Aquatic insects, Avoidance Measures Flow Chart

YES


Erosion control is required. With appropriate erosion control measures in place the project is covered by the Broad Incidental Take Permit for No or Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form. Please note that plastic or polypropylene netting associated with erosion matting (also known as an erosion control blankets or erosion mesh netting) without independent movement of strands can easily entrap snakes and other wildlife moving through the area, and cause dehydration, desiccation, and eventually mortality. Biodegradable jute/twine netting with the “leno” or “gauze” weave (contains strands that are able to move independently) has the least impact on snakes. If erosion matting will be used for this project, use the following matting (or something similar): American Excelsior “FibreNet” or “NetFree” products; East Coast Erosion biodegradable jute products; Erosion Tech biodegradable jute products; ErosionControlBlanket.com biodegradable leno weave products; North American Green S75BN, S150BN, SC150BN or C125BN; or Western Excelsior “All Natural” products.

NO

1. Is the project at least 300’ away from a waterway?

An ER Review is required, DNR staff—complete an ER Review, Certified Reviewers--submit a Proposed ER Review to the ER Review Program.

NO (the streambed or streambank will be impacted)

Avoidance measures are met for aquatic insects. The project is covered by the Broad Incidental Take Permit for No or Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.

YES







DRAFT


Appendix B Avoidance Measures by Taxa Group—Birds


Introduction Endangered resources (ER) reviews are conducted and/or approved by the DNR for a wide variety of projects each year, ranging from large development projects to small maintenance projects. However, the Department recognizes that some of these projects will have no impact or a very low impact to endangered resources in Wisconsin. Therefore, we have prepared this Avoidance Measures document for the Taxa Group Birds in association with the Broad Incidental Take Permit/Authorization for No or Low Impact Activities in order to reduce the number of Proposed ER Reviews or ER Review Requests that are required to be submitted.

This document is intended for use by DNR Staff and ER Certified Reviewers. It provides limited avoidance measures, for additional avoidance measures contact the Endangered Resources Review Program, [email protected].

Please note, the avoidance periods and buffer distances referenced below are required for birds listed as Threatened or Endangered and recommended for birds listed as Special Concern. For the following bird species refer to the Grassland and Savanna Protocols for potential additional requirements: Bell’s Vireo, Greater Prairie Chicken, Henslow’s Sparrow, Kirtland’s Warbler, Loggerhead Shrike, Upland Sandpiper, and Yellow Rail.

Avoidance Measures

In order to determine if your planned activity is covered under the Broad Incidental Take Permit/Authorization for No or Low Impact Activities, proceed through the following questions. 1. Is the project occurring outside of the avoidance period for all listed birds (from October 1st through February 28th)?

YES. Avoidance measures are met for birds. The project is covered by the Broad Incidental

Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.


2. Is the project occurring outside of the avoidance period for the specific bird species encountered?

Refer to the Wisconsin Bird Nesting Dates for Species Tracked by the Natural Heritage Inventory to determine the dates for the particular bird species encountered.


http://dnr.wi.gov/topic/ERReview/ItGrasslands.html





http://dnr.wi.gov/topic/endangeredresources/documents/wisbirdnestingcalendar.pdf

http://dnr.wi.gov/topic/endangeredresources/documents/wisbirdnestingcalendar.pdf

DRAFT




YES. Avoidance measures are met for birds. The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.


3. Does the project site overlap the specific bird species EO or is it within 300 feet of suitable

habitat, which is the buffer distance that may cause nest abandonment?

YES. An ER Review is required, DNR staff—complete an ER Review, Certified Reviewers--submit a Proposed ER Review to the ER Review Program.

NO. If the project does not overlap a nest site or occur within the buffer distance, the project

will likely not impact the specific bird species. Avoidance measures are met. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.










DRAFT




Taxa Group—Birds, Avoidance Measures Flow Chart

YES

YES

1. 2. Is the project occurring outside of 2. the avoidance period for the 3. specific bird species encountered?

Avoidance measures are met for birds. The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.

NO

NO

1. Is the project occurring outside of the avoidance period for all listed birds (from October 1st through February 28th)?


NO

Avoidance measures are met for birds. The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.

4. 3. Does the project site overlap the specific bird species EO or is it within 300 feet of suitable habitat, which is the buffer distance that may cause nest abandonment?

If the project does not overlap a nest site or occur within the buffer distance, the project will likely not impact the specific bird species. Avoidance measures are met. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.

