Resource Report No. 3 Fish, Wildlife and Vegetation

NORTHERN NATURAL GAS– South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION

Resource Report No. 3 Fish, Wildlife and Vegetation

South Sioux City to Sioux Falls A-line Replacement Project FERC Docket No. PF19-8-000

DRAFT

March 2020

NORTHERN NATURAL GAS– South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION

RESOURCE REPORT 3 – FISH, WILDLIFE, AND VEGETATION SUMMARY OF FILING INFORMATION

Found in Section

1. Classify the fishery type of each surface waterbody that would be crossed, including fisheries of special concern. (18 CFR § 380.12(e)(1)) Section 3.1 and Table • This includes commercial and sport fisheries as well as cold water and warm- 3.1-1 water fishery designations and associated significant habitat.

2. Describe terrestrial and wetland wildlife and habitats that would be affected by the Project. (§ 380.12(e)(2)) Section 3.2 • Describe typical species with commercial, recreational or aesthetic value.

3. Describe the major vegetative cover types that would be crossed and provide the acreage of each vegetative cover type that would be affected by construction. (§ 380.12(e)(3)) Section 3.3 and Table 3.3-1 • Include unique species or individuals and species of special concern. • Include near shore habitats of concern.

4. Describe the effects of construction and operation procedures on the fishery resources and proposed mitigation measures. (§ 380.12(e)(4)) Section 3.1.3 • Be sure to include offshore effects, as needed.

5. Evaluate the potential for short-term, long-term, and permanent impact on the wildlife resources and state-listed endangered or threatened species caused by construction Section 3.2.2 and operation of the project and proposed mitigation measures. (§ 380.12(e)(4))

6. Identify all federally listed or proposed endangered or threatened species that potentially occur in the vicinity of the Project and discuss the results of the consultations with other agencies. Include survey reports as specified in Section 3.4 and Table (§ 380.12(e) (5)). 3.4-1 and Appendices • See § 380.13(b) for consultation requirements. Any surveys required through 3A and 3C § 380.13(b)(5)(I) must have been conducted and the results included in the application.

7. Identify all federally listed essential fish habitat (EFH) that potentially occurs in the vicinity of the Project and the results of abbreviated consultations with NMFS, and any N/A resulting EFH assessment. (§ 380.12(e)(6))

8. Describe any significant biological resources that would be affected. Describe impact and any mitigation proposed to avoid or minimize that impact. (§ 380.12(e)(4)&(7)) • For offshore species, be sure to include effects of sedimentation, changes to N/A substrate, effects of blasting, etc. This information is needed on a mile-by-mile basis and will require completion of geophysical and other surveys before filing.

Additional Information Often Missing and Resulting in Data Requests • Provide copies of correspondence from federal and state fish and wildlife agencies along with responses to their recommendations to avoid or limit impact Appendix 3C on wildlife, fisheries, and vegetation. • Provide a list of significant wildlife habitats crossed by the Project. Specify locations by milepost and include length and width of crossing at each significant N/A wildlife habitat.

i NORTHERN NATURAL GAS– South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION

Contents

3.0 FISH, WILDLIFE AND VEGETATION...... 3-1 3.1 FISHERIES ...... 3-1 3.1.1 Fishery Classification ...... 3-1 3.1.2 Fisheries of Special Concern ...... 3-4 3.1.3 Construction and Operation Impacts ...... 3-4 3.2 WILDLIFE ...... 3-5 3.2.1 Existing Resources ...... 3-5 3.2.2 Construction and Operation Impact ...... 3-6 3.3 VEGETATION ...... 3-7 3.3.1 Existing Resources ...... 3-7 3.3.2 Construction and Operation Impacts ...... 3-10 3.4 T&E SPECIES ...... 3-10 3.4.1 Existing Resources ...... 3-10 3.4.2 Construction and Operation Impacts and Agency Consultation ...... 3-24

List of Tables Table 3.1-1 State Fisheries Classification Table 3.1-2 Representative Game and Commercial Fish Species Known to Occur in the Vicinity of the Project Area Table 3.3-1 Estimated Disturbance of Vegetation Cover Types Table 3.4-1 Federally and State-listed Species Potentially Occurring in the Vicinity of the Project Table 3.4-2 Birds of Conservation Concern that Potentially Occur in the Project Areas

List of Appendices Appendix 3A Habitat Assessment Report Appendix 3B Noxious Weed Control Plan Appendix 3C Agency Correspondence

ii NORTHERN NATURAL GAS– South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION

Abbreviations and Acronyms

A-line M561A branch line

BCC Birds of Conservation Concern

BCR Bird Conservation Region

BMP Best Management Practice

CERT Conservation and Environmental Review Tool EFH Essential Fish Habitats

EI Environmental Inspector

ETWS Extra temporary workspace

FERC Federal Energy Regulatory Commission

HDD Horizontal directional drill

HDD Plan Horizontal Directional Drill Monitoring, Inadvertent Return Response, and Contingency Plan

IBA Important Bird Area

IPaC Information, Planning and Consultation System

MBTA Migratory Bird Treaty Act

MP Milepost

NDA Nebraska Department of Agriculture

NGPC Nebraska Games and Parks Commission

NHD Natural Heritage Database

NLEB Northern long-eared bat

NMFS National Marine Fisheries Service

NWI National Wetlands Inventory Northern Northern Natural Gas

Project South Sioux City to Sioux Falls A-line Replacement Project Plan FERC Upland Erosion Control, Revegetation and Maintenance Plan

iii NORTHERN NATURAL GAS– South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION

Procedures FERC Wetland and Waterbody Construction and Mitigation Procedures

ROW Right of way

SDDA South Dakota Department of Agriculture

SDGFP South Dakota Games, Fish and Parks

SPCC Spill Prevention, Control and Countermeasure

T&E Threatened and Endangered

TWS Temporary workspace

USDA U.S. Department of Agriculture

USFWS U.S. Fish and Wildlife Service

USGS U.S. Geological Survey

WMA Wildlife Management Area

iv NORTHERN NATURAL GAS – South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION

3.0 FISH, WILDLIFE AND VEGETATION

Resource Report 3 presents a description of the fish, wildlife and vegetation resources present within the proposed project area. The report identifies potential impacts on these resources and methods to mitigate potential adverse impacts. The Project, as proposed, would allow Northern to abandon in-place approximately 79.21 miles of its 14- and 16-inch-diamater A-line and to replace the abandoned line with approximately 83.53 miles of 12-inch-diameter pipeline. Both the line to be abandoned and the replacement line are located between South Sioux City, Nebraska, and Sioux Falls, South Dakota. The majority of the replacement line will be installed utilizing a 25-foot offset from the existing A-line. There will be some places where the replacement line will deviate farther from the abandoned line to accommodate landowner requests or engineering and environmental constraints. Northern proposes to replace its Ponca branch line. The 0.16-mile-long 2-inch-diameter Ponca branch line, which currently ties into the existing A-line that will be abandoned, will be abandoned in-place and replaced with approximately 1.87 miles of 3-inch-diameter branch line. Northern also proposes to abandon the 0.06-mile 2-inch-diameter Jackson branch line in Dakota County, Nebraska. The workspace required for the abandonment is within ETWS required for the A-line construction; therefore, no workspace for the abandonment is shown in the figures or discussed in the following tables. The existing Jackson #1, NE TBS will be connected to the new A- line within the station yard, which will be expanded. Above-grade appurtenant facilities include a pig launcher and receiver, metering facilities, regulators and block valves settings, an odorizer, and associated piping and valve settings. 3.1 FISHERIES 3.1.1 Fishery Classification An assessment of surface water resources was completed through field reconnaissance and review of USGS topographic maps (1:24,000 scale), NHD and NWI data as described in Section 2.2 of Resource Report 2. A total of 39 waterbodies will be crossed by the Project. This includes 21 intermittent streams, 15 perennial streams, one ephemeral stream and two open water features. Waterbody construction methods and mitigation procedures are discussed in Section 2.2.10 in Resource Report 2. The MP locations of the waterbody crossings along with the state fisheries classifications are listed in Table 3.1-1. Table 3.1-1 State Fisheries Classification State Fisheries Location Surface Waterbody MP Classification1 A-Line NE_DA_S01 (Elk River) 6.94 AqL - Warm Water B Dakota County, NE_DA_S032 Nebraska 8.35 NA (UNT to Elk River) Dixon County, NE_DX_S04 18.38 AqL - Warm Water A Nebraska (Aowa Creek) Dixon County, Nebraska NE_DX_S092 South Dakota - 4, 9 19.71-19.92 Union County, South (Missouri River) Nebraska - AqL - Warm Water A Dakota

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State Fisheries Location Surface Waterbody MP Classification1 SD_UN_OW22 19.92-20.00 NA (Backwater to Missouri River) SD_UN_S01 35.56 6 and 9 (Big Ditch Creek) SD_UN_S2062 38.24 NA (Unnamed) SD_UN_S105 40.05 NA (UNT to Brule Creek) SD_UN_S104 40.21 NA (UNT to Brule Creek) SD_UN_S204 (Brule Creek) 41.01 6 and 9 SD_UN_S05 41.22 NA (UNT to Brule Creek) SD_UN_S203 43.16 NA (Brule Creek) SD_UN_S07 44.54 NA (UNT to Brule Creek) SD_UN_S09 49.07 NA (UNT to Brule Creek) SD_UN_S10 Union County, South 49.65 NA (UNT to Brule Creek) Dakota SD_UN_S205 50.23 NA (UNT to Brule Creek) SD_UN_S11 51.09 NA (UNT to Brule Creek) SD_UN_S202 52.54 NA (UNT to Brule Creek) SD_UN_S12 52.99 and 6 and 9 (Brule Creek) 53.06 SD_UN_S132 53.19 NA (UNT to East Brule Creek) SD_UN_S106 53.30 6 and 9 (East Brule Creek) SD_UN_S200 53.49 NA (UNT to pond) SD_UN_OW1 53.52 NA (Unnamed) SD_UN_S102 57.95 NA (UNT to West Brule Creek) SD_UN_S101 59.14 NA (West Brule Creek) SD_LI_S042 61.19 NA (West Brule Creek) SD_LI_S09 63.03 NA (UNT to West Brule Creek) SD_LI_S10 63.36 NA Lincoln County, (West Brule Creek) 63.98 and South Dakota SD_LI_S08 64.53 NA (West Brule Creek)

SD_LI_S07 (Saddle Creek) 67.84 NA SD_LI_S11 70.79 NA (UNT Beaver Creek)

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State Fisheries Location Surface Waterbody MP Classification1 SD_LI_S06 71.17 NA (UNT Beaver Creek) SD_LI_S05 (Beaver Creek) 77.67 NA SD_LI_S03 79.16 NA (UNT to Beaver Creek) SD_LI_S215 (Unnamed)2 82.28 NA SD_LI_S201 (Unnamed)2 82.74 NA Ponca branch line NE_DX_S06 0.14 AqL Warm Water B (Badger Creek) Dixon County, NE_DX_S07 1.53 AqL - Warm Water A Nebraska (Aowa Creek) NE_DX_S08 1.79 NA (UNT to Aowa Creek) 1State Water Classification, South Dakota Surface Water Quality Standards: 4 = Warmwater permanent fish life propagation waters; 6 = Warmer marginal fish life propagation waters; 9 = Fish and wildlife propagation, recreation, and stock watering waters. Nebraska Surface Water Quality Standards: AqL = Aquatic Life (Warm Water Class A or B). 2All or a portion of the features were aerially delineated if access was not granted by landowner for environmental surveys, unsafe survey conditions existed, or surveys were not completed after landowner requested reroutes were adopted. The Missouri River is the most altered aquatic management area in South Dakota. Four major dams were constructed as a result of the 1944 Pick-Sloan Act, creating Lakes Oahe, Sharpe, Francis Case and Lewis and Clark. These dams have greatly altered the form and function of the river as well as the associated aquatic plants and animals. The only free-flowing river sections are located below Fort Randall Dam and Gavin’s Point Dam. Gavin’s Point National Fish Hatchery is the closest hatchery to the proposed Project and is located approximately 44 miles northwest of the Project area on the Lewis and Clark Lake impoundment of the Missouri River. The hatchery maintains 36 rearing ponds. The facility produces aquatic species including pallid sturgeon and paddlefish, which typically are stocked into the Missouri River, and walleye, sunfish species, yellow perch, large and smallmouth bass, bluegill, and black crappie, which may be used as stock throughout the region. Northern has determined the known occurrence of fish species through analysis of publicly available agency data, independent literature review and agency consultation. Representative game and commercial fish species that may occur in the Project area are listed in Table 3.1-2. Table 3.1-2 Representative Game and Commercial Fish Species Known to Occur in the Vicinity of the Project Area1 Suitable Habitat Name Species Type Present Walleye Sander vitreus Cool water No Sauger Sander canadensis Cool water No Yellow perch Perca flavescens Cool water No Largemouth bass Micropterus salmoides Warm water Yes Smallmouth bass Micropterus dolomieu Cool- and warmwater Yes Bluegill Lepomis macrochirus Cool- and warmwater Yes Pumpkinseed (sunfish) Lepomis gibbosus Cool- and warmwater Yes Black crappie Yes Pomoxis nigromaculatus Cool- and warmwater

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Suitable Habitat Name Species Type Present Channel catfish Ictalurus punctatus Warm water Yes Northern pike Esox lucius Cool and coldwater Yes Black bullhead Ameiurus melas Warm water Yes 1Federal- and state-listed T&E species are not included in Table 3.1-2; they are discussed in Section 3.4.

