Agenda - Council - 06/25/2013 - Laserfiche WebLink

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Enterprise Park to Crooked Lake 115 kV Transmission Line March 2012 Environmental Assessment alternative structures to reduce the likelihood of collisions. MnDNR and USFWS recommend the use of avian flight diverters along the transmission line segment that crosses the Rum River. MnDNR recommends that flight diverters should be placed on the shield wire not only where the Project crosses the river, but where the Project crosses the riparian area as well. If necessary, field surveys to obtain more route specific wildlife data will be completed once a route has been permitted in order to help minimize and mitigate potential impacts. Adjacent suitable habitat in the vicinity of the Project area would reduce displacement impacts to terrestrial wildlife species from the Project. 5.2.6. Rare and Unique Natural Resources/Critical Habitat Based on the MnDNR public database, it was determined that the Blanding's turtle and creek heelsplitter are both found in the vicinity of the Project. The Blanding's turtle has a Minnesota status of "threatened" and the creek heelsplitter has a Minnesota status of "special concern." Neither species are indicated as having a federal status. MnDNR has provided the Applicant with construction BMPs that reduce the potential to impact the Blanding's turtle. No federally -listed species were found in the Project area. Threatened and endangered species in Minnesota are protected from death, harm, and harassment under the Federal Endangered Species Act (ESA), as amended (16 U.S.C. §§ 1531 — 1544) and the Minnesota Endangered Species Statute (Minnesota Statutes, section 84.0895). Minnesota's Endangered Species Statute requires the MnDNR to adopt rules designating species meeting the statutory definitions of endangered, threatened, or species of concern. The Endangered Species Statute also authorizes the MnDNR to adopt rules that regulate treatment of species designated as endangered and threatened. These regulations are codified as Minnesota Rules, parts 6212.1800 to 6212.2300 and impose a variety of restrictions, a permit program, and several exemptions pertaining to the taking of species designated as endangered or threatened. The results of field studies and detailed project plans determine whether a takings permit is required. Mitigation — Rare and Unique Natural Resources/Critical Habitat The Applicant has stated that construction team members and contractors will be instructed on the potential to encounter Blanding's turtles and will be provided copies of the DNR's guidelines on minimizing impacts to the turtle's population. The creek heelsplitter is a mussel species of special concern, and is sensitive to degradations to water quality. The Applicant will be required by the MPCA NPDES permit erosion control plan to maintain sound erosion control practices in all, areas, including areas of likely mussel habitat. The Applicant would be required to maintain sound water and soil conservation practices during construction of the Project to protect topsoil and adjacent water resources and minimize soil erosion and sedimentation. The MnDNR encourages wildlife friendly erosion control mesh to be used during and following construction activities. Plastic mesh, particularly when placed where there are known locations of reptiles or amphibians, may be detrimental or even fatal to wildlife. 51