assessment of impacts and determination of effects to

Assessment of Impacts and Determination of

Effects to Threatened and Endangered Species

ND Port Services

Prepared for:

ACKERMAN-ESTVOLD ENGINEERING & MANAGEMENT CONSULTING, INC.

1907 17TH St. SE Minot, ND 58701

Prepared by:

WENCK ASSOCIATES, INC. 301 1st Street NE, Suite 202

Mandan, ND 58554 (701) 751-3370

Wenck File #2640-17-03 DECEMBER 2013

i I:\Technical\2640 Ackerman-Estvold\17 ND Port Services\03-Species Determinations\Assessment of Impacts and Determination of Effects to Threatened and Endangered Species_ND Port

Services_Wenck_AckermanEstvold_12202013.docx December 2013

Table of Contents

1.0 INTRODUCTION AND BACKGROUND ......................................................................... 1-1

1.1 Introduction ........................................................................................................ 1-1 1.2 Location............................................................................................................... 1-1 1.3 Federally Listed Resources in ward County ........................................................ 1-1 1.4 Project Description ............................................................................................. 1-1

1.4.1 ND Port Services Proposed Action ...................................................... 1-1 1.4.2 ND Port Services’ Proposed Project .................................................... 1-2 1.4.3 Rail Yard Facility Project Construction Activities ................................. 1-2

1.5 Assessment Methodology................................................................................... 1-4

2.0 RESULTS AND DETERMINATIONS .............................................................................. 2-1

2.1 Determination of Effects to Threatened and Endangered Species .................... 2-1 2.1.1 Summary of Effects ............................................................................. 2-1 2.1.2 Description of Effects Determinations ................................................ 2-2

3.0 CONCLUSION ............................................................................................................ 3-1

4.0 SIGNATURES ............................................................................................................. 4-1

5.0 REFERENCES ............................................................................................................. 5-1

FIGURES Figure 1 Project Overview Figure 2A Site Detail Figure 2B Site Layout Figure 3 USFWS Piping Plover Critical Habitat Figure 4 Whooping Crane Migration Corridor and Sightings Figure 5 Dakota Skipper Observations in North Dakota

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1.0 Introduction and Background

1.1 INTRODUCTION

Ackerman-Estvold Engineering and Management Consulting, Inc. (Ackerman-Estvold) was contracted by ND Port Services to design a new, rail yard facility in northeast Minot, North Dakota. Ackerman-Estvold contracted Wenck Associates, Inc. (Wenck) to prepare an Assessment of Impacts and Determination of Effects to Threatened and Endangered Species (AIDETES) on the subject property. The proposed actions of construction and operation of a rail yard facility was evaluated for potential impacts to the federally listed species in Ward County (USFWS 2013).

1.2 LOCATION

The proposed ND Port Services rail yard facility is located in Sections 4, 5, 8, 9, 16 and 17, Township 155 North, Range 82 West, Ward County, North Dakota (Figure 1, Project Overview).

1.3 FEDERALLY LISTED RESOURCES IN WARD COUNTY

Three federally listed species under the Endangered Species Act (ESA) may occur in Ward County, North Dakota (USFWS 2013): Whooping crane, gray wolf (delisted east of US Highway 83), and piping plover and its Designated Critical Habitat; the gray wolf is not analyzed in this document due to the project location situated east of US Highway 83 where the wolf is delisted. The Sprague’s pipit and Dakota skipper, candidate species for listing, may also occur in this county (USFWS 2013).

1.4 PROJECT DESCRIPTION

1.4.1 ND Port Services Proposed Action

ND Port Services proposed action is to construct a rail yard facility which will move various commercial/industrial/agricultural products into/out of western North Dakota. Therefore, the effects of the rail yard facility execution would be the construction, operation, and maintenance of the proposed Project. This Assessment of Impacts and Determination of Effects to Threatened and Endangered Species contains a discussion of these effects for the purpose of Section 7 of the Endangered Species Act (ESA), and considers direct/indirect effects that would be expected to occur from the construction, operation, and maintenance of the proposed Project.