3.1.2 Fisheries of Special Concern Sensitive fish distribution data were obtained based on a review of the USFWS IPaC system and consultation with the USFWS Nebraska Field Office, USFWS South Dakota Ecological Services Office, SDGFP, and NGPC. This review identified that four federally listed or state-listed fish species have the potential to occur near the Project area including the pallid sturgeon, Topeka shiner, lake sturgeon and sturgeon chub. Further discussion regarding these species is provided in Section 3.4.

3.1.3 Construction and Operation Impacts Pipeline installation at waterbody crossings can cause river and stream channel alterations, which may cause detrimental effects to fish species and aquatic ecosystems that support them. Potential impacts on fish species from construction and abandonment activities may include degradation of in-stream habitat from equipment operation, pipeline trenching or excavation, water withdrawals/diversions, or inadvertent release of drilling mud during HDD operations. Waterbody crossing construction activities can compromise the integrity of the physical and chemical nature of fish habitat and affect the food chain, as well as fish behavior and physiology. Indicators of effect include water quality (total suspended solids); physical habitat (substrate particle size and channel morphology); benthic invertebrate community structure and drift (abundance, species composition, diversity, and standing crop); and fish behavior and physiology (hierarchy, feeding, respiration rate, and loss of equilibrium). Riparian vegetation contributes to the shading of rivers and their tributaries. The vegetation controls the amount of solar radiation that reaches the water surface, which in turn controls the input of heat into the stream system. Installing pipelines near waterways, or installing pipeline stream crossings, could necessitate the removal of some of the riparian growth. Once this vegetation is removed, the water would be subject to full sunlight exposure, which could cause increases to stream temperature and alter current aquatic habitats. For the Project, Northern will complete 24 waterbody crossings, including the crossing of the Missouri River, via HDD. Fifteen crossings will be conducted by open trench methods. Northern will utilize BMPs per the Plan and Procedures to reduce ground disturbance, minimize erosion and sediment run off and promote revegetation within the construction area. The SPCC plan for the Project (included in Appendix 2A) provides restrictions and mitigation measures to minimize potential impacts associated with the release of fuels, lubricants or other potentially toxic materials used during routine construction. Vegetation removal at waterbody crossings will be limited and Northern will implement its HDD Plan. Direct impacts on these waterbodies will be avoided by implementing the above-listed measures. Further description of waterbody construction and mitigation procedures to be implemented for the Project are provided in Section 2.2.10 of Resource Report 2.

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Prior to placing the Project into service, the pipeline segments will be hydrostatically tested. The pipeline segments will be filled with water obtained from an off-site source and brought onto the site. Hydrostatic test water will be containerized, tested and discharged on site in upland areas in accordance with the applicable state and local permit requirements, with the exception of water from any test segment within one mile of the Missouri River. Hydrostatic test water used within one mile of the Missouri River will be hauled off site to a publicly owned treatment facility. No impacts on fisheries or special status fish species are anticipated as a result of hydrostatic test water.

3.2 WILDLIFE Game and nongame-wildlife species are regulated and protected by state and federal agencies such as the USFWS, SDGFP and NGPC. Regulations such as the Endangered Species Act of 1973, the USFWS Conservation Act of 1980, and the USFWS Conservation Act of 1958 also regulate protected plant and animal species of concern. Additional information on federal and state threatened species can be found in Section 3.4. The Project area and surrounding vicinity is primarily comprised of agricultural habitat common in South Dakota and Nebraska. A review of pertinent literature and field observations was used to determine the spatial distribution, habitat requirements, and ecological status of wildlife species observed or known to occur in the Project vicinity. The setting and anticipated effects on terrestrial wildlife are described in Sections 3.2.1 and 3.2.2.

3.2.1 Existing Resources Land use is primarily agricultural with corn and soybeans being the major crops. The northern portion of the Project area is characterized as prairie pothole lakes and smaller wetlands scattered through farmland with shelterbelts, pasture and grassland. The area in the vicinity of the Missouri River crossing includes sandy riverbanks, stands of cottonwood, deciduous woods, open prairie and cropland. Common small game species found in the Project area may include ring-necked pheasant, prairie grouse, quail, ruffed grouse, sage grouse and partridge. Big game includes whitetail deer and turkey. Migratory waterfowl species common to the area include mallard, pintail, wood duck, blue-winged teal and redhead. Mammals include beaver, bobcat, coyote, muskrat, prairie dog, cottontail, jackrabbit, fox squirrel and raccoon. Reptiles and amphibians may include eastern tiger salamander, Great Plains toad, Woodhouse's toad, northern leopard frog, snapping turtle, painted turtle and plains garter snake. During peak migration (late April to early May) warblers, scarlet tanagers, northern orioles, red- breasted grosbeaks, indigo buntings, northern waterthrush, cape may warbler, goldenwinged warbler, black-throated green warbler, clay-colored sparrow, Lincoln’s sparrow, blackburnian warbler, yellow-bellied flycatcher and ruby-throated hummingbirds may be seen. Whip-poor-wills are common in summer, and red-breasted nuthatch, red crossbill, bald eagles, rough legged hawk and snow bunting are present during winter months. Eastern deciduous and pine woodlands found along rivers and streams in the vicinity of the Project area provide habitat for blue-gray gnatcatcher, long- eared owl, scarlet tanager, lark sparrow, Cooper’s hawk, sharp-shinned hawk, broad-winged hawk, ovenbird, indigo bunting, Bell’s vireo, yellow-throated vireo and ruby-throated hummingbird. Wildlife observed within the Project area during field surveys conducted between May 28 and October 26, 2019, included bald eagles, red-tailed hawk, turkey vultures, ring-necked pheasant, wild turkey, upland sandpiper, northern flicker, bobolink, eastern kingbird, redwing blackbird, yellow-

3-5 NORTHERN NATURAL GAS – South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION headed blackbird, American robin, mourning dove, sparrows, red-headed woodpecker, brown headed cowbird, chimney swift, eastern bluebird, indigo bunting, whitetail deer, raccoon and garter snake.

3.2.2 Construction and Operation Impact Construction and abandonment activities such as temporary clearing of the workspaces may reduce feeding, nesting, and cover habitat until vegetation has become re-established. Mobile species may be disturbed or displaced temporarily from portions of their habitats, and mortality of individuals of less mobile species, such as some small mammals, reptiles or amphibians, may occur. Indirect wildlife impacts associated with construction noise and increased human activity will be temporary and could include abandoned reproductive efforts, displacement and avoidance of work areas. However, both direct and indirect impacts on wildlife along the construction corridor, and other work areas, generally will be of short duration and limited to the period of construction and abandonment activities. Impacts on wildlife are expected to be minimal; however, there is the potential for construction and abandonment activities to cause unexpected injury to wildlife and/or livestock. For example, open trenches and welded pipeline sections could block movements of both large and small mammals across the construction ROW. Additionally, small animals could become trapped in open trench sections; larger mammals/livestock could become injured upon falling into open trenches. To protect wildlife from injury from the open trench, EIs will inspect the trench daily prior to construction or abandonment for wildlife (or livestock). Additionally, in locations where wildlife activity is anticipated, Northern will install ramps in the trench at regular intervals to provide an exit for wildlife that may fall into the trench and will provide gaps in spoil piles and pipe stringing to allow wildlife to exit the construction corridor. Fencing, ramps and gaps will be assessed on a site- specific basis, with the landowner, and will be applied based on the presence or absence of livestock and the amount of wildlife activity in a given area. Northern will implement the Plan and Procedures and will minimize the amount and time of open trench to minimize impacts on wildlife and livestock. In accordance with the Plan and Procedures, following construction and abandonment, temporary workspace outside the permanent ROW will be allowed to revert to pre-construction conditions. Effects to non-forested upland habitat disturbed by construction or abandonment will be temporary, and these areas are expected to recover quickly once construction or abandonment is completed. Similarly, Project-related impacts on emergent wetland habitats will be short-term. The temporary effects on these habitats should have little or no significant impact on their importance to wildlife, and no changes to wildlife populations are anticipated. Upland forested communities will be affected to a greater extent because of the time it can take for forested areas to return to pre-construction conditions. Construction and abandonment of the proposed Project will have minor impacts on wildlife habitat, causing localized impacts on wildlife populations. Completion of the Project will result in a temporary loss of vegetative cover. The areas of temporary impacts will be restored to pre- construction conditions pursuant to the provisions in the Plan and Procedures. Significant and sensitive wildlife habitats Significant and sensitive wildlife habitats include large tracts of contiguous forest, migrations routes and protected federal, state or private wildlife management areas. The USFWS has designated critical habitat for the piping plover in the Missouri River system and portions of the Missouri River and Ponca State Park, located in Nebraska, are classified as IBAs, as further described in Section 3.4.1.

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The proposed Project is located approximately 2.57 miles downstream from designated critical habitat for the piping plover and the IBAs. The Rosenbaum State WMA is located adjacent to the access road to the workspace on the north side of the Missouri River near MP 20.00 at 333rd Street and 478th Avenue but will not be crossed by the Project and no impacts to this area are expected. The Missouri River will be crossed by the Project and may provide habitat for the piping plover, interior least tern, pallid sturgeon, scaleshell mussel, lake sturgeon, sturgeon chub and northern river otter as described in Section 3.4.1. Northern will use the HDD method to avoid the habitat near the Missouri River crossing as well as wetlands and wooded areas within the Project area to the extent practicable. A majority of the construction and abandonment workspace for the Project is located within areas under active agricultural production or previously disturbed lands. The Plan and Procedures will be utilized to avoid and minimize habitat loss, alteration or fragmentation due to vegetation removal, hydrologic changes and sedimentation and soil compaction. Therefore, the Project will have no effects to significant or sensitive habitats. Refer to Section 3.4 for coverage of T&E species habitats.

