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7. Page 15, Rare Features. If rare features are identified within one mile of a project area using a license agreement, then a <br />concurrence and next steps from DNR must be obtained by coordinating through Minnesota Conservation Explorer. Only DNR <br />can make a determination on whether or not a project is likely to impact a state-listed species. <br />Response: A Natural Heritage Review request has been submitted for the project through the Minnesota Conservation <br />Explorer. The project is currently "In Queue" for further review. Attached is a copy of the Formal Natural Heritage <br />Review - Cover Page. <br />8. Page 15, Rare Features. Recently U.S. Fish and Wildlife Service made the decision to up-list the northern long-eared bat <br />(NLEB) from the status of federally threatened to federally endangered. This new status goes into effect January 30th, 2023. <br />This follows precipitous declines of more than 90% since the species federal listing as threatened in 2015. NLEB are known to <br />occur in Sherburne County and throughout Minnesota. Tree removal is an activity that could negatively impact this species, <br />therefore it is important that the project proposer coordinates with USFWS regarding potential impacts to the NLEB, and follows <br />the instructions for consultation provided within the appendix. Please see the USFWS website for more information: Northern <br />Long-eared Bat (Myotis septentrionalis) � U.S. Fish & Wildlife Service (fws.gov) <br />Response: The determination key for NLEB Consultation and 4(d) Rule Consistency was completed for the project <br />using the USFWS IPaC system. An otficial Consistency Letter for the project was issued stating "this letter verifies that <br />the Action is not likely to result in unauthorized take of the northern long-eared bat."A copy of this letter is attached. <br />The project site is not located within a 0.25-mile radius of a known northern long-eared bat hibernacula, doesn't <br />include any known occupied maternity roost trees, and isn't within a 150-foot (45-meter) radius from any known <br />maternity trees. Therefore, the project is not subject to tree removal timeline restrictions. <br />9. Page 15, Rare Features. Blanding's turtles (Emydoidea blandingii), a state-listed threatened species, have been documented <br />in the vicinity of the proposed project. Blanding's turtles use upland areas up to and over a mile distant from wetlands, <br />waterbodies, and watercourses. Uplands are used for nesting, basking, periods of dormancy, and traveling between wetlands. <br />Factors believed to contribute to the decline of this species include collisions with vehicles, wetland drainage and degradation, <br />and the development of upland habitat. Any added mortality can be detrimental to populations of Blanding's turtles, as these <br />turtles have a low reproduction rate that depends upon a high survival rate to maintain population levels. This project does have <br />the potential to impact this rare turtle through direct fatalities and habitat disturbance/destruction due to excavation, fill, and <br />other construction activities associated with the project. <br />Minnesota's Endangered Species Statute (Minnesota Statutes, section 84.0895) and associated Rules (Minnesota Rules, part <br />6212.1800 to 62122300 and 6134) prohibit the take of threatened or endangered species without a permit. As such, the <br />following avoidance measures are required: <br />• Avoid aquatic impacts during hibernation season, between October 15th and April 15th, unless the area is unsuitable <br />for hibernation. <br />• The use of erosion control blanket shall be limited to `bio-netting' or `natural-netting' types, and specifically not <br />products containing plastic mesh netting or other plastic components. Please update project plans so that this <br />information is given to contractors. <br />o Also, be aware that hydro-mulch products may contain small synthetic (plastic) fibers to aid in their matrix <br />strength. These loose fibers could potentially re-suspend and make their way into Public Waters. As such, <br />please review mulch products and not allow any materials with synthetic (plastic) fiber additives in areas that <br />drain to Public Waters. <br />Page 3 of 4 <br />952.426.0699 + ISGlnc.com <br />