YES











DRAFT


Appendix C Avoidance Measures—Blanchard’s Cricket Frog


Introduction Endangered resources (ER) reviews are conducted and/or approved by the DNR for a wide variety of projects each year, ranging from large development projects to small maintenance projects. However, the Department recognizes that some of these projects will have no impact or a very low impact to endangered resources in Wisconsin. Therefore, we have prepared this Avoidance Measures document for the Blanchard’s Cricket Frog in association with the Broad Incidental Take Permit/Authorization in order to reduce the number of Proposed ER Reviews or ER Review Requests that are required to be submitted.

This document is intended for use by DNR Staff and ER Certified Reviewers. It provides limited avoidance measures, for additional avoidance measures contact the Endangered Resources Review Program, [email protected]. Avoidance Measures

In order to determine if your planned activity is covered under the Broad Incidental Take Permit/Authorization, proceed through the following questions. 1. Is the project occurring in non-shoreline, upland habitat, greater than 23 m (75 ft) from a lake,

pond, stream, river, wetland or other standing water?

YES. Avoidance measures are met for the Blanchard’s Cricket Frog. The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.


2. Is the project occurring in non-shoreline, upland habitat, greater than 15 m (50 ft) from a lake, pond, stream, river, wetland or other standing water, and during the inactive period for the Blanchard’s Cricket Frog (from December 1st through March 14th)? YES. Avoidance measures are met for the wood turtle. The project is covered by the Broad

Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.

NO. An ER Review is required, DNR staff—complete an ER Review, Certified Reviewers--submit a

Proposed ER Review to the ER Review Program.













DRAFT


Appendix C Avoidance Measures—Blanchard’s Cricket Frog


Blanchard’s Cricket Frog, Avoidance Measures Flow Chart

YES

4. 2. Is the project occurring in non-shoreline, upland habitat, greater than 15 m (50 ft) from a lake, pond, stream, river, wetland or other standing water, and during the inactive period for the Blanchard’s Cricket Frog (from December 1st through March 14th)?

5.

6. 7.

8.

Avoidance measures are met for the wood turtle. The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.

NO

1. 1. Is the project occurring in non-shoreline, upland habitat, greater than 23 m (75 ft) from a lake, pond, stream, river, wetland or other standing water?

2.

3.


NO

YES YES





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Appendix D Avoidance Measures by Taxa Group—Fish


Introduction Endangered resources (ER) reviews are conducted and/or approved by the DNR for a wide variety of projects each year, ranging from large development projects to small maintenance projects. However, the Department recognizes that some of these projects will have no impact or a very low impact to endangered resources in Wisconsin. Therefore, we have prepared this Avoidance Measures document for the Taxa Group Fish in association with the Broad Incidental Take Permit/Authorization for No or Low Impact Activities in order to reduce the number of Proposed ER Reviews or ER Review Requests that are required to be submitted.

This document is intended for use by DNR Staff and ER Certified Reviewers. It provides limited avoidance measures, for additional avoidance measures contact the Endangered Resources Review Program, [email protected]. Please note, the avoidance periods referenced below are required for fish listed as Threatened or Endangered and recommended for fish listed as Special Concern.

Avoidance Measures for Work within a Waterbody/Waterway (work outside of waterbodies/waterways can be covered by implementation of erosion and runoff prevention measures)

In order to determine if your planned activity is covered under the Broad Incidental Take Permit/Authorization for No or Low Impact Activities, proceed through the following questions. 1. Is the project occurring during the non-spawning period for all listed fish (from January

through mid-April or from September to October)? YES. Avoidance measures are met for fish. The project is covered by the Broad Incidental



2. Is the project occurring during the non-spawning period for the specific fish species

encountered?

Refer to the Wisconsin Fish Spawning Calendar for Species Tracked by the Natural Heritage Inventory to determine the dates for the particular fish species encountered.

YES. Avoidance measures are met for fish. The project is covered by the Broad Incidental

Take Permit for No or Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.






http://dnr.wi.gov/topic/endangeredresources/documents/fishhabitatinfo.pdf

http://dnr.wi.gov/topic/endangeredresources/documents/fishhabitatinfo.pdf



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NO. An ER Review is required, DNR staff—complete an ER Review, Certified Reviewers--

submit a Proposed ER Review to the ER Review Program with information for the specific fish species.

Contacts Sport fish requirements may also be necessary for water permits. If a project cannot be conducted due to the limitations of the combined dates, or for other questions regarding the review process, please contact Endangered Resources Review Staff at [email protected].