3.3 VEGETATION 3.3.1 Existing Resources The primary vegetation cover type affected by construction and abandonment of the Project is agriculture (cropland and pasture). The Project area consists of approximately 948.94 acres of agriculture, 5.20 acres of forested habitat, 6.99 acres of wetland and 109.56 acres of open land. Information on acreages of vegetation types is detailed in Table 3.3-1. Additional information on existing resources along with temporary and permanent impacts from construction and operation of the Project are discussed below and in Resource Report 8, Section 8.1. Agriculture (Cropland and Pasture) Cropland includes areas that are regularly cultivated and used to grow row crops, including winter wheat, corn and soybeans. The field survey documented cropland that had recently been plowed, areas that had been harvested, and fallow or idle areas that appeared to be regularly used to grow agricultural crops. The common crops observed during environmental surveys were corn and soybeans. Forested The vegetation type encompasses upland forested areas including hardwood forest, mixed hardwood conifer forest, and pine plantation that are dominated by woody coniferous and deciduous vegetation. Common species observed include eastern cottonwood, silver maple, green ash, honey locust, hackberry, mulberry, American elm, box elder and black willow. Open Land This vegetation type encompasses upland areas, including areas that were being used to grow hay, areas to graze cattle, non-agricultural fields and/or other herbaceous areas that are dominated by a mixture of mid-grass or short-grass species. The vegetation also includes mowed areas and areas of mixed weeds and grass along roadsides. Common species observed in the Project area included non- native grasses including Kentucky bluegrass, smooth brome, reed canary grass and orchard grass.

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Wetland (Emergent and Forested) This vegetation type encompasses areas dominated by wetland vegetation and exhibiting hydric soils and wetland hydrology. A majority of the wetlands within the Project area are farmed wetlands that are tilled and planted for agricultural uses. Also present are wet meadows dominated by reed canary grass, barnyard grass, prairie cord grass and Kentucky bluegrass. Shallow marsh included hybrid cattail and reed canary grass. Hardwood swamp communities included eastern cottonwood, green ash and silver maple. Resource Report 2, Section 2.3, contains further discussion regarding characteristics of wetlands within the Project area. Noxious Weeds Lists of potential noxious and invasive weeds were obtained from federal and state sources prior to the field surveys. The federal list was obtained from the USDA’s Introduced, Invasive and Noxious Plants database. The South Dakota and Nebraska state lists were obtained from the SDDA and NDA. Noxious weeds are opportunistic and are often non-indigenous plant species that readily invade disturbed areas, resulting in monocultures. Invasive species prevent native plants from establishing communities. Noxious weeds also degrade agricultural and natural resources, including water, wildlife habitat and recreational use. Noxious and invasive weed surveys were conducted between May 28 and October 26, 2019. Leafy spurge (Euphorbia esula), Canada thistle (Cirsium arvense), sow thistle (Sonchus arvensis), musk thistle (Carduus nutans) and common reed (Phragmites australis), which are noxious and invasive weed species, were identified within the construction ROW and two proposed above-grade facilities. Invasive and noxious weed species, including leafy spurge, Canada thistle, plumeless thistle (Carduus acanthoides), and musk thistle were identified within and adjacent to wetlands and woodlands within the Project area; however, Northern plans to HDD these locations. Northern has developed a plan to mitigate, minimize and control the spread of invasive plant species within the Project area. A copy of the Noxious Weed Control Plan is included in Appendix 3B. The control plan includes a table which identifies specific noxious weed locations by MP and noxious weed species. The locations where noxious weeds were observed during the field surveys also are indicated on Figure 2-2, in Resource Report 2 and within the Noxious Weed Control Plan in Appendix 3B. Noxious weed control measures will be implemented in accordance with existing regulations and jurisdictional land management agencies or landowner agreements. Treatment methods will be based on species-specific and area-specific conditions (e.g., proximity to water, wetlands, riparian areas or agricultural area) and time of year. Most noxious weeds identified within the Project area may be treated by herbicide application. Mechanical methods of weed control may include mowing, discing and hand pulling of small, localized and/or isolated infestations of noxious weeds. Mechanical methods may be utilized in lieu of herbicide treatment for select locations. Discing will not be applied in native habitat areas. Northern will implement a combination of the following measures during construction and abandonment to minimize the spread of noxious weeds. • A pre-construction meeting will be held to provide project contractors with information and training regarding noxious weed identification and management. Contractors will be informed about measures to be taken to prevent the spread of noxious weeds in uncontaminated areas and about controlling the proliferation of weeds present in the Project area. Qualified EIs will conduct on-site monitoring before and during construction.

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• Silt fence will be installed around noxious weed areas in the proposed construction footprint, which will initially limit construction access to these areas. Noxious weed signs will be installed by Northern’s EIs. • The construction contractor will stockpile cleared noxious weeds and salvaged topsoil adjacent to the area from which they were stripped to prevent the transport of noxious weed seeds, roots, or rhizomes with the soil. Stockpiled soil from noxious weed areas will be marked with signage and will be returned to the areas from which they were stripped. Soil and vegetation from noxious weed areas would not be moved outside of the identified and marked noxious weed infestation areas. • In areas where full topsoil stripping cannot occur (e.g., wetlands), Northern will install a layer of geotextile fabric, or a functional equivalent, at the boundaries of areas containing noxious weeds. Then, a layer of construction mats will be installed. The contractor will utilize the mat road to traverse the noxious weed area, limiting direct contract with the area. The mats and fabric will be removed as part of final clean up. The mats will be sprayed and the fabric will be disposed of at a landfill. • Northern will HDD some areas of noxious weeds due to other sensitive environmental features. If the HDD travel lane will traverse a noxious weed area, Northern’s EIs will establish a cleaning area for the pedestrian traffic that traverses the noxious weed areas. Any equipment that enters a noxious weed area due to an inadvertent release of drilling mud will follow the procedures below. • Northern also will place cleaning stations along the Project route, as needed, to best minimize the spread of noxious weeds. Construction equipment and vehicles that are used to move vegetation and topsoil during clearing and restoration phases of the Project that come into contact with vegetation or disturbed soil in areas where noxious weeds have been identified will be cleaned before being allowed to work in non-noxious weed areas of the site. Equipment traveling out of noxious weed areas will be cleaned free of soil and plant debris prior to proceeding into an area without invasive plants. Water from the cleaning stations will be collected and transported off-site to an appropriate disposal facility. A typical drawing of the cleaning station is provided as Figure 1 of the Noxious Weed Control Plan provided as Appendix 3B. • All equipment entering or leaving the noxious weed areas will be logged with the date and time of entry, exit and confirmation that it was cleaned. • All ground disturbing equipment will be clean and free of soil or plant debris prior to arriving onsite. The on-site EI will inspect all equipment upon arrival and maintain a log of such inspections. In the event that equipment arrives in a manner not consistent with the above requirement(s), the EI will direct the contractor to clean the equipment at an off-site location prior to its use on the Project. • Access roads, the construction ROW or TWS, ETWS and staging areas that contain noxious weeds may be mowed prior to equipment access. The mower will be cleaned prior to leaving the noxious weed area. As an additional measure, Northern may elect to treat the noxious weed areas with an herbicide. Northern will not utilize herbicides within 100 feet of a wetland or waterbody. Northern will obtain landowner approval and use a licensed herbicide applicator to conduct the spraying. • Prior to excavation activities within wetlands with noxious weeds, a row of silt fencing will be installed at the boundaries of areas containing noxious weeds, and the fencing will be removed upon establishment of permanent vegetative cover in accordance with the Plan and Procedures.

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Restoration-specific BMPs include the following. • Northern will revegetate disturbed areas as soon as possible. Revegetation includes topsoil replacement, planting, seeding, fertilizing, and weed free mulching as necessary. Seeding will be conducted on disturbed areas that have reached final grade or that will remain undisturbed for 30 days. • Northern will use seed and other plant materials that have been certified as weed free. Northern does not propose any eradication measures within the identified areas. Northern will monitor the construction corridor in accordance with the Plan and Procedures to ensure that the noxious weeds do not spread outside of the areas where they have been documented during pre- construction surveys.

3.3.2 Construction and Operation Impacts The primary impact on vegetation will be a temporary loss of vegetative cover associated with construction and abandonment activities for the Project. The areas of proposed disturbance consist of the four vegetation cover types described in Section 3.3-1. The acreage of potential temporary and permanent impacts for each type of vegetation cover types are summarized on Table 3.3-1. Table 3.3-1 Estimated Disturbance of Vegetation Cover Types Agriculture Forested Wetland Open Land Facility Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent (acres)1 (acres)2 (acres)1 (acres)2 (acres)1 (acres)2 (acres)1 (acres)2 A-Line Subtotal 922.75 407.48 5.20 2.14 6.99 0.76 104.54 39.61 A-line Abandonment Subtotal 8.13 0.00 0.00 0.00 0.00 0.00 1.26 0.00 Ponca branch line Subtotal 18.06 8.81 0.00 0.00 0.00 0.00 3.76 1.12 Total3 948.94 416.29 5.20 2.14 6.99 0.76 109.56 40.73 1Temporary cleared areas consist of that portion of the construction ROW and ETWS that would be allowed to revegetate following construction. 2Permanently cleared areas consist of those portions of the permanent ROW that would be maintained. 3The totals shown in this table do not include non-vegetated areas such as Industrial/Commercial land; therefore, these numbers will not equal the total area of disturbance for the Project. 3.4 T&E SPECIES 3.4.1 Existing Resources The USFWS IPaC Environmental Conservation Online System was accessed to obtain a list of federally listed T&E, proposed and candidate species and federally designated critical habitat that may be present within the Project area. The list is provided in Appendix 3A. Northern also reviewed the Nebraska Natural Heritage Program Estimated Current Ranges of Threatened and Endangered Species: List of Species by County and the South Dakota Natural Heritage Database. Available data describing the life history, critical habitat and conservation measures associated with each species was used to help determine if the Project may have an adverse effect on listed species. Data was retrieved from sources including the USFWS Endangered Region 6 website, NatureServe Explorer Online Encyclopedia of Life, SDGFP and NGPC T&E species information available online, and relevant scientific journals and publications (see References). Field surveys to identify habitat were conducted between May 28 and October 26, 2019. Federally and state-listed species that

3-10 NORTHERN NATURAL GAS – South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION potentially occur within the vicinity of the Project along with the county and state where they may occur, their habitat description and anticipated project impacts are presented in Table 3.4-1 and discussed below.

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Table 3.4-1 Federally and State-listed Species Potentially Occurring in the Vicinity of the Project

Common Federal Habitat Description Anticipated Project Scientific Name State Status County/State Name Status Impacts Birds The birds nest, raise young, and forage Dixon and Dakota, Habitat present, may Nebraska and on sparsely vegetated sandbars on the Interior NE and SD Nebraska; Union, affect but is not Sterna antillarum South Dakota Missouri River. Nests are a small bowl- least tern Endangered South Dakota likely to adversely Endangered shaped dugout in open areas away from affect trees. May be found on shorelines of prairie Dixon and Dakota, freshwater lakes, alkali wetlands, and Habitat present, may Nebraska and Piping Charadrius NE and SD Nebraska; Union, major river systems, including the affect but is not South Dakota plover melodus Threatened South Dakota Missouri River; nests in shallow likely to adversely Threatened scrapes in the sand and lined with affect pebbles Exposed substrate at wetland edges for Rufa red Calidris canutus SD Lincoln and Union, stopover habitat and may forage in Habitat present, no None knot rufa Threatened South Dakota cultivated fields; does not breed in effect South Dakota Reptiles/Amphibians Eastern Open wooded areas near water and Heterodon South Dakota Habitat present, no hognose None Union, South Dakota sandy regions adjacent to cottonwood platirhinos Threatened effect snake forests along the Missouri River Prairies, grasslands, pastures, woodland Lined Tropidoclonion South Dakota Lincoln and Union, Habitat present, no None edges, and even city parks, city lots, snake lineatum Endangered South Dakota effect cemeteries, and backyards Large rivers, including the Missouri False map Graptemys South Dakota River, and their tributaries in Habitat not present, None Union, South Dakota turtle pseudogeographica Threatened association with the river and moving no effect water Fish Large river systems including the Dixon and Dakota, Habitat present, may Nebraska and Missouri River, with diversity of depths Pallid Scaphirhynchus NE and SD Nebraska; Union, affect but is not South Dakota and velocities, turbid, free-flowing, sturgeon albus Endangered South Dakota likely to adversely Endangered braided channels, sand bars, sand flats affect and gravel bars