1.4.2 ND Port Services’ Proposed Project

The proposed Project is construction of a new rail yard facility for moving commercial, industrial, and agricultural products. The facility will consist of new roadways, rail lines, pipelines, intermodal staging and container depots, collection tanks, warehouses and warehousing laydown yards, lumber laydown yards, agriculture/chemical facilities, an industrial complex, industry switch lines, access roads, and electrical collection systems and cabling. The Project area encompasses approximately 5 square miles (3,200 acres) northeast of Minot, North Dakota (Figure 1, Project Overview).

1.4.3 Rail Yard Facility Project Construction Activities

Several activities would need to be completed prior to the proposed operation date. The majority of the activity would relate to equipment ordering lead-time, as well as design and construction of the facility. Below is a preliminary chronological list of activities necessary to develop the proposed Project. Pre-construction, construction, and post-construction activities for the proposed Project would include:

• Final facility micrositing; • Complete survey to microsite locations of structures, roadways, rail lines, collection

pipelines and electrical systems; • Soil borings, testing and analysis for proper foundation design and materials; • Grading of Project area; • Complete construction of access roads, to be used for construction and

maintenance; • Construction of rail beds; • Construction of collection pipelines; • Trenching of underground electrical lines; • Installation of facility foundations; • Installation of aboveground cables; • Acceptance testing of facility; • Commencement of commercial operation.

The Project area encompasses approximately 5 square miles (3,200 acres) northeast of Minot, North Dakota (Figure 1, Project Overview). The proposed Project would consist of an array of rail lines, roads, oil pipelines, collection tanks, warehouses, building facilities, above-ground and underground electrical lines. The total disturbed area will be approximately 2,678.32 acres. Refer to Figure 2B, Site Layout. The Project layout includes approximately 10.1 miles new roadways. New roadways will be constructed in Sections 9 and 16 of Township 155 North, Range 82 West. The roadways will connect to the existing 30th Avenue NE, 42nd Street, 55th Street/Ward Co Hwy 12A, and 27th Street/Ward Co Hwy 19. Refer to Figure 2B, Site Layout. The roadways will have widths of 46 feet and 48 feet. A new rail yard will be constructed in Sections 8 and 17 in a north-south direction. Industry switch lines will be constructed throughout Sections 9 and 16. Rail loop tracks will be constructed in the E1/2 Section 5, and throughout Section 4.



Locations of collection tanks, pipelines, associated buildings, and above-ground and underground electrical lines are not yet finalized. The Project will be constructed in three phases. Phase 1 will include all work from 30th Avenue/42nd Street west. This work has already begun and is anticipated to be finalized in 2 years (2015). Phase 2 will include everything north of 30th Avenue to 46th Avenue. This work will be constructed in approximately two to three years (finalized approximately 2018). Phase 3 will include construction of everything east of 42nd Street and south of 30th Avenue (refer to Figure 2B, Site Layout) and is expected to be completed in approximately two to three years. Ultimately, the Project is likely to take approximately 5 to 10 years to be fully developed. The following is a summary of the construction activities involved with a development of this nature and magnitude: • Site Preparation

o The Project has begun in Fall 2013 and the first work items included installation of erosion control devices. Erosion control devices will be installed, maintained, upgraded, and removed as needed before, throughout, and after construction. Temporary sedimentation basins will be in place during construction.

o The site will be cleared, grubbed and have the topsoil removed and stockpiled to begin construction. Due to the size of the Project, site clearing may be completed in stages as the work progresses.

• Grading

o Grading has begun in Fall 2013, primarily in the NE1/4 and SE1/4 of Section 17, T155N, R82W. Grading equipment includes several types of light-, medium- and heavy-duty construction vehicles, including scrapers, dozers, backhoes, semi-trucks and trailers, as well as private vehicles from construction personnel. Hill rises and low swales will be leveled to design specifications.