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Taxa Group—Fish, Avoidance Measures Flow Chart

YES

1. 2. Is the project occurring during the 2. non-spawning period for the 3. specific fish species encountered?

Avoidance measures are met for fish. The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.

NO

1. Is the project occurring during the non-spawning period for all listed fish (from Jan. to mid-April or Sep. to Oct.)?


NO

Avoidance measures are met for fish. The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.

YES









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Appendix E Avoidance Measures by Taxa Group—Mussels


Introduction Endangered resources (ER) reviews are conducted and/or approved by the DNR for a wide variety of projects each year, ranging from large development projects to small maintenance projects. However, the Department recognizes that some of these projects will have no impact or a very low impact to endangered resources in Wisconsin. Therefore, we have prepared this Avoidance Measures document for the Taxa Group Mussels in association with the Broad Incidental Take Permit/Authorization for No or Low Impact Activities in order to reduce the number of Proposed ER Reviews or ER Review Requests that are required to be submitted.

This document is intended for use by DNR Staff and ER Certified Reviewers. It provides limited avoidance measures, for additional avoidance measures contact the Endangered Resources Review Program, [email protected]. Please note, the below avoidance measures are required for mussels listed as Threatened or Endangered and recommended for mussels listed as Special Concern.

Avoidance Measures

In order to determine if your planned activity is covered under the Broad Incidental Take Permit/Authorization for No or Low Impact Activities, proceed through the following questions. 1. Is the project at least 300’ away from a waterway?

YES. Avoidance measures are met for mussels. The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.



YES. Erosion control is required. Please note that plastic or polypropylene netting associated

with erosion matting (also known as an erosion control blankets or erosion mesh netting) without independent movement of strands can easily entrap snakes and other wildlife moving through the area, and cause dehydration, desiccation, and eventually mortality. Biodegradable jute/twine netting with the “leno” or “gauze” weave (contains strands that are able to move independently) has the least impact on snakes.

If erosion matting will be used for this project, use the following matting (or something similar): American Excelsior “FibreNet” or “NetFree” products; East Coast Erosion biodegradable jute products; Erosion Tech biodegradable jute products;






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ErosionControlBlanket.com biodegradable leno weave products; North American Green S75BN, S150BN, SC150BN or C125BN; or Western Excelsior “All Natural” products.

NO (the streambed or streambank will be impacted). An ER Review is required, DNR staff—

complete an ER Review, Certified Reviewers--submit a Proposed ER Review to the ER Review Program.




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Taxa Group—Mussels, Avoidance Measures Flow Chart

YES

3. 2. Is the project within 300’ of a 4. waterway, but will not be impacting 5. the streambed or streambank? 6.

Erosion control is required. With appropriate erosion control measures in place the project is covered by the Broad Incidental Take Permit for No or Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form. Please note that plastic or polypropylene netting associated with erosion matting (also known as an erosion control blankets or erosion mesh netting) without independent movement of strands can easily entrap snakes and other wildlife moving through the area, and cause dehydration, desiccation, and eventually mortality. Biodegradable jute/twine netting with the “leno” or “gauze” weave (contains strands that are able to move independently) has the least impact on snakes. If erosion matting will be used for this project, use the following matting (or something similar): American Excelsior “FibreNet” or “NetFree” products; East Coast Erosion biodegradable jute products; Erosion Tech biodegradable jute products; ErosionControlBlanket.com biodegradable leno weave products; North American Green S75BN, S150BN, SC150BN or C125BN; or Western Excelsior “All Natural” products.

NO

1. 1. Is the project at least 300’ away 2. from a waterway?


NO (the streambed or streambank will be impacted)

Avoidance measures are met for mussels. The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.

YES






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Appendix F Avoidance Measures for the Ornate Box Turtle


Introduction Endangered resources (ER) reviews are conducted and/or approved by the DNR for a wide variety of projects each year, ranging from large development projects to small maintenance projects. However, the Department recognizes that some of these projects will have no impact or a very low impact to endangered resources in Wisconsin. Therefore, we have prepared this Avoidance Measures document for the Ornate Box Turtle in association with the Broad Incidental Take Permit/Authorization for No or Low Impact Activities in order to reduce the number of ER Reviews or Proposed ER Reviews that are required to be prepared.


Avoidance Measures

In order to determine if your planned activity is covered under the Broad Incidental Take Permit/Authorization for No or Low Impact Activities, proceed through the following questions. 1. Does the project involve only above-ground activities that do not disturb the soil?