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Common Federal Habitat Description Anticipated Project Scientific Name State Status County/State Name Status Impacts

Small to mid-sized prairie streams with Habitat may be relatively high water quality and cool to Topeka SD Lincoln and Union, present, may affect Notropis topeka None moderate temperatures; primarily shiner Endangered South Dakota but is not likely to perennial streams but possible in adversely affect intermittent streams Habitat present, may Lake Acipenser Nebraska Dixon and Dakota, Large lake and river systems including affect but is not sturgeon None fulvescens Threatened Nebraska the Missouri River likely to adversely

affect Nebraska Dixon and Dakota, Habitat present, may Sturgeon Missouri River and major tributaries; Macrhybopsis Endangered, Nebraska; Union, affect but is not chub None prefers fast, free flowing rivers with Gelida South Dakota South Dakota likely to adversely high turbidity and low visibility Threatened affect Deep areas of large, turbid rivers with Sicklefin Macrhybopsis South Dakota Habitat may be None Union, South Dakota fast currents where the substrate is firm chub meeki Threatened present, no effect sand or gravel. Northern South Dakota Small headwater streams, beaver Habitat may be redbelly Chrosomus eos None Lincoln, South Dakota Threatened ponds, and small spring fed lakes present, no effect dace Found in small, slow-moving streams Finescale Chrosomus South Dakota Habitat may be None Union, South Dakota with clear water, preferring creeks lined dace Endangered present, no effect neogaeus with sand or gravel Shovelnose Scaphirhynchus SD Large river systems including the Habitat may be None Union, South Dakota sturgeon platorynchus Threatened Missouri River present, no effect Mammals Winter habitat includes large caves and Habitat present, may Northern Nebraska and Dixon and Dakota, Myotis NE and SD mines; summer habitat includes tree affect but is not Long-eared South Dakota Nebraska; Union, septentrionalis Threatened cavities and crevices, loose bark of live likely to adversely Bat Threatened South Dakota or dead trees affect Major river systems, water ways, lakes, Habitat present, may Nebraska and Dixon and Dakota, and wetlands; den in hollow logs, Northern affect but is not Lontra canadensis None South Dakota Nebraska; Lincoln and underground space among roots, river otter likely to adversely Threatened Union, South Dakota overhangs, beaver lodges or dens and affect other animal burrows

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Common Federal Habitat Description Anticipated Project Scientific Name State Status County/State Name Status Impacts Plants Western Moist tallgrass prairie and sedge prairie Platanthera NE and SD Nebraska Lincoln and Union, meadows; big and little bluestem, Habitat not present, fringed praeclara Threatened Threatened South Dakota switchgrass, Indiangrass, and northern no effect orchid reedgrass are common associates Deciduous forests with rich soils along the Missouri River; dense, shaded American Panax Nebraska Dixon and Dakota, hillsides and wooded ravines, Habitat not present, None ginseng quinquefolius Threatened Nebraska associated with bloodroot, black no effect cohosh, maidenhair fern or yellow lady’s slipper Clams Found in clear, fast moving streams Dixon and Dakota, Scaleshell NE and SD Nebraska and rivers with gravel or sand Habitat present, no Leptodea leptodon Nebraska; Lincoln and mussel Endangered Endangered substrates in the riffles or fast moving effect Union, South Dakota currents

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Federally Designated Special Status Species Occurring in the Vicinity of the Project Northern received a letter from the USFWS Nebraska field office September 20, 2019. The USFWS determined that the following federally listed species may occur in the proposed Project area or be affected by the proposed action in Nebraska: • Pallid sturgeon • NLEB Northern received a letter from the USFWS South Dakota field office August 12, 2019. The USFWS determined that the following federally listed species may occur in the proposed Project area or be affected by the proposed action in South Dakota: • Interior least tern • Piping plover • Rufa red knot • Pallid sturgeon • Topeka shiner • NLEB • Western prairie fringed orchid. Only species identified in the consultation letters from the USFWS as potentially occurring or may be affected are discussed below. Species identified during the desktop review and not identified in the consultation letters are considered to be not affected by the Project, and no further evaluation is provided. The species evaluated and their habitats are described below. Interior Least Tern In South Dakota and Nebraska, the interior least tern utilizes sparsely vegetated sandbars on the Missouri River to nest, raise young and forage. The birds typically breed in South Dakota and Nebraska between May 1 and August 15. Young terns begin leaving the breeding area in late August with migration from the area complete by early September. Migrating and breeding/nesting birds may be potentially impacted by human presence and construction related noise, equipment, and activities. Temporary disturbance to migrating individuals is unlikely to have a measurable or detectable effect on the reproductive capacity or survival to migrating individuals. Construction activities have the potential for adverse effects on breeding birds if construction activities disturb nesting individuals to the extent that they are prevented from establishing or maintaining a nest or rearing a brood. Individual birds, their nests, eggs or chicks may be killed/destroyed if construction and abandonment activities take place in a wetland or waterbody utilized by breeding birds. The pipeline will be installed utilizing HDD methods to cross the Missouri River as described in Section 2.2 of Resource Report 2. Workspace for the crossing will be located more than 1,035 feet from the shore on the north side of the river and more than 935 feet on the south side of the river. No dredging within the Missouri River is proposed; therefore, Project activities are not likely to adversely affect this species. Northern will utilize appropriate BMPs within the Plan and Procedures to ensure soil erosion and runoff are minimized to the maximum extent possible to prevent siltation of waters. Additionally, a project-specific HDD Plan outlines mitigation in the case of a release of drilling mud from an HDD operation. The SPCC plan for the Project (included in Appendix 2A) provides restrictions and mitigation measures to minimize potential impacts associated with the release of fuels, lubricants or

3-15 NORTHERN NATURAL GAS – South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION other potentially toxic materials used during routine construction. Northern will conduct preconstruction surveys for least tern nests within 0.25 mile of the Project area at the crossing of the Missouri River. If any active nests are located, Northern will stop work and consult with the respective USFWS office and SDGFP or NGPC depending on the location of the nest. If a nest is active, no work will commence until the young have fledged. Based on the BMPs proposed, Northern has determined the Project may affect but is not likely to adversely affect the interior least tern. Piping Plover Piping plovers are small shore birds found along the Missouri River system and in large wetlands. In the Northern Great Plains, piping plovers use shorelines of prairie freshwater lakes, alkali wetlands, and major river systems, including the Missouri River, as primary courtship, nesting, foraging, sheltering, brood-rearing, and dispersal habitat. The birds typically breed in South Dakota and Nebraska between May 1 and August 15. The USFWS has designated piping plover critical habitat in the Missouri River system. The proposed Project is located approximately 2.57 miles downstream from designated critical habitat for the piping plover. The workspace for abandonment of the existing pipeline is approximately 0.1 mile from designated critical habitat for the piping plover. Impacts on piping plovers include disturbance of migrating and nesting individuals due to construction and abandonment activities. Temporary disturbance to migrating individuals is not anticipated to have a measurable or detectable effect on their reproductive capacity or survival. Human presence and noise from equipment have the potential to impact breeding plovers and has the potential to disturb breeding pairs, preventing them from establishing or maintaining a nest or rearing a brood in areas where construction and abandonment takes place in suitable habitat. Individuals also may be killed or injured and eggs and nests may be crushed if construction and abandonment take place in a wetland where piping plovers are breeding. As such, the potential for an adverse impact exists. By timing construction and abandonment activities to occur outside the nesting season, impacts on breeding adults, chicks, eggs and active nests would be avoided. Alternatively, impacts on breeding birds, their nests and young can be avoided by conducting pre- construction surveys to confirm plover and nest absence immediately prior to the onset of construction activities. Northern will conduct preconstruction surveys for piping plover nests within 0.25 mile of the Project area at the crossing of the Missouri River. If any active nests are located, Northern will stop work and consult with the respective USFWS office and SDGFP or NGPC depending on the location of the nest. If a nest is active, no work will commence until the young have fledged. Based on the BMPs proposed, Northern has determined the Project may affect but is not likely to adversely affect the affect piping plovers. Rufa Red Knot The rufa red knot is a large sandpiper noted for its long-distance migration between summer breeding grounds in the Arctic and wintering areas at high latitudes in the Southern Hemisphere. Some rufa red knots wintering in the northwestern Gulf of Mexico migrate through interior North America during both spring and fall and use stopover sites in the Northern Great Plains. The species relies on exposed substrate at wetland edges for stopover habitat; the suitability of a wetland for rufa red knots depends on water levels and may vary annually. Rufa red knots also have been reported to forage in cultivated fields when migrating through interior North America. This species is not known to breed in South Dakota. Temporary disturbance to migrating individuals is not anticipated to have a

3-16 NORTHERN NATURAL GAS – South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION measurable or detectable effect to their reproductive capacity or survival. Therefore, Northern has determined the Project will have no effect to the rufa red knot. Pallid Sturgeon The pallid sturgeon is associated with large river systems in the continental interior, such as the Mississippi, Yellowstone and Missouri rivers. The pallid sturgeon prefers a habitat that has a diversity of depths and velocities formed by braided channels, sand bars, sand flats and gravel bars. The pallid sturgeon’s preferred habitat includes the benthic environment associated with swift waters of large turbid, free-flowing rivers with braided channels, dynamic flow patterns, periodic flooding of terrestrial habitats and requiring extensive micro habitat diversity. The species inhabits the Missouri and Mississippi rivers from Montana to Louisiana. Wild pallid sturgeon have been noted in the Missouri River from its confluence with the Mississippi River upstream to Great Falls, Montana. Pallid sturgeon also have been captured in downstream reaches of several major tributaries of the Missouri River, such as the Platte, Big Sioux, James, and Niobrara rivers. Impacts on pallid sturgeon breeding and foraging habitat are not anticipated. The pipeline will be installed utilizing HDD methods to cross the Missouri River and no dredging is proposed. Northern intends to install the pipeline 40 feet below the channel bed, which minimizes the likelihood of pipeline rupture due to bed degradation. Northern will utilize appropriate BMPs within the Plan and Procedures to ensure soil erosion and runoff are minimized to the maximum extent possible to prevent siltation of waters. Additionally, a project specific HDD Plan will outline mitigation in the case of a release of drilling mud from an HDD operation. Northern will use a publicly owned water source for hydrostatic pressure testing and drilling. No water will be appropriated from the Missouri River. Therefore, Northern has determined the Project may affect but is not likely to adversely affect the pallid Sturgeon. Topeka shiner The Topeka shiner is found in small to mid-sized prairie streams of the central prairie regions of the United States with relatively high water quality and cool to moderate temperatures. Many of these streams exhibit perennial flow, although some become intermittent during summer or periods of prolonged drought. In South Dakota, the Topeka shiner is known to occupy three watersheds: the James River, Vermillion River, and the Big Sioux River watersheds. The Project will cross six perennial streams in the Vermillion and Big Sioux watersheds. No streams will be crossed in the James River watershed. The USFWS Topeka Shiner Species Status Assessment provides identification of the streams with known occurrences of Topeka shiners in South Dakota (USFWS, 2018). According to this assessment, there is one creek, Saddle Creek, which will be crossed by the A-line at MP 67.84, known to have occurrences of the Topeka shiner. Northern will use the HDD method to cross this stream. Workspace at this crossing is located 276 feet from the stream bank on the north side of the creek. Workspace on the south side of the creek is 218 feet away from the stream bank. Additionally, 289th Street crosses between the workspace and the creek on the south side. The SDGFP and NGPC did not identify any occurrence of the Topeka shiner within the Project area. Critical habitat for the Topeka shiner is not present in South Dakota or Nebraska. As discussed in Section 3.4.2, the SDGFP stated in a letter August 29, 2019, that no anticipated significant impacts on fish and wildlife resources are anticipated if avoidance and minimization measures and BMPs called for in the letter are utilized. Measures to avoid impacts on the Topeka shiner include:

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• Avoid construction and abandonment activities during the spawning period from May 15 to July 31 • Minimize work area at stream locations. A majority of the work involving heavy equipment and storage sites should occur above the high-bank line • Implement comprehensive and effective erosion and sediment controls • Monitor erosion and sediment controls daily during construction and abandonment • Methods that block a stream should not be constructed for extended periods of time; if temporary blocks are necessary, flexible water barriers should be used • Exposed stream banks must be stabilized immediately after construction and abandonment activity • Erosion repair and streambank restoration should use appropriate bioengineering solutions • No in-water dredging and substrate disturbance will occur in Topeka shiner inhabited streams • Develop and implement a hazardous materials safety protocol (Northern’s SPCC Plan) Northern will implement the measures described above. Northern will conduct the crossing of Saddle Creek after July 31, outside of the spawning season, and will utilize appropriate BMPs within the Plan and Procedures to ensure soil erosion and runoff are minimized to the maximum extent possible to prevent siltation of waters. Additionally, the HDD Plan and the SPCC plan also will provide BMPs to limit impacts. Based on the proposed BMPs, Northern has determined the Project may affect but is not likely to adversely affect the Topeka shiner. Northern long-eared bat The NLEB is a medium-sized brown bat that derives its name from its oversized ears relative to other members of the genus Myotis. NLEB are known to be present in the Project area during the summer months, primarily roosting either singly or in colonies under loose bark or in crevices and hollows in both live trees and snags. A habitat generalist, roost tree selection appears also to be opportunistic; the species uses a variety of tree sizes and species. Some hibernacula have been documented in caves/mines in the Black Hills, the species has been documented in other forested areas in the state during the summer months, and along the Missouri River during migration. Migration to summer habitat occurs between mid-March and mid-May. The species is most likely to be found in forested wetlands and riparian areas. Potential impacts on individual bats may occur if abandonment, clearing or construction takes place when the species is breeding, foraging, or raising pups in its summer habitat. Bats may be injured or killed if occupied trees are cleared during this active window, and the species may be disturbed during abandonment, clearing or construction activities due to noise or human presence. Potential mitigation measures may include clearing trees or constructing in occupied areas during the winter months when the species is in hibernation. These effects are localized and are not likely to cause long-term declines in the northern long-eared bat population. A total of 5.92 acres of trees will be cleared during construction of the A-line. No tree clearing is proposed for construction and abandonment of the Ponca branch line. Northern will complete tree clearing in April or May 2021 to avoid potential impacts on bats. Northern will utilize the HDD method to cross the Missouri River, and no tree clearing is proposed within the workspace for the river crossing. Dixon County, Nebraska, is listed as a county with documented occurrences of white-nose syndrome-infected hibernacula. Lincoln and Union counties, South Dakota, and Dakota County, Nebraska, are within the White-Nose Syndrome Zone; therefore, the Project falls within the white-

3-18 NORTHERN NATURAL GAS – South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION nose syndrome buffer zone per the Final 4(d) Rule. The SDNHD and the NGPC review did not indicate that the Project is within 0.25 mile of a known, occupied hibernaculum or within 150 feet of known, occupied maternity roost trees. However, as discussed in Section 3.4.2, Northern received a letter from the USFWS Nebraska field office September 20, 2019, stating that the NLEB may occur in the proposed Project area or be affected by the proposed action. The USFWS noted that NLEB has been found hibernating in limestone escarpments along the Missouri River in the vicinity of the proposed Project. Field surveys completed for the Project confirmed that limestone escarpments are not present within 0.25 mile of the project area. The NLEB 4(d) Rule Streamlined Consultation Form will be utilized to ensure that any incidental take of the NLEB is not prohibited by the Final 4(d) Rule. Subsequently, the Project may affect but is not likely to adversely affect the NLEB and will not cause prohibited take. Western Prairie Fringed Orchid Moist tallgrass prairie and sedge meadows are appropriate habitat for the western prairie fringed orchid. Big and little bluestem, switchgrass, Indiangrass and northern reedgrass are common associates in orchid habitat. Western prairie fringed orchids were historically found in the tallgrass prairie regions west of the Mississippi River in Oklahoma, Missouri, Kansas, Iowa, Nebraska, Minnesota, North Dakota, South Dakota and Manitoba, Canada. In South Dakota potential habitats included mesic upland prairies, wet prairies, sedge meadows, sub irrigated prairies and swales in sand dune complexes. Field surveys conducted for the Project between May 28 and October 26, 2019, did not identify any remnant tallgrass prairie dominated by bluestem, switch grass, Indiangrass or northern reedgrass. No sedge meadows containing appropriate habitat for the western prairie fringed orchid were identified. Most wetlands were either farmed or dominated by non-native species such as reed canary grass. The project area is dominated by cultivated cropland and wetlands are primarily farmed or disturbed wetland. A total of 7.04 acres of wetland will be temporarily impacted and permanent impacts will total 1.35 acre. Northern has designed the Project to HDD a majority of the wetlands that are not farmed or associated with roadside ditches. Table 2.3 in Resource Report 2 identifies the types of wetlands crossed by the Project and the methods used to cross them. Northern has determined the Project will have no effect to the western prairie fringed orchid. Scaleshell Mussel The scaleshell mussel is a small freshwater mussel. Scaleshell mussels are important in an ecosystem because of their role in filtering or cleaning the water, as well as their role as prey for numerous species. Additionally, they are known as an indicator species, their presence in a stream or river indicates good water quality. Historically, the scaleshell mussel was found across much of the eastern United States. Today, it is found in 14 isolated populations. In Nebraska, it is found in a small area north of Highway 20 from Yankton to South Sioux City. Scaleshell mussels are most likely to be found in clear, fast-moving streams and rivers with gravel or sand substrates (bottoms). Within streams and rivers, they can be found in the riffles or fast moving currents. They burrow themselves into the gravel or sand with only a small portion of their shell visible. They require good water quality. Due to their sedentary lifestyle and their lack of mobility, the population of scaleshell mussels is highly impacted by water quality. If water quality deteriorates, the mussels are not able to move rapidly and escape the poor conditions. Issues impacting water quality include increased sedimentation, changes in water temperature and changing water flow patterns. Each of these issues can be caused by human actions including dam construction, poor land management, and increased

3-19 NORTHERN NATURAL GAS – South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION run-off. Water quality also may deteriorate due to chemical (pesticide, herbicide, factory and urban) discharge or run-off. Additionally, the scaleshell mussel can be greatly impacted by invasive species such as the zebra mussel which can attach to the scaleshell mussel and suffocate it. The SDGFP and NGPC did not identify any occurrences of the scaleshell mussel within the project area. As discussed in Section 3.4.3, the SDGFP stated in a letter August 29, 2019, that no anticipated significant impacts on fish and wildlife resources are anticipated if avoidance and minimization measures and BMPs called for in the letter are utilized. Northern will utilize appropriate BMPs within the Plan and Procedures to ensure soil erosion and runoff are minimized to the maximum extent possible to prevent siltation of waters. Additionally, the HDD Plan and the SPCC plan also will provide BMPs to limit impacts. Based on the proposed BMPs, Northern has determined the Project will have no effect to the scaleshell mussel. State Designated Special Status Species Occurring in the Vicinity of the Project Northern received a letter from the SDGFP August 29, 2019. The SDGFP determined that no T&E species were found in the immediate project area. However, one state threatened species, the eastern hognose snake, was located in and around Elk Point, South Dakota, as well as along the Missouri River between Elk Point and the proposed Missouri River crossing. The following state listed species may occur in the proposed Project area or be affected by the proposed action in South Dakota: • Eastern hognose snake Northern received a letter from the NGPC August 29, 2019. The state listed species identified by the NGPC that are known to occur or potentially occur within the project area in Nebraska are: • Interior least tern • Piping plover • Pallid sturgeon • Lake sturgeon • Sturgeon chub • NLEB • Northern river otter • American ginseng • Scaleshell mussel Only species identified in the consultation letters from the SDGFP or NGPC as potentially occurring or may be affected are evaluated. Species identified during the desktop review and not identified in the consultation letters are considered to not be affected by the Project, and no further evaluation is provided. Species that also have a federal designation are discussed above. The remaining state-listed species and their habitats are described below. Eastern hognose snake In South Dakota, typical habitat for the eastern hognose snake includes open wooded areas near water and have been documented in sandy regions adjacent to cottonwood forests along the Missouri River. As recommended by the SDGFP, Northern will complete visual surveys for eastern hognose snakes along the proposed pipeline route starting one mile from the Missouri River to the point where the pipeline will cross the Missouri River prior to construction. Northern will suspend ground- disturbing activities and contact the SDGFP for further input if eastern hognose snakes are identified. Based on the proposed survey and construction plan, Northern has determined the Project will have no effect to the eastern hognose snake.

3-20 NORTHERN NATURAL GAS – South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION

Lake sturgeon The lake sturgeon can be found in the Mississippi River and St. Lawrence River drainages north into Canada but has rarely been collected from the lower Platte River and is uncommon in the Missouri River bordering Nebraska. As their name implies, lake sturgeon inhabit large lake regions, such as Hudson Bay and the Great Lakes, in addition to river systems. Lake sturgeon may be capable of extremely long migrations but are prevented from entering rivers and smaller lakes by natural barriers and human alteration of river and lake systems. The pipeline will be installed utilizing HDD methods to cross the Missouri River. No dredging within the Missouri River is proposed; therefore, project activities are not likely to adversely affect this species. Additionally, the HDD Plan and the SPCC plan will also provide BMPs to limit impacts. Based on the proposed BMPs, Northern has determined the Project may affect, but is not likely to adversely affect, the lake sturgeon. Sturgeon chub The sturgeon chub is a small minnow species reaching up to four inches in length; however, most individuals range between 1.5 inches to 2.5 inches in length. The sturgeon chub is recognized by its long, flat snout with a barbell at the corner of its mouth. They are brown to olive colored on their back and white or silver on their belly. Fins are relatively large and are clear. The sturgeon chub is found in the Mississippi and Missouri rivers along with several major tributaries. In Nebraska, the sturgeon chub is found in the Missouri River and lower portions of the Platte River. This species prefers fast, free flowing rivers with high turbidity and low visibility. The low visibility conditions help protect this small fish from larger predators. The most critical factor leading to the decline in sturgeon chub populations is the change in hydrology in large river systems including the Missouri River watershed. This change in hydrology is primarily induced by the development of dams. The pipeline will be installed utilizing HDD methods to cross the Missouri River. No dredging within the Missouri River is proposed; therefore, project activities are not likely to adversely affect this species. Additionally, the HDD Plan and the SPCC plan also will provide BMPs to limit impacts. Based on the proposed BMPs, Northern has determined the Project may affect, but is not likely to adversely affect, the sturgeon chub. Northern river otter The range of the northern river otter extends throughout Canada and the United States. They are found along water ways, lakes, and wetlands. In Nebraska and South Dakota, river otters can be found along all major river systems. They may den in hollow logs, underground space among roots, overhangs, beaver lodges or dens and other animal burrows. They often have a large home range to ensure they have enough food and resources. The pipeline will be installed utilizing HDD methods to cross the Missouri River as described in Section 2.2 of Resource Report 2. No dredging within the Missouri River is proposed; therefore, project activities are not likely to adversely affect this species. Additionally, the HDD Plan and the SPCC plan will also provide BMPs to limit impacts. Based on the proposed BMPs, Northern has determined the Project may affect, but is not likely to adversely affect, the northern river otter.