• Roadway Construction

o Excavation and embankment construction operations will begin in the Spring (approximately May 1) and conclude in late Fall each season (early November).

o New culverts will be installed to maintain the existing drainage patterns. There are 21 culverts along the existing roadways and the abandoned Tatman Spur within the Project Area. It is expected that new culverts will be installed along the entire length of the new roadway to allow natural water movement. Potential permanent erosion control including rip rap would be placed at the outlets of drainage pipes.

o Additional borrow material is not expected for this project. o Aggregate base and asphalt surfacing will be installed upon completion of the new

roadway embankments. A prime coat and temporary striping will be applied to the aggregate base to ready the roadway for traffic prior to asphalt surfacing. The typical sections will be similar for each roadway embankment.

o Rumble strips are not expected to be used. o No pile driving is expected for roadway construction. o No box culverts or bridges are expected to be installed at this time.

• Railbed Embankment Construction

o Excavation and embankment construction operations will begin in the Spring



(approximately May 1) and conclude in late Fall each season (early November). o New culverts will be installed to maintain existing drainage patterns. Potential

permanent erosion control including rip rap would be placed at the outlets of drainage pipes.

o Additional borrow material is not expected for this project. o Aggregate base and rail will be installed upon completion of the new rail

embankments. The typical sections will be similar for each railbed embankment. o No pile driving is expected for railbed construction. o No box culverts or bridges are expected to be installed at this time.

• Pipeline Construction

o Grading and clearing/grubbing has begun in Fall 2013, primarily in the NE1/4 and SE1/4 of Section 17, T155N, R82W. Grading equipment includes several types of light-, medium- and heavy-duty construction vehicles, including scrapers, dozers, backhoes, semi-trucks and trailers, as well as private vehicles from construction personnel. Hill rises and low swales will be leveled to design specifications.

o Should pipelines be installed, borings will be required road intersections, hillsides, wetland/waterway crossings.

o Typical construction right-of-ways vary (ROW) from 50 to 75 feet with an expanded ROW of up to 100 feet to accommodate borings.

o Proposed pipeline depths vary from 3 to 4 feet. o Upon completion of construction of any pipelines, hydro-testing would be

conducted to detect any damage or defects prior to full operation. Hydro-testing would reduce the risk of hazardous materials entering the environment and affecting species of concern.

o After any pipelines are constructed, the disturbed area will be graded and seeded with native seed mixtures identified in the plan environmental commitments.

1.5 ASSESSMENT METHODOLOGY

The proposed project was evaluated for potential impacts to the federally listed species in Ward County based on historical records; species range information, presence/absence of individuals during surveys, and availability of appropriate habitat within or near the Project area. Determinations were assigned to assessed/evaluated species as defined by the USFWS (Section 2.1.1).



2.0 Results and Determinations

2.1 DETERMINATION OF EFFECTS TO THREATENED AND ENDANGERED SPECIES

2.1.1 Summary of Effects

Determination Species/Critical Habitat

No Effect: This determination is appropriate when the proposed project will not directly or indirectly affect (neither negatively nor beneficially) individuals of listed, proposed species or designated/proposed critical habitat of such species. No concurrence from USFWS required.

Piping Plover and Piping Plover Critical Habitat

May Affect but Not Likely to Adversely Affect: This determination is appropriate when the proposed project is likely to cause insignificant, discountable, or wholly beneficial effects to individuals of listed species and/or designated critical habitat. Concurrence from USFWS required.

Whooping Crane

May Affect and Likely to Adversely Affect: This determination is appropriate when the proposed project is likely to adversely impact individuals of listed species and/or designated critical habitat. Formal consultation with USFWS required.

May affect but Not Likely to Jeopardize candidate or proposed species/critical habitat: This determination is appropriate when the proposed project may affect, but is not expected to jeopardize the continued existence of a species proposed for listing or a candidate species, or adversely modify an area proposed for designation as critical habitat. Concurrence from USFWS optional.

