Endangered Resources Review Questions

What Are Endangered Resources?

"Endangered Resources" is a collective term used here to describe plant or animal species and natural communities whose continued existence is at risk due to human activities. In the context of an Endangered Resources review, this includes state or federally listed threatened or endangered species, federal candidate species for future listing, state and federal special concern species, proposed and listed critical habitat for federally listed species, natural communities, and wildlife species of greatest conservation need in the state of Wisconsin. Natural communities are included in this list because they are particular assemblages of plants, animals, fungi, and microorganisms that represent the biological heritage of Wisconsin. The Endangered Resources review focuses on natural communities that are relatively undisturbed, support high biological diversity and/or provide valuable or scarce habitat resources for plants and animals.

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What is an Endangered Resources Review?

An Endangered Resources review is a screening of the area of potential effect of the project. This is the area in which planned construction or operation may directly or indirectly affect endangered resources. It includes direct effects of the construction footprint (e.g., access routes, staging areas, borrow and fill sites, dewatering discharge) and operational footprint (e.g., facilities, permanent access, maintained ROW). It also includes indirect effects that are removed in time or distance, but are still foreseeable (e.g., avoidance of ROW by animals or collisions with transmission lines by birds migrating through the area, or nesting at a wetland near the project). The OE’s Endangered Resources review will provide you with preliminary information regarding:

• The potential presence of endangered resources
• The likelihood of affecting endangered resources
• Recommendations for surveys or gathering additional information
• General guidance on avoidance and minimization measures

The Endangered Resources review uses several sources of information, but it is primarily based on the Natural Heritage Inventory (NHI), which is a biological resources database of species, natural communities, animal concentration areas (e.g., hibernacula, mussel beds and migratory bird concentration points) and special geologic features that serve as important or unique animal habitat (e.g., caves). The plant and animal species that are included in this database, also referred to as the NHI Working List , are state or federally listed threatened or endangered species, candidate species for federal listing and state special concern species.

In most cases the Endangered Resources review will identify no conflicts, or potential conflicts with project activities that can be addressed through avoidance, minimization or other mitigation measures. However, in some cases the review or subsequent surveys may indicate that incidental "take" of a state or federally protected species may occur as defined by Wisconsin´s Endangered Species Law (s. 29.604, Wis. Stats.) [exit DNR; PDF file] or the Federal Endangered Species Act [exit DNR] requiring consultation with the Wisconsin DNR and the U.S. Fish and Wildlife Service.

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What Projects Need an Endangered Resources Review?

The Wisconsin Endangered Species Law expressly directs the Department and other state agencies to determine whether any activity or project they conduct, fund or approve (e.g., a DNR permit, water quality certification, easement on state lands or construction stormwater discharge permit) may affect endangered or threatened species. Therefore, all utility projects that fall into this category must complete an Endangered Resources review. Utility projects may also need an Endangered Resources review to meet federal permitting or licensing requirements.

Utility projects that do not involve state agencies or do not need to meet federal requirements do not require an Endangered Resources review. However, project proponents are still encouraged to consult with the Office of Energy-Endangered Resources Specialist to assure that the project will comply with state and federal endangered species laws.

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How Do I Request an Endangered Resources Review For My Project?

The Bureua of Endangered Resources has a Review Request Form available for download.

Important Reminders for completing the Request Form:

• Identify the party requesting the information, the project developer and the relationship to the latter, if they are not the same (e.g.: environmental consultants).
• Provide as much detail about land use and habitat types in the project area as possible. This will help us to exclude or focus on particular species and recommendations in the Endangered Resources review.
• Provide estimated construction start/end dates.
• Include a map of suitable scale to show the construction area and facilities at the Section level. Both the construction and operational footprint should be clearly identified along with temporary or permanent accessory facilities such as access routes. Aerial photos or GIS files may also be submitted.
• Once the form is submitted you should anticipate that the OE will contact the requestor with questions or clarifications.

For utility projects under the authority of the Office of Energy, request forms should be submitted to:
Shari Koslowsky
Office of Energy SS/7
Department of Natural Resources
PO Box 7921
Madison, WI 53707-7921

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What Is The Timeline and Fee For A Review?

There is no regulatory guidance establishing when a review should be requested or by what date a response is needed. Project proponents should consider the following when determining when to submit an Endangered Resources review request:

• Current project phase (results of the review may be helpful for site selection or project design)
• Projected start date
• Permit requirements
• Likelihood that biological surveys will be needed (the survey season in Wisconsin is generally from March through September)
• Typical OE review time of 6 to 8 weeks.

Also, some utility projects that file an application with the PSC [exit DNR] must include the results of the Endangered Resources review or indicate that a review is currently in progress. For these reasons the Endangered Resources review should be requested early in project development. We recommend that project applicants work backwards from the construction start date and consider the factors identified above to estimate a date for submittal of the request.

For utilities that do not have an NHI license agreement, the fee for an ER Review is $20.00 per hour with a $60.00 minimum. The fee is invoiced after the response is issued.

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What Is an NHI License Agreement and How Do I Obtain One?

Utilities, especially those with a large service area and many proposed or existing facilities, may qualify to obtain a user´s license for the NHI database. Licenses and the data that are provided are defined according to the type of utility, service area and the qualified biologists that will be using and interpreting the data. Biological consultants working for a utility may also be included among the list of approved users. The license is renewed annually and there is a fee assigned to the license.

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If I have an NHI License Agreement With the DNR, Do I Still Need and ER Review?

Yes! The License Agreement provides utilities access for project planning purposes to portions of the NHI database that are not available on the Department’s website. However, the use and interpretation of NHI data by a licensee does not eliminate the need for an Endangered Resources review by the Office of Energy or the need to consult with the Department to determine the best course of action in cases where Endangered Resources may be affected. In these cases the Endangered Resources review completed by the Office of Energy is expedited by the licensees own review and no additional fee is assessed.

If you have a License Agreement you do not need to submit a review request form. It is assumed that the licensee has initiated their own evaluation of the presence of Endangered Resources in relation to the nature and location of proposed project activities. Instead, licensees should provide the following information to allow the OE to complete the Endangered Resources review:

• Results of the NHI database search
• Habitat screening [PDF File] to determine whether suitable habitat for rare species identified from the NHI search or other sources may exist within the affected area.
• Map of NHI results together with the project construction and operational footprints, including temporary or permanent access routes.
  • maps should be submitted in hard copy on 11X17 inch paper (2 sets) and in electronic format
  • project maps requiring more than two sheets of 11X17 inch paper should also include an index map on the first page or on the legend of each map.

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What Happens After I Receive an Endangered Resources Review Response?

The response letter will include conclusions and recommendations for further action, if needed. This might include scheduling of biological surveys, additional consultation with state and federal resource agencies, incorporation of avoidance and minimization measures into project design and construction, etc. The response and documentation of the ensuing coordination with the ER Review Specialist should be incorporated into the project´s other environmental permitting and compliance activities.

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Who Should I Contact If I Have More Questions?

If you need help filing an Endangered Resources review request, would like to inquire about an NHI License Agreement or have additional questions regarding endangered resources review for utility projects you may contact:
Shari Koslowsky
(608) 261-4382

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For more information on Endangered Resources review please contact:
Shari Koslowsky
(608) 261-4382