3-21 NORTHERN NATURAL GAS – South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION

American ginseng In Nebraska, this species is found in the deciduous forests along the Missouri River on the state’s eastern border. American ginseng is found in the understory of eastern deciduous forest with rich soils. This plant prefers moist, but not wet soils, and is most often found on hillsides and wooded ravines. Woodlands must be dense and provide adequate shade for ginseng to be present. A wooded area that contains bloodroot, black cohosh, maidenhair fern or yellow lady’s slipper is considered to be good habitat for American ginseng. The NGPC letter dated August 29, 2019, stated that habitat is not present and that the Project will have no effect to the American ginseng based on NGPC’s review of the Project, aerial photographs and the Nebraska NHD. Northern has determined the Project will have no effect on the American ginseng. MBTA Protected Species Migratory birds are protected under the MBTA [16 USC §§ 703-711], which prohibits the taking of any migratory bird, or a part, nest, or eggs of any such bird, except under the terms of a valid permit issued pursuant to federal regulations. Bald and golden eagles are additionally protected under the Bald and Golden Eagle Protection Act (16 USC §§ 668-668d). Northern has identified the BCC and IBAs in the project area. BCRs are geographically based subsets of the larger BCC list. A majority of the Project is within the Eastern Tallgrass Prairie BCR (BCR 22). The portion of the Project from MP 35.43 to MP 40.77 and MP 65.57 to MP 83.9 are within the Prairie Potholes BCR (BCR11). The species listed in BCR 11 and 22 are provided in Table 3.4-2 and represent bird species of concern, including those protected under the MBTA (and some non-MBTA- protected species), that represent the USFWS’ highest conservation priorities (USFWS, 2008). Table 3.4-2 Birds of Conservation Concern that Potentially Occur in the Project Areas

Common Name Scientific Name Common Name Scientific Name BCR 11 BCR 22 Horned grebe Podiceps auritus Pied-billed grebe Podilymbus podiceps American bittern Botaurus lentiginosus Horned grebe (nb) Podiceps auritus Least bittern Ixobrychus exilis American bittern Botaurus lentiginosus Bald eagle (b) Haliaeetus leucocephalus Least bittern Ixobrychus exilis Swainson's hawk Buteo swainsoni Black-crowned night-heron Nycticorax nycticorax Peregrine falcon (b) Falso peregrinus Bald eagle (b) Haliaeetus leucocephalus Yellow rail Coturnicops Peregrine falcon (b) Falco peregrinus noveboracensis Black rail Laterallus jamaicensis Mountain plover Charadrius montanus Solitary sandpiper (nb) Tringa solitaria Solitary sandpiper (nb) Tringa solitaria Upland sandpiper Bartramia longicauda Upland sandpiper Bartramia longicauda Whimbrel (nb) Numenius phaeopus Long-billed curlew Numenius americanus Hudsonian godwit (nb) Limosa haemastica Hudsonian godwit (nb) Limosa haemastica Marbled godwit (nb) Limosa fedoa Marbled godwit Limosa fedoa Red knot (roselaari ssp.) Roselaari ssp. Buff-breasted sandpiper Tryngites subruficollis (nb) (nb) Red knot (rufa ssp.) (a) (nb) Rufa ssp. Short-billed dowitcher (nb) Limnodromus griseus Buff-breasted sandpiper (nb) Tryngites subruficollis Black tern Chlidonias niger Short-billed dowitcher (nb) Limnodromus griseus Black-billed cuckoo Coccyzus Black tern Chlidonias niger erythropthalmus Common tern Sterna hirundo Short-eared owl Asio flammeus Black-billed cuckoo Coccyzus erythropthalmus Short-eared owl (nb) Asio flammeus

3-22 NORTHERN NATURAL GAS – South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION

Common Name Scientific Name Common Name Scientific Name BCR 11 BCR 22 Red-headed woodpecker Melanerpes Whip-poor-will Antrostomus vociferus erythrocephalus Red-headed woodpecker Melanerpes erythrocephalus Sprague's pipit Anthus spragueii Northern flicker Colaptes auratus Grasshopper sparrow Ammodramus Acadian flycatcher Empidonax virescens savannarum Loggerhead shrike Lanius ludovicianus Baird's sparrow Ammodramus bairdii Bell's vireo (c) Vireo bellii Nelson's sharp-tailed Ammodramus nelson Bewick's wren (bewickii Thryomanes bewickii sparrow ssp.) McCown's longspur Rhynchophanes mccownii Wood thrush Hylocichla mustelina Smith's longspur (nb) Calcarius pictus Blue-winged warbler Vermivora cyanoptera Chestnut-collared longspur Calcarius ornatus Cerulean warbler Dendroica cerulea Dickcissel Spiza americana Prothonotary warbler Protonotaria citrea Kentucky warbler Oporonis formosus Field sparrow Spizella pusilla Grasshopper sparrow Ammodramus savannarum Henslow's sparrow Ammodramus henslowii Smith's longspur (nb) Calcarius pictus Dickcissel Spiza americana Rusty blackbird (nb) Euphagus carolinus (a) ESA candidate (b) ESA delisted (c) non-listed subspecies or population of threatened or endangered species (nb) non-breeding in this BCR IBAs are discrete sites that provide essential habitat for one or more bird species and include habitat for breeding, wintering, and/or migrating birds (Audubon, 2019). Ponca State Park and the Nebraska Missouri National Recreational River/South Dakota Lower Missouri River channel are the nearest IBAs and are located approximately 1.6 miles from the Project area at the nearest point to the Project. Within the Missouri River, these areas support piping plover, interior least tern, waterfowl and shorebirds. Within Ponca State Park, the woods support many nesting species such as whip-poor-will and scarlet tanager, while dickcissels nest in the grasslands. There is an active bald eagle nest on site and dozens of bald eagles have been spotted on migration. Main threats are inundation of nests on sand bars, predation by great blue herons, gulls, raptors, and mink, and disturbance by humans. The Project will not cross Ponca State Park land or the portion of the Missouri River, which is designated as an IBA; therefore, the Project will not affect these areas. Completion of the Project has the potential to impact birds protected under the MBTA. Under the MBTA, construction activities in grassland, roadsides, wetland, riparian, shrubland or woodland habitats, and those that occur on bridges or culverts that would otherwise result in the taking of migratory birds, eggs, young, and/or active nests should be avoided. Although the provisions of the MBTA are applicable throughout the entire year, most migratory bird nesting activity in South Dakota occurs from May 1 to August 1. Migratory bird nesting activity in Nebraska occurs from April 1 to July 15. However, some migratory birds are known to nest outside of the aforementioned primary nesting season periods. In Nebraska, raptors can be expected to nest in woodland habitats February 1 through July 15, whereas sedge wrens, which occur in some wetland habitats, normally nest from July 15 to September 10. Northern plans to begin construction spring 2021, within the primary nesting season. Construction will continue through November 2021. Northern will attempt to limit removal or impacts to vegetation during primary nesting season of breeding birds. If construction and abandonment work cannot be avoided during peak breeding season, Northern will

3-23 NORTHERN NATURAL GAS – South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION have a biologist conduct a pre-construction nest survey for breeding birds within the project workspaces. The nest survey will determine the absence or presence of breeding birds and their nests. Pre-construction nest surveys will be completed according to the following procedures. • No more than seven days before construction and abandonment activities commence, pre- construction nest surveys for migratory birds will be completed by a qualified avian biologist. The area surveyed will include the proposed workspaces or areas where potentially suitable habitat has been identified. • Northern will conduct preconstruction surveys for least tern and piping plover nests within 0.25 mile of the Project area at the crossing of the Missouri River. If any active nests are located, Northern will stop work and consult with the respective USFWS office and SDGFP or NGPC depending on the location of the nest. If a nest is active, no work will commence until young have fledged. • If an occupied raptor nest is observed during the survey, construction and abandonment activities will not be permitted within a 660-foot buffer of the raptor nest site during the breeding season or until the fledglings have left the area. Northern will complete consultation with the respective USFWS field office, and NGPC or SDGFP if an active raptor nest is observed. • If a nest, other than a raptor nest, is observed during the survey, construction and abandonment activities will not be permitted within a 100-foot buffer of the nest until consultation with the respective USFWS field office, and NGPC or SDGFP occurs. Northern will implement buffers and practices recommended by agencies during the consultation. • Upon completion, the survey results will be submitted to the USFWS, and NGPC or SDGFP, as appropriate. If breeding birds are not present, construction and abandonment can proceed with no restrictions. If breeding birds or active nests are present, additional consultation will be completed. Nest surveys for migratory bird surveys will be conducted prior to any abandonment, clearing or construction activity; therefore, the Project will have no effect on nesting migratory birds of concern. To assess the potential for impact on raptors, Northern’s field surveys for the Project completed between May 28 and October 26, 2019, included 0.5-mile line-of-site raptor nest surveys. One active bald eagle nest was located approximately 1.1 miles west of the A-line near MP 22.00. No golden eagle or raptor nests were observed during these surveys. Northern proposes to initiate construction in April and May 2021 and will conduct pre-construction bird nest surveys within all construction areas within seven days prior to construction and abandonment. If any nests are observed, Northern will contact the USFWS to determine any necessary avoidance or mitigation measures. Due to the use of pre-construction nesting bird surveys which will minimize any potential effect of the Project on nesting migratory birds, Northern determined the Project does not cross an IBA and will have no effect to birds protected under the MBTA. 3.4.2 Construction and Operation Impacts and Agency Consultation Federally Designated Special Status Species Occurring in the Vicinity of the Project Northern has completed initial informal consultation with the USFWS South Dakota Ecological Services Field Office and Nebraska Ecological Services Field Office July 31, 2019. Northern requested that the USFWS Nebraska Field Office and the USFWS South Dakota Ecological Services Office review the Project for potential impacts on federally listed T&E.

3-24 NORTHERN NATURAL GAS – South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION

Northern received a letter from the USFWS Nebraska field office dated September 20, 2019, stating that the NLEB and pallid sturgeon may occur in the proposed Project area or be affected by the proposed action. The USFWS noted that NLEB has been found hibernating in limestone escarpments along the Missouri River in the vicinity of the proposed Project. The agency recommended that tree clearing be avoided during the June 1 to July 31 pup season to avoid impacts on the NLEB. Additionally, tree clearing activities could impact NLEB hibernacula near the project site in limestone escarpments along the Missouri River. In September 2019, Northern provided additional information to the USFWS regarding the conservation measures adopted to minimize the Project’s effect on the pallid sturgeon. The USFWS Nebraska Field Office provided three conservation measures via email. Northern acknowledged these measures will be implemented. The measures include installing the pipeline 40 feet below the channel bed minimizing the likelihood of pipeline rupture due to bed degradation, utilizing a publicly owned water source for hydrostatic pressure testing and drilling, and locating construction equipment 200 feet or more from the Missouri River. Northern received a letter from the USFWS South Dakota Ecological Services Office August 12, 2019, noting least terns and piping plovers may occur on sparsely vegetated interchannel sandbars, islands and shorelines along the Missouri River and recommending that no construction should take place within 0.25 mile of any known piping plover or least tern nest. These species typically breed in South Dakota between May 1 and August 15. The office stated that NLEB has been documented along the Missouri River, and the 4(d) rule exempts take of NLEB in certain circumstances. The rufa red knot uses habitat similar to the plover and tern but does not breed in South Dakota. No confirmed breeding of wild pallid sturgeon have been documented in South Dakota in more than a decade, however, the sturgeon still occurs in the Missouri River. The Western prairie fringed orchid has not recently been documented in South Dakota. If potential western prairie fringed orchid habitat exists within the project area, surveys for the orchid should be considered. The USFWS South Dakota Ecological Services office listed several BMPs be implemented to avoid impacts on Topeka shiner. As described in section 3.4.1 and in further detail in Section 2.2.10 of Resource Report 2, Northern will avoid conducting instream work to the extent practicable and will utilize various BMPs to avoid impacts to the Topeka shiner. Northern determined that the Project “may affect but is not likely to adversely affect” interior least tern, piping plover, pallid sturgeon, Topeka shiner, and NLEB. Northern determined that the Project would have no effect on the rufa red knot, shovelnose sturgeon, American burying beetle, western prairie fringed orchid, scaleshell mussel or migratory birds. A copy of the habitat assessment report that will be submitted to the USFWS is included in Appendix 3A. Northern will provide copies of the correspondence and any responses to the FERC when available. State Designated Special Status Species Occurring in the Vicinity of the Project Northern completed initial informal consultation with the NGPC and the SDGFP July 31, 2019. Northern reviewed the NGPC CERT and requested feedback from the field office. Northern requested that the SDGFP review the South Dakota NHD for the Project for state-listed T&E species with the potential to occur within the Project area. Northern received a letter from the NGPC August 29, 2019, stating that there does not appear to be habitat for NLEB or American ginseng within the Project area. The NGPC also stated that the Missouri river does supply habitat for interior least tern, pallid sturgeon, scaleshell mussel, piping plover, sturgeon chub, river otter and lake sturgeon. The NGPC determined the Project “may affect, but is not likely to adversely affect” interior least tern, pallid sturgeon, scaleshell mussel, piping