YES. Continue to Question 2. NO. Skip to Question 3.

2. Is the project occurring during the inactive period for the Ornate Box Turtle (from October 21st to March 31st)? YES. The project is covered for any unintentional take that may occur and avoidance

measures are met for the Ornate Box Turtle. The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.

NO. Continue to Question 3.

3. Does the project involve only restoration or management activities and can the Grassland and Savanna Protocols be followed?

YES. The project is covered for any unintentional take that may occur and avoidance measures are met for the Ornate Box Turtle. The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.






http://dnr.wi.gov/topic/ERReview/Documents/GspOrnateBoxTurtle.pdf






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submit a Proposed ER Review to the ER Review Program.




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Ornate Box Turtle, Avoidance Measures Flow Chart

YES

3. Does the project involve only restoration or management activities and can the Grassland and Savanna Protocols be followed?

1.

The project is covered for any unintentional

take that may occur and avoidance measures are met for the Ornate Box Turtle. The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.

1. Does the project involve only above-ground activities that do not disturb the soil?


NO

2. Is the project occurring during the inactive period for the Ornate Box Turtle (from October 21st to March 31st)?

YES

NO NO

NO YES







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Appendix G Avoidance Measures by Taxa Group—Plants


Introduction

Endangered resources (ER) reviews are conducted and/or approved by the DNR for a wide variety of projects each year, ranging from large development projects to small maintenance projects. However, the Department recognizes that some of these projects will have no impact or a very low impact to endangered resources in Wisconsin. Therefore, we have prepared this Avoidance Measures document for the Taxa Group Plants in association with the Broad Incidental Take Permit/Authorization for No or Low Impact Activities in order to reduce the number of Proposed ER Reviews or ER Review Requests that are required to be submitted.

This document is intended for use by ER Certified Reviewers and DNR staff. It provides limited avoidance measures, for additional avoidance measures contact the Endangered Resources Review Program, [email protected].

Please note, the avoidance periods and buffer distances referenced below are required for Threatened and Endangered plants on public lands and recommended for Threatened and Endangered plants on private land and for Special Concern plants on any land type.

Avoidance Measures

In order to determine if your planned activity is covered under the Broad Incidental Take Permit/Authorization for No or Low Impact Activities, proceed through the following questions.

1. Is the specific plant species encountered a tree or a shrub?



2. Is the project occurring during frozen ground conditions with no impacts to the plant’s rootsystem?

YES. Avoidance measures are met for plants. The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.


3. Is the project crossing a public right-of-way or swale?

YES. Continue to Question 4.






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Page 2 of 3

Last rev. 03/09/2016

NO. Continue to Question 5.

4. Is one of the following plant species within the NHI buffer areas: Dotted Blazing Star, Dwarf Lake Iris, Dwarf Milkweed, Floating Marsh Marigold, Pale Green Orchid, Pale Purple Coneflower, Purple Milkweed, Sand Violet, Seaside Crowfoot, Small Yellow Water Crowfoot, or Wild Hyacinth?*


NO. Avoidance measures are met for plants. The project is covered by the Broad Incidental


5. Where frozen ground conditions are unreliable, is the project occurring late in the growing season after the specific plant species has gone to fruit, with no impacts to the plant’s root system?

Refer to the Biodiversity Pages for Wisconsin’s Rare Plants to determine the dates of the growing season for the particular plant species encountered.

YES. Avoidance measures are met for plants. The project is covered by the Broad Incidental





*Note: The plants listed in Question 4 are Threatened or Endangered. The following Special Concern species could also be encountered when crossing public right-of-ways or swales and are recommended to be considered: Cleft Phlox, Clustered Poppy-mallow, Clustered Sedge, Forked Aster, Grassleaf Rush , Hair-like Sedge, Hoary Tick-trefoil, Large-flowered Ground-cherry, Long-leaved Aster, Northern Bur-reed, Pale Beardtongue, Purple Meadow-parsnip, Round-fruited St. John’s-wort, Scarlet Loosestrife, Silky Prairie-clover, Silvery Scurf Pea, Small-flowered Woolly Bean, , Straw Sedge, Tea-leaved Willow, Vasey’s Rush, Virginia Meadow Beauty, Waxleaf Meadowrue, Wild Licorice and Yellow Giant Hyssop.





http://dnr.wi.gov/topic/EndangeredResources/Plants.asp







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Page 3 of 3

Last rev. 03/09/2016

Taxa Group—Plants, Avoidance Measures Flow Chart

YES

2. Is the project occurring during frozen ground conditions with no impacts to the plant’s root system?

1.