Dakota Skipper, Sprague’s Pipit,

Likely to Jeopardize candidate or proposed species/critical habitat: This determination is appropriate when the proposed project is reasonably expected to jeopardize the continued existence of a species proposed for listing or a candidate species, or adversely modify an area proposed for designation as critical habitat. Conferencing with USFWS required.

Source: USFWS 2012



2.1.2 Description of Effects Determinations

Whooping Crane (Grus americana) Status: Endangered The Aransas-Wood Buffalo Population (AWBP) of whooping cranes is the only self-sustaining migratory population of whooping cranes remaining in the wild. The individuals representing the AWBP comprise one of the rarest and most imperiled self-sustaining avian populations in the world, with a population size of less than 300 individuals. The species breeds in wetland habitat associated with Wood Buffalo National Park in Alberta and the Northwest Territories of northern Canada, and overwinters on the Texas coast. The migration period for the AWBP whooping cranes in North Dakota generally spans from April 1 through May 15 in the spring and from September 10 through October 31 in the fall each year (NPWRC 2013). Endangered whooping cranes are frequently documented using roosting/feeding habitat in North Dakota each year within the species migration corridor, where 95% of all confirmed whooping crane sightings occur. The project area is located within the migration corridor where 80% of whooping crane observations have been made (Tacha et al. 2010) (Figure 4, Whooping Crane Migration Corridor and Sightings). Based on historical records, seven whooping crane observations have been made within 15 miles of the proposed Project area (Tacha et al. 2010, Figure 4, Whooping Crane Migration Corridor and Sightings and Table 1, Historical Whooping Crane Observations).

The cause of most whooping crane fatalities is unknown since the migratory corridor is vast and fatalities may occur in remote areas. Of the documented causes of fatality during migration, powerline collision fatalities may be in the range of approximately 33% to 38% (APLIC 2012). Since 1956, 46 whooping cranes have been killed (91% of collisions) or seriously injured (9% of collisions) as a result of collisions with powerlines (Stehn and Wassenich 2008). There is the potential for whooping cranes to collide with tall structures such as transmission lines and poles when moving between foraging and roosting sites (CWS and USFWS 2007, Stehn and Wassenich 2008, USFWS 2009). As a result of that potential, the USFWS’ whooping crane recovery plan lists construction of power lines and other structures in the migration corridor as a threat to the species (CWS and USFWS 2007). To minimize potential impacts to the whooping crane, transmission lines will be buried when feasible. Newly constructed and any relocated overhead transmission lines will be marked with

Observation Number

DateDistance From Project Area

Latitude Longitude Legal Description

06A-16 4/16/2006 5.6 48.247222 -101.371944 T155N,R83W,S1710A-23 4/4/2010 6.6 48.378810 -101.245423 T157N,R82W,S3481A-11 4/13/1981 8.6 48.131389 -101.328333 T154N,R83W,S2797A-41 5/9/1997 9.9 48.131111 -101.068333 T154N,R81W,S2709B-22 10/23/2009 11.0 48.423133 -101.353539 T157N,R83W,S1477B-24 10/28/1977 14.1 48.466111 -101.070278 T158N,R81W,S3696A-29 4/24/1996 14.6 48.480278 -101.353611 T158N,R83W,S26