3-25 NORTHERN NATURAL GAS – South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION plover, sturgeon chub, river otter and lake sturgeon, and will have “no effect” on all other state-listed endangered or threatened species. Northern received a letter from the SDGFP August 29, 2019, noting that no T&E species were found in the immediate project area. However, the eastern hognose snake has been documented in and around Elk Point, South Dakota, as well as along the Missouri River between Elk Point and the proposed Project crossing of the Missouri River. In South Dakota, eastern hognose snakes typically inhabit open wooded areas near water and have been documented in sandy regions adjacent to cottonwood forests along the Missouri River. The SDGFP stated that based on the information provided by Northern, there is no anticipated significant impact on fish and wildlife resources if disturbance to riparian and wetland areas are kept to a minimum; if riparian vegetation is lost it should be quantified and replaced on site. Seeding of indigenous species should be conducted immediately after construction, a site-specific sediment and erosion control plan including post-construction erosion control is implemented, and visual surveys are completed for the eastern hognose snake along the proposed pipeline route starting one mile from the Missouri River to the point where the pipeline will cross the Missouri River prior to construction. The Lake Andes Wetland Management District administers easements and fee title properties and was contacted December 10, 2019, and January 22, 2020, to determine whether Service interest lands exist within the project area and whether any additional restrictions may apply. Northern will provide the response to FERC when received. Regarding state-listed species, Northern determined that the Project “may affect but is not likely to adversely affect” river otter, sturgeon chub and lake sturgeon. Northern determined that the project would have no effect on the American ginseng, eastern hognose snake, lined snake, false map turtle, sicklefin chub, northern redbelly dace and the finescale dace. A copy of the habitat assessment report that will be submitted to the USFWS, NGPC and SDGFP is included in Appendix 3A. Agency correspondence received to date is included in Appendix 3C.

REFERENCES Federal Energy Regulatory Commission (FERC). 2013, Upland Erosion Control, Revegetation, and Maintenance Plan. May 2013. FERC. 2013, Wetland and Waterbody Construction and Mitigation Procedures. May 2013. NatureServe. 2019, Retrieved from NatureServe Explorer: An online encyclopedia of life. Available online at http://explorer.natureserve.org. Accessed December 10, 2019. NGPC. 2019, Threatened and Endangered Species Fact Sheets. Available online at http://outdoornebraska.gov/endangeredspecies/. Accessed December 2019. USDA, 2019, Federal Noxious Weeds. Accessed online at https://plants.usda.gov/java/noxious rptType=Federal. Accessed December 2019. USDA, FSA 2018, Primary Nesting Season Dates and Durations. Available online at https://www.fsa.usda.gov/Assets/USDA-FSA-Public/usdafiles/Conservation/PDF/MAP- Primary%20Nesting%20Season_5_10_2018.pdf. Accessed December 2019. USFWS Conservation Act of 1980 (16 U.S.C. §§ 2901-2911) USFWS, 2008. Birds of Conservation Concern 2008. U.S. Fish and Wildlife Service, Division of Migratory Bird Management, Arlington, Virginia. December 2008.

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USFWS, 2018, Midwest Region 6 Endangered Species. Available online at https://www.fws.gov/mountain-prairie/es/endangered.php. Accessed December 2018. USGS, 2019. Protected Areas Database of the US (PAD-US) (Public Lands and waters) https://maps.usgs.gov/padus/. Accessed December 2019.

3-27 NORTHERN NATURAL GAS – South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION

APPENDICES

NORTHERN NATURAL GAS – South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION

Appendix 3A Habitat Assessment Report

South Sioux City to Sioux Falls A-line Replacement Project Rare, Threatened, and Endangered Species Report

Lincoln and Union Counties, South Dakota Dixon and Dakota Counties, Nebraska

Stantec Consulting Services Inc.

Prepared by: Stantec Consulting Services Inc. 1165 Scheuring Road De Pere Wisconsin 54115-1001 Phone: (920) 278-3220

Prepared for: Terry Plucker Northern Natural Gas 1111 South 103rd Street Omaha, Nebraska 68124

December 31, 2019 Revision: 0 Sign-off Sheet

This document entitled South Sioux City to Sioux Falls A-line Replacement Project Rare, Threatened, and Endangered Species Report was prepared by Stantec Consulting Services Inc. (“Stantec”) for the account of Northern Natural Gas (the “Client”). Any reliance on this document by any third party is strictly prohibited. The material in it reflects Stantec’s professional judgment in light of the scope, schedule and other limitations stated in the document and in the contract between Stantec and the Client. The opinions in the document are based on conditions and information existing at the time the document was published and do not take into account any subsequent changes. In preparing the document, Stantec did not verify information supplied to it by others. Any use which a third party makes of this document is the responsibility of such third party. Such third party agrees that Stantec shall not be responsible for costs or damages of any kind, if any, suffered by it or any other third party as a result of decisions made or actions taken based on this document.

Prepared by (signature)

Approved by (signature)

SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Table of Contents

ACRONYMS LIST ...... III

1.0 INTRODUCTION ...... 1 1.1 PROJECT DESCRIPTION ...... 1 1.1.1 Construction Methods and Mitigation Measures ...... 2 1.2 REGULATORY FRAMEWORK ...... 5

2.0 METHODS ...... 5 2.1 DESKTOP ASSESSMENT ...... 6 2.2 FIELD SURVEYS ...... 6 2.3 SPECIES EVALUATIONS ...... 6

3.0 RESULTS ...... 7 3.1 ECOLOGICAL OVERVIEW ...... 7 3.2 VEGETATION ...... 8 3.2.1 Land Cover Types ...... 8 3.2.2 Vegetation Communities ...... 8 3.3 SPECIES EVALUATION ...... 9 3.3.1 Federally Listed Species ...... 9 3.3.2 State-Listed Species ...... 17 3.4 MIGRATORY BIRDS ...... 21 3.5 OTHER RESOURCES ...... 22 3.5.1 County, State and Federal Lands ...... 22

4.0 SUMMARY AND CONCLUSIONS ...... 22

5.0 LIMITATIONS AND WARRANTY ...... 23

6.0 REFERENCES ...... 23

LIST OF TABLES Table 1 Summary of Construction Activities ...... 2 Table 2 Waterbodies to be Crossed by the Project ...... 2

LIST OF APPENDICES

FIGURES ...... A.1

PHOTOGRAPHS ...... B.2

ENDANGERED SPECIES LISTS AND AGENCY CONSULTATION ...... C.1 C.1 USFWS IPaC List of Species...... C.2 C.2 Nebraska and South Dakota State Species Lists ...... C.3 C.3 Agency Consultation ...... C.4

i SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

FEDERAL AND STATE-LISTED SPECIES POTENTIALLY OCCURRING IN LINCOLN AND UNION COUNTY, SOUTH DAKOTA AND DIXON AND DAKOTA COUNTY NEBRASKA ...... D.1

ii

SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Acronyms List December 30, 2019

Acronyms List

BGEPA Bald and Gold Eagle Protection Act BMP Best Management Practice

CERT Conservation and Environmental Review Tool

CFR Code of Federal Regulations ESB Environmental Survey Boundary

ESA Endangered Species Act

F Fahrenheit FERC Federal Energy Regulation Commission

HDD horizontal directional drill

IPaC Information, Planning and Consultation

MBTA Migratory Bird Treaty Act

MP Milepost

NGPC Nebraska Game and Parks Commission NLEB Northern Long-eared Bat

Northern Northern Natural Gas

NRCS Natural Resources Conservation Service NWI National Wetland Inventory

Procedures Wetland & Waterbody Construction and Mitigation Procedures

Project South Sioux City to Sioux Falls A-line Replacement Project ROW Right of way

RTE Rare, threatened, or endangered

SDGFP South Dakota Department of Game Fish and Parks Stantec Stantec Consulting Services Inc.

UNT Unnamed tributary

USC United States Code

USFWS United States Fish and Wildlife Service

USGS United States Geological Survey

iii SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Introduction December 30, 2019

1.0 Introduction

Stantec Consulting Services Inc. (Stantec) prepared this rare, threatened, and endangered (RTE) species report for the proposed South Sioux City to Sioux Falls A-line Replacement Project (Project) located within Lincoln and Union Counties, South Dakota; and Dixon and Dakota Counties, Nebraska. The work was conducted at the request of Northern Natural Gas (Northern) in order to facilitate compliance with the Endangered Species Act (ESA) of 1973 (16 United States Code [USC] A-1535-1543, P.L. 93-205), as amended.

This report discusses the correspondence among Stantec, the United States Fish and Wildlife Service (USFWS) South Dakota Ecological Services Field Office and Nebraska Ecological Services Field Office, the Nebraska Game and Parks Commission (NGPC) and the South Dakota Department of Game Fish and Parks (SDGFP); describes the methods utilized to conduct the RTE species habitat assessment; and discusses the results of the investigation. This report does not serve as a project clearance letter for the above referenced Project but provides a professional opinion on the potential for project construction activities to affect federally and state-listed RTE species known to inhabit the aforementioned Wisconsin counties.

1.1 PROJECT DESCRIPTION

The Project, as proposed, would allow Northern to abandon in-place approximately 79.21 miles of its 14- and 16-inch-diamater A-line and to replace the abandoned line with approximately 83.54 miles of 12-inch-diameter pipeline. Both the line to be abandoned and the replacement line are located between South Sioux City, Nebraska, and Sioux Falls, South Dakota. The majority of the replacement line will be installed utilizing a 25-foot offset from the existing A-line. There will be some places where the replacement line will deviate farther from the abandoned line to accommodate landowner requests or engineering and environmental constraints.

Northern also proposes to replace its Ponca branch line. The 0.16-mile-long 2-inch-diameter Ponca branch line, which currently ties into the existing A-line that will be abandoned, will be abandoned in-place and replaced with approximately 1.86 miles of 3-inch-diameter branch line.

Northern also proposes to uprate the MAOP of an approximately 75-foot-segment of a 2-inch- diameter Jackson branch line in Dakota County, Nebraska. The workspace required for the Jackson branch line MAOP uprate is within the proposed workspace for the A-line construction footprint; therefore, no workspace for the uprate is shown in the figures or discussed in the following tables.

Appurtenant facilities include pig launchers and receivers, regulator settings, an odorizer, and associated piping and valve settings. Northern also will transfer existing farm tap owners to the new A-line or convert the service provided to the farm tap owners to an alternative fuel.

The proposed disturbance activities of the Project are referred to as the Project area.

1 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Introduction December 20, 2019

Table 1 Summary of Construction Activities

Construction Activities Total Mileage Total Acreage1

A-line 83.54 1,023.97 Ponca branch line 1.86 20.67 1The workspace required for the Jackson branch line MAOP uprate is within the proposed workspace for the A-line construction footprint; therefore, it is not included as a separate line in this table. The A-line workspace also includes the footprint required for Northern to complete abandonment of it’s A line.