Avoidance measures are met for plants. The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.

NO

1. Is the specific plant species encountered a tree or a shrub?

NO

YES

3. Is the project crossing a public right-of-way or swale?

2.

4. Is one of the following plant species within the NHI buffer areas: Dotted Blazing Star, Dwarf Lake Iris, Dwarf Milkweed, Floating Marsh Marigold, Pale Green Orchid, Pale Purple Coneflower, Purple Milkweed, Sand Violet, Seaside Crowfoot, Small Yellow Water Crowfoot, or Wild Hyacinth?*

3.

5. Where frozen ground conditions are unreliable, is the project occurring late in the growing season after the specific plant species has gone to fruit, with no impacts to the plant’s root system?

NO

YES

YES


YES


NO

NO

Avoidance measures are met for plants. The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.









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Appendix H Avoidance Measures—Wood Turtle


Introduction Endangered resources (ER) reviews are conducted and/or approved by the DNR for a wide variety of projects each year, ranging from large development projects to small maintenance projects. However, the Department recognizes that some of these projects will have no impact or a very low impact to endangered resources in Wisconsin. Therefore, we have prepared this Avoidance Measures document for the Wood Turtle in association with the Broad Incidental Take Permit/Authorization in order to reduce the number of Proposed ER Reviews or ER Review Requests that are required to be submitted.


Avoidance Measures

In order to determine if your planned activity is covered under the Broad Incidental Take Permit/Authorization, proceed through the following questions. 1. Is the project occurring in non-shoreline, upland habitat, greater than 300 m (984 ft) from a

stream?

YES. Avoidance measures are met for the wood turtle. The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.


2. Is the project occurring in non-shoreline, upland habitat and during the inactive period for the

wood turtle (from November 1st through March 14th)? YES. Avoidance measures are met for the wood turtle. The project is covered by the Broad












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3. Is the project occurring in non-shoreline, upland habitat, greater than 75 m (246 ft) from a stream and between March 15th and May 14th or between October 15th and October 31st? YES. Avoidance measures are met for the wood turtle. The project is covered by the Broad











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Wood Turtle, Avoidance Measures Flow Chart

YES

4. 2. Is the project occurring in non- 5. shoreline, upland habitat and during 6. the inactive period for the wood 7. turtle (from November 1st through 8. March 14th)? 9. 10.

11.

Avoidance measures are met for the wood turtle. The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.

NO

1. 1. Is the project occurring in non- 2. shoreline, upland habitat, greater 3. than 300 m (984 ft) from a stream?


NO

YES YES

3. 3. Is the project occurring in non-shoreline, upland habitat, greater than 75 m (246 ft) from a stream and between March 15th and May 14th or between October 15th and October 31st?

YES

NO





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Last revised 03/09/16

Appendix I

Overall Flowchart No/Low Impact Broad Incidental Take Permit For DNR Staff and ER Certified Reviewers Only

NO

YES

ES

YES

2. Is the project listed in Table 2—No/Low Impact List by Taxa Group, and are the Additional Conditions able to be met?

NO

YES

1. Is the project activity listed inTable 1—No/Low Impact List for All Species at All Times of the Year, and are the Additional Conditions able to be met?

Proceed through the steps listed in the Avoidance Measures document(s) to determine if the activity is covered by the No/Low BITP/A.

YES

The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.

3. For the EOs listed within thePortal buffers of the project site, are the Taxa Groups covered in Table 2?

NO

2. 4. Is there an Avoidance Measures document for the Taxa Group(s) of the EO(s) listed for the project?

An ER Review is required, DNR staff—complete an ER Review, Certified Reviewers—submit a Proposed ER Review to the ER Review Program.

NO

YES

The project is covered by the Broad Incidental Take Permit for No and Low Impact Activities. Complete the ER Review Verification Form if applying for other DNR permits. Also, add the project to the Annual Report Form.

An ER Review is required, DNR staff—complete an ER Review, Certified Reviewers—submit a Proposed ER Review to the ER Review Program.

http://intranet.dnr.state.wi.us/int/land/er/nhi_portal/pdf/NoLowImpactbyTaxa.pdf


http://dnr.wi.gov/topic/ERReview/documents/NoLowImpactActivities.pdf#page=5

http://dnr.wi.gov/topic/ERReview/documents/NoLowImpactActivities.pdf#page=5