Table 1. Historical Whooping Crane Observations



bird diverters to reduce the potential collisions (Gehring et al. 2009). Additionally, diverter balls will be placed on guy wires to minimize collision risk. Suitable migratory stopover habitat for whooping cranes includes wetlands with areas of shallow water without visual obstructions (i.e., high or dense vegetation). Armbruster (1990) found that horizontal visibility (straight-line distance to the nearest obstruction greater than 1 m in height) must be greater than 20 m before a site can be considered as potential habitat, and a zone of influence (activity) of 100 m is avoided around permanent structures, including roads, overhead utility lines, commercial buildings and houses. Whooping cranes have been documented to utilize a wide range of wetland sizes for roosting, from some of the smallest natural palustrine wetlands and manmade stock ponds (≈ 0.10 ha or 0.25 ac) to large lacustrine lakes and rivers. Foraging and roosting sites are typically less than 1 km (0.6 mi) apart but can occasionally be separated by more than 8 km (~5 mi). Potential stopover habitat and suitable foraging/roosting sites occurs within the Project Area as the majority of the Project Area is made up of agricultural-wetland matrix. If roosting, foraging, or in-flight whooping cranes are observed within one mile of the project site, construction/operation should cease until the U.S. Fish and Wildlife Service (USFWS) is contacted within 24 hours, or the next business day, whichever comes first, in order to evaluate the level of disturbance risk to the individuals present within the vicinity of the project area. The North Dakota USFWS can be contacted at (701) 250-4481. Following coordination with the USFWS, activities will resume if it is unlikely the birds will be disturbed by the continuation of the activities or after the bird(s) relocate to a new site beyond the disturbance area of the project site. The project area includes potential stopover or suitable foraging/roosting sites for whooping cranes. However, based upon the above-described conservation measures and environmental commitments to minimize the risk of disturbance to whooping cranes, any adverse effects of the proposed action are unlikely and if any effects may occur, they are expected to be negligible. Therefore, the proposed project may affect, but is not likely to adversely affect the whooping crane. Piping Plover (Charadrius melodus) and Designated Critical Habitat Status: Threatened Suitable nesting habitat for piping plovers in the Missouri River system is characterized as sparsely vegetated channel sandbars, sand and gravel beaches on islands, temporary pools on sandbars and islands, and island margins that interface with the river channel. Nearly all natural lakes used by plovers in North Dakota are alkaline in nature and have salt-encrusted, white beaches, likely selected due to their sparse vegetation. Breeding piping plover rarely travel more than one mile from their nest sites during the breeding season (USFWS, 2002a). Critical habitat for the Northern Great Plains piping plover has been designated on alkali lakes and wetlands, and the Missouri River System in North Dakota (Figure 3, USFWS Piping Plover Critical Habitat; USFWS, 2002b). Height of flight is an important factor to consider when assessing the risk of collision to piping plover. During the breeding season piping plover are mainly sedentary as they forage on invertebrates on the shorelines near nest sites. During this period, plovers mainly travel by walking or running between proximal foraging and breeding sites, however, some plovers may



undertake short flights to foraging areas, flying low over the water (or adjacent land), typically less than 10 meters (33 feet), but sometimes at higher, unknown altitudes (Cape Wind Associates, 2007). Their regular daily movements are not expected to result in crossings of the proposed Project Area due to the nearest critical habitat and known nesting areas being 19.3 miles from the Project Area (Figure 3, USFWS Piping Plover Critical Habitat). Under the proposed action, no construction is planned for areas within known piping plover nesting habitat. Therefore, disturbance of nesting piping plovers due to Project activities is highly unlikely. In summary, the closest potential piping plover nesting habitat is approximately 19.3 miles from the west boundary of the Project Area. Construction activity poses no risk to destroying any active nests. Therefore, the proposed project will have no effect to the piping plover and its critical habitat.

Candidate Species:

Sprague’s Pipit (Anthus spragueii) Status: Candidate The Sprague’s pipit is a ground nesting bird that breeds and winters on open grasslands. It feeds mostly on insects, spiders and some seeds. The Sprague’s pipit is closely tied with native grassland habitat and breeds in the north-central United States in Minnesota, Montana, North Dakota and South Dakota, as well as south-central Canada (USFWS 2010). During the breeding season, Sprague’s pipits prefer large patches of native grassland with a minimum size requirement thought to be approximately 145 ha (358.3 ac) (range 69 to 314 ha or 170 to 775 ac), though other research states that Sprague’s pipits were not found in patches in less than 29 ha (71.6 ac) (USFWS 2010). Davis (2004) discussed the ratio of patch size to edge area was actually a better indicator of Sprague’s pipit presence, rather than patch size alone. Sprague’s pipits prefer areas with a low edge to patch size ratio. The species prefers to breed in well-drained, open grasslands and avoids grasslands with excessive shrubs. Preferred grass height is estimated to be between 10 and 30 cm. Sprague’s pipits have not been documented to nest in cropland (Owens and Myers 1973; Koper et al. 2009). They may avoid roads, trails, and habitat edges. Sprague’s pipits avoid roads, vertical structures including wind towers, and oil and gas well pads by 350 m (1148 ft) (USFWS 2010). Sprague’s pipits avoid features in the landscape that are structurally different than grassland. Due to the avoidance habits of this species, large patch size requirements, and no observations of the species during past avian surveys of the project area, it is believed the presence of the Sprague’s pipit within the project area is possible, but unlikely. Areas of the site provide suitable native grassland habitat that could support the Sprague’s pipit (USFWS2010), primarily along the western extent of the project to east of the Tatman Spur (Figure 2, Site Detail Map). However, some of these native prairie remnants may not be sufficient to support Sprague’s pipit due to their small size, proximity of wooded patches, and presence of other features, fence lines, roads, and buildings. Potential impacts to the species could occur by directly removing, altering, or fragmenting habitat during the construction of Project facilities. To minimize impacts to the Sprague’s Pipit, to the extent possible, rail lines will be sited within 350 m of existing fence lines and edges of roadways and buildings, within the



area of native pastureland along the western edge of the Project Area. To further minimize impacts to the Sprague’s pipit, construction activities will occur outside of the breeding season. Dakota Skipper (Hesperia dacotae) Status: Candidate Dakota skippers are found in native grassland containing a high diversity of wildflowers and grasses (Royer 2003). Habitat includes two grassland types: 1) low (wet) grassland dominated by bluestem grasses, wood lily, harebell, and smooth camas; and 2) upland (dry) grassland on ridges and hillsides dominated by bluestem (Andropogon) grasses, needlegrass (Stipa viridula), pale purple coneflower (Echinacea angustifolia) and upright coneflowers (Ratibida columnifera) and blanket flower (Gaillardia aristata) (USFWS 2013b). Dakota skipper populations have declined due to widespread conversion of native grassland (USFWS 2013b). Their current range extends from western Minnesota to central North Dakota, with occurrences as far west as McKenzie County, North Dakota (USFWS 2013c). The species has not been documented in Ward County (USFWS 2013c). Please refer to Figure 5, Dakota Skipper Observations in North Dakota. Potential Dakota skipper habitat of the upland (dry) grassland type is located intermittently along the western extent of the Project Area in areas of remnant native prairie (Figure 2, Site Detail Map). Approximately 252 acres (8%) of the proposed railyard would cross undeveloped lands. Most of these lands are native prairie, though they also include wooded slopes, upland drainages, and swales dominated by non-native grasses. The on-site survey confirmed that portions of the undeveloped lands had potential Dakota skipper habitat. These areas were hillsides with bluestem grasses, needlegrasses, purple coneflower, and numerous other native forbs. Potential impacts to the Dakota skipper may be caused by removing, altering, or fragmenting potential habitat during construction activities of the railyard and its associated facilities, which disturbs native soils and vegetation. Impacts have been minimized by siting the majority of the rail lines along existing quarter lines, fields, or other edge features as much as possible. When routing through native prairie that cannot be avoided, impacts would be minimized by reclaiming disturbed soils as soon as possible after construction, helping to preserve the native seed bank. The reclaimed area would be reseeded with native species. Though reseeding cannot replace exact preferred habitat, it can re-establish the structure of the grassland so that the species will not avoid the reclaimed feature on the landscape, minimizing long-term disruption to dispersal and flight patterns. Thus, potential impacts to the Dakota skipper would be indirect and short term.



3.0 Conclusion

The proposed project could have impacts to one endangered species (Whooping Crane) and two candidate species (Sprague’s pipit and Dakota skipper), but would not adversely affect the species. Land use in the Project Area is previously disturbed by agricultural use and rural development, and does not currently provide considerable wildlife habitat. In addition, Minot, 55th Steet/45th Avenue bypass are immediately adjacent to the Project Area, which have previously impacted the quality of- and potential for- habitat that may be located nearby. The proposed project would not create impacts that are significant compared to the existing present disturbances. Several measures would be taken to minimize the identified potential impacts. Potential impacts to the whooping crane would be minimized by burying transmission lines when possible, minimizing the length of overhead lines, and ceasing construction/operation if roosting, foraging, or in-flight whooping cranes are observed within one mile of the project site during migration. The USFWS will be contacted immediately if whooping cranes are seen in the Project Area and evaluation by the USFWS regarding the level of disturbance risk to the individuals present within the vicinity of the Project Area will occur. Following coordination with the USFWS, construction activities will resume if it is unlikely that the birds will be disturbed by the continuation of construction activities or after the birds relocate to a new site beyond the disturbance area. Newly constructed and any relocated overhead transmission lines will be marked with bird diverters to reduce the potential collisions. Additionally, diverter balls will be placed on guy wires to minimize collision risk. To minimize impacts to the Sprague’s Pipit, to the extent possible, rail lines will be sited within 350 m of existing fence lines and edges of roadways and buildings, within the area of native pastureland along the western edge of the Project Area. To further minimize impacts to the Sprague’s pipit, construction activities will occur outside of the breeding season. Potential impacts to the Dakota skipper have been minimized by siting the majority of the rail lines along existing quarter lines, fields, or other edge features as much as possible. When routing through native prairie that cannot be avoided, impacts would be minimized by reclaiming disturbed soils as soon as possible after construction, helping to preserve the native seed bank. The reclaimed area would be reseeded with native species. Therefore adverse effects to federally listed or candidate species from the proposed project would be unlikely. Candidate species receive no legal protection under the Endangered Species Act, that is, there are no take provisions under candidate species designations. In addition, USFWS concurrence with candidate species determinations is optional. The Sprague’s pipit and Dakota skipper determinations in Section 2.1.2 Description of Effects Determinations are presented to inform the developer how the species may be assessed if the species were to be listed.



4.0 Signatures

The services performed by Wenck scientists for this project have been conducted in a manner consistent with the degree of care and technical skill appropriately exercised by professionals currently practicing in this area under similar time and budget constraints. Recommendations and findings contained in this report represent our professional judgment and are based upon available information and technically accepted practices at the present time and location. Other than this, no warranty is implied or expressed. Wenck Wildlife Biologists, Daniel S. Ackerman, MS and Justin Askim, and Certified Wildlife Biologist, John Schulz prepared this report. ____________________________________ _____12/20/2013__________________ Daniel S. Ackerman Date Wildlife Biologist/Natural Resources Specialist ____________________________________ _____12/20/2013__________________ Justin Askim Date Wildlife Biologist/Natural Resources Specialist ____________________________________ _____12/20/2013__________________ John Schulz Date Certified Wildlife Biologist, Principal



5.0 References

Armbruster, M. J. 1990. Characterization of habitat used by whooping cranes during migration. U.S. Fish Wildl. Serv., Biol. Rep. 90(4). 16 pp.

Avian Power Line Interaction Committee (APLIC). 2012. Reducing Avian Collisions with Power Lines: The

State of the Art in 2012. Edison Electric Institute and APLIC. Washington, D.C. 34 pp. Cape Wind Associates. 2007. Report No. 5.3.2-1.Collision mortalities at Horseshoe Shoal of bird species

of special concern. CWS and USFWS (Canadian Wildlife Service and U.S. Fish and Wildlife Service). 2007. Draft International

Recovery Plan for Whooping Crane. Ottawa: Recovery of Nationally Endangered Wildlife (RENEW) and USFWS, Albuquerque, New Mexico. 196 pp.

Davis, S.K. 2004. Area sensitivity in grassland passerines: effects of patch size, patch shape, and

vegetation structure on bird abundance and occurrence in southern Saskatchewan. Auk 121:1130-1145.

Gehring, J., P. Kerlinger, and A.M. Manville II. 2009. Communication towers, lights, and bird: successful

methods of reducing the frequency of avian collisions. Ecological Applications 19:505-514. Koper, N., D.J. Walker, and J. Champagne. 2009. Nonlinear effects of distance to habitat edge on

Sprague’s pipits in southern Alberta, Canada. Landscape Ecology 24:1287-1297. Northern Prairie Wildlife Research Center. 2013. Federally Listed Endangered, Threatened, and

Candidate Species-Whooping Crane. NPWRC Website http://www.npwrc.usgs.gov/resource/wildlife/nddanger/species/grusamer.htm (accessed October 2013).

Owens, R.A., and M.T. Myers. 1973. Effects of agriculture upon populations of native passerine birds of

an Alberta fescue grassland. Canadian Journal of Zoology 51:697-713. Royer, R. A. 2003. Butterflies of North Dakota: An Atlas and Guide (2nd Edition). MSU Science

Monograph Number Two. Stehn, T. and T. Wassenich. 2008. USFWS. Whooping Crane Collisions with Power Lines, Proceedings of

the North American Crane Workshop 10: in Press. Tacha, M.C., A.A. Bishop, and J.D. Brei. 2010. Development of the whooping crane tracking project

geographic information system. Proceedings of the North American Crane Workshop 11:98-104.



United States Fish and Wildlife Service (USFWS). 2002a. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Northern Great Plains Breeding Population of the Piping Plover; Final Rule. Federal Register 67:57637-57717.

_____. 2002b. Piping Plover Critical Habitat, digital spatial data. _____. 2009. Whooping cranes and wind development – An issues paper. USFWS Regions 2 and 6.

Available at: http://www.fws.gov/southwest/es/library/.

_____. 2010. Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to List Sprague’s Pipit as Endangered or Threatened Throughout Its Range. Federal Register 75:178 (15 September 2010) pp. 56028-56050.

_____. 2012. Guidance for Preparing a Biological Assessment, Midwest Region. Last updated October

24, 2012. USFWS Website: http://www.fws.gov/midwest/endangered/section7/ba_guide.html [accessed October 2013].

_____. 2013a. County Occurrence of Endangered, Threatened, and Candidates Species and Designated

Critical Habitat in North Dakota. USFWS Website: http://www.fws.gov/northdakotafieldoffice/SEtable.pdf (accessed November 2013).

_____. 2013b. Endangered Species, Dakota Skipper Webpage, Mountain-Prairie Region, North Dakota

Field Office. Available at: http://www.fws.gov/northdakotafieldoffice/endspecies/species/dakota_skipper.htm, accessed July 2013.

_____. 2013c. Dakota Skipper Range Maps. Available online at:

http://www.fws.gov/northdakotafieldoffice/gis/gis_dkskip.htm (Accessed November 2013).

Figures

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BOTTINEAU

PIERCE

RICHLAND

LOGAN

ADAMS

MERCER

BOWMAN

BILLINGS

PEMBINA

NELSON

TRAILL

TOWNER

LAMOURE

EDDY

ROLETTE

HETTINGER

GRAND FORKS

RANSOM

OLIVER

SHERIDAN

MCINTOSH

STEELE

RENVILLE

SARGENT

GRIGGSFOSTER

GOLDEN VALLEY

Source: Esri, i-cubed, USDA, USGS, AEX, GeoEye, Getmapping, Aerogrid, IGN, IGP, and the GIS User Community

Dakota Skipper Critical Habitat

Poweshiek Skipperling Critical Habitat

County

State

assessment of impacts and determination of effects to

Documents