This report summarizes the findings from the RTE habitat survey efforts conducted within the Project area. Because the proposed Project activities will require federal permits, the Project must be conducted in compliance with Section 7 of the ESA.

1.1.1 Construction Methods and Mitigation Measures

The Project will employ specific construction methods to minimize impacts on RTE species and their habitats in and along stream crossing locations and downstream of crossing locations.

Construction across select waterbodies will be conducted via horizontal directional drilling (HDD). HDD allows for trenchless construction across a waterbody or other feature and is used to eliminate impacts on water quality from construction activities. A Project-specific HDD Monitoring, Inadvertent Return Response, and Contingency Plan (HDD Plan) has been developed and will be implemented during construction to aid in avoiding and mitigating potential effects from an inadvertent release of drilling mud.

Open cut crossings of waterbodies will be completed using the dry-ditch crossing methods as detailed in the Federal Energy Regulation Commission (FERC) Wetland & Waterbody Construction and Mitigation Procedures (Procedures) Section V.B.6. Northern will utilize either a dam and pump or flume crossing method. Table 2 lists the proposed crossing method and contingency crossing method for every waterbody along the Project.

Table 2 Waterbodies to be Crossed by the Project

Waterbody Crossing Method MP Waterbody Name Type (Contingency) A-line NE_DA_S01 HDD 6.94 Perennial (Elk River) (Re-drill) NE_DA_S031 HDD 8.35 Intermittent (UNT to Elk River) (Re-drill) NE_DX_S04 HDD 18.38 Perennial (Aowa Creek) (Re-drill) NE_DX_S091 HDD 19.71-19.92 Perennial (Missouri River) (Re-drill)

2 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Introduction December 30, 2019

Waterbody Crossing Method MP Waterbody Name Type (Contingency) SD_UN_OW21 HDD 19.92-20.00 Open Water (Backwater to Missouri River) (Re-drill) SD_UN_S01 HDD 35.56 Perennial (Big Ditch Creek) (Re-drill) SD_UN_S2061 HDD 38.24 Intermittent (Unnamed) (Re-drill) SD_UN_S105 Open cut 40.05 Intermittent (UNT to Brule Creek) (HDD) SD_UN_S104 Open cut 40.21 Intermittent (UNT to Brule Creek) (HDD) HDD 41.01 SD_UN_S204 (Brule Creek) Perennial (Re-drill) SD_UN_S05 HDD 41.22 Intermittent (UNT to Brule Creek) (Re-drill) SD_UN_S203 HDD 43.16 Perennial (Brule Creek) (Re-drill) SD_UN_S07 HDD 44.54 Perennial (UNT to Brule Creek) (Re-drill) SD_UN_S09 Open cut 49.07 Intermittent (UNT to Brule Creek) (HDD) SD_UN_S10 Open cut 49.65 Intermittent (UNT to Brule Creek) (HDD) SD_UN_S205 Open cut 50.23 Intermittent (UNT to Brule Creek) (HDD) SD_UN_S11 HDD 51.09 Intermittent (UNT to Brule Creek) (Re-drill) SD_UN_S202 Open cut 52.54 Intermittent (UNT to Brule Creek) (HDD) SD_UN_S131 HDD 53.19 Intermittent (UNT to East Brule Creek) (Re-drill) SD_UN_S106 HDD 53.30 Perennial (East Brule Creek) (Re-drill) SD_UN_S200 HDD 53.49 Intermittent (UNT to pond) (Re-drill) SD_UN_OW1 HDD 53.52 Open Water (Unnamed) (Re-drill) SD_UN_S102 Open cut 57.95 Ephemeral (UNT to West Brule Creek) (HDD) SD_UN_S101 Open cut 59.14 Intermittent (West Brule Creek) (HDD) SD_LI_S041 HDD 61.20 Perennial (West Brule Creek) (Re-drill) SD_LI_S09 Open cut 63.03 Intermittent (UNT to West Brule Creek) (HDD) SD_LI_S10 Open cut 63.36 Intermittent (West Brule Creek) (HDD) 63.98 and SD_LI_S08 HDD Intermittent 64.53 (West Brule Creek) (Re-drill) HDD 67.84 SD_LI_S07 (Saddle Creek) Perennial (Re-drill)

3 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Introduction December 20, 2019

Waterbody Crossing Method MP Waterbody Name Type (Contingency) SD_LI_S11 HDD 70.79 Intermittent (UNT Beaver Creek) (Re-drill) SD_LI_S06 Open cut 71.17 Intermittent (UNT Beaver Creek) (HDD) HDD 77.67 SD_LI_S05 (Beaver Creek) perennial (Re-drill) SD_LI_S03 Open cut 79.16 Intermittent (UNT to Beaver Creek) (HDD) Open cut 82.28 SD_LI_S215 (Unnamed)1 Intermittent (HDD) Open cut 82.74 SD_LI_S201 (Unnamed)1 Intermittent (HDD) Ponca branch line NE_DX_S06 HDD 0.14 Perennial (Badger Creek) (Re-drill) NE_DX_S07 HDD 1.53 Perennial (Aowa Creek) (Re-drill) NE_DX_S08 Open cut 1.79 Intermittent (UNT to Aowa Creek) (HDD) UNT – unnamed tributary 1All or a portion of the feature was aerially delineated if access was not granted by landowner for environmental surveys, unsafe survey conditions existed, or surveys were not completed after November reroute.

Construction of the proposed pipeline will incorporate conventional overland construction techniques for small to medium diameter pipelines. Pipeline construction will take place within a 75-foot-wide construction right of way (ROW). Permanent facilities are currently being designed and locations selected.

To minimize impacts on terrestrial and arboreal RTE species and their habitat, tree clearing will be limited to the approved workspaces necessary to safely construct the Project. Tree clearing is proposed for the A-line workspaces. No tree clearing is proposed for the Ponca branch line workspaces. Northern will complete the tree clearing during April or May 2021 to avoid potential impacts on bats. No tree clearing is proposed near the Missouri River crossing as Northern will utilize HDD methods.

After construction activities are complete, the areas disturbed by construction that do not contain a permanent facility will be final graded. Original land contours will be restored, as near as practicable, to original conditions. Non-cultivated land will be reseeded in accordance with individual landowner requirements, land management agency requirements or Natural Resources Conservation Service (NRCS) recommendations. The 50-foot-wide permanent ROW will be allowed to revegetate, and Northern will comply with FERC’s maintenance and mowing procedures list in FERC’s Plan. Northern will not mow their operational ROW where the pipeline was installed via HDD in wetland or riverine areas.

4 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Methods December 30, 2019

1.2 REGULATORY FRAMEWORK

This Project will be conducted under multiple regulatory policies developed for the protection of sensitive plant and animal species. These include the ESA, Bald and Gold Eagle Protection Act (BGEPA), and the Migratory Bird Treaty Act (MBTA). The following paragraphs provide a brief overview of each of these policies.

• The ESA prohibits any person or entity from causing the take of any plant or animal species on the Secretary of the Interior’s list of RTE species (Section 9(a)(1)(b)) and states that it is the responsibility of each federal agency to ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence, or result in the destruction or adverse modification of habitat determined to be critical to the conservation of any such species (Section 7(a)(2)). The ESA defines a take as the harassment, harm, pursuit, hunting, shooting, killing, trapping, capture, or collection of such species. • The BGEPA, originally passed in 1940, and amended in 1962, provides for the protection of the bald eagle (Haliaeetus leucocephalus) and the golden eagle (Aquila chrysaetos) by prohibiting the take of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit (16 USC 668(a); 50 Code of Federal Regulations [CFR] 22). The BGEPA defines a take as the pursuit, shooting, shooting at, poisoning, wounding, killing, capturing, trapping, collecting, molesting, or disturbing of a bald or golden eagle. • The MBTA, originally passed in 1918, implements the United States commitment to four bilateral treaties, or conventions, for the protection of a shared migratory bird resource, protecting more than 800 species of birds. The list of migratory bird species protected by the MBTA appears in Title 50, Section 10.13, of the CFR (50 CFR § 10.13). The MBTA protects all native migratory birds and prohibits the taking, killing, possession, and transportation of migratory birds, their eggs, and parts, except when specifically permitted by regulations for specific intentional uses. The list of birds federally protected under the MBTA, activities that have the potential to take migratory birds, and recommendations for reducing such take can be found in 50 CFR 10 of the MBTA. Executive Order 13186 (January 2001) directs federal agencies to consider the effects of agency actions on migratory birds, with emphasis on bird species of concern.

2.0 Methods

Stantec conducted a desktop review for RTE, USFWS designated critical habitat, and potential for suitable habitat within the Northern defined environmental survey boundary (ESB) based on review of USFWS, NGPC and SDGFP database information. Field surveys were used to confirm and supplement the desktop review and also were used to assess presence of individuals or populations of protected species and species of conservation concern, as well as suitable habitat for those species as part of the wetland delineation throughout the ESB. Northern’s ESB encompasses all proposed workspaces and typically provides a 50-foot clearance buffer around these workspaces.

5 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Methods December 20, 2019

2.1 DESKTOP ASSESSMENT

In preparation for field surveys, a desktop study of the ESB was completed in May 2019. The desktop assessment included review of aerial imagery, US Geological Survey (USGS) 7.5-minute quadrangle maps; USFWS National Wetland Inventory (NWI) maps; the USFWS Information, Planning and Consultation (IPaC) system; state wildlife agency websites; and available literature. Stantec biologists reviewed the aforementioned information to identify and become familiar with the natural features and listed species most likely to be encountered in the Project area. The Official Species Lists from IPaC and lists maintained by the NGPC and the SDGFP are included in Appendix C.1 and C.2 respectively.

The USFWS IPaC Environmental Conservation Online System was accessed to obtain a list of federally listed T&E, proposed, and candidate species and federally designated critical habitat that may be present within the ESB. Informal consultation with the NGFPC was completed by using the Conservation and Environmental Review Tool (CERT). Northern provided initial notification of the Project to the USFWS Nebraska Field Office, the USFWS South Dakota Ecological Services Office, the NGPC and the SDGFP. These four agencies responded with letters providing a determination of species that may occur in the proposed Project area or be affected by the proposed action. Information regarding measures to avoid and/or minimize potential effects to those species was also provided. Copies of the correspondence with these agencies are included in Appendix C.3.

2.2 FIELD SURVEYS

Stantec conducted field surveys for presence of suitable habitats concurrent with the wetland delineation between May 28 and October 26, 2019. The field surveys consisted of pedestrian inspections to evaluate the presence/absence of suitable habitat and potential presence of listed species within the ESB. Field crews reviewed the list of protected species identified as having the potential to occur within the vicinity of the ESB and within the county in which the field crews were working. In addition, the field crews reviewed the applicable fact sheets for specific habitat requirements and identification criteria for the potential species.

To support the development of site descriptions, vegetation characterizations, and evaluations of potential RTE species suitable habitats, field crews documented existing upland vegetative communities and land cover characteristics present within the survey areas. A photographic log showing representative habitats is included as Appendix B.

2.3 SPECIES EVALUATIONS

The potential for occurrence of each species within the construction footprint for the Project (“Project area”), was summarized according to the categories listed below. Potential for occurrence categories are as follows.

6 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Results December 30, 2019

• Known to occur—the species has been documented in the Project area by a reliable observer. • May occur—the Project area is within the species’ currently known range, and vegetation communities, soils, etc., resemble those known to be used by the species. • Unlikely to occur—the Project area is within the species’ currently known range, but vegetation communities, soils, etc., do not resemble those known to be used by the species, or the Project area is clearly outside the species’ currently known range. • Does not occur—the species does not occur in the Project area.

Those species listed by the USFWS and/or WDNR were assigned to one of three categories of possible effect. The effects determinations include the following.

• May affect, and is likely to adversely affect — adverse effects to listed species may occur as a direct or indirect result of the proposed action or its interrelated or interdependent actions, and the effect is not discountable, insignificant, or beneficial. • May affect, but not likely to adversely affect — the proposed action may affect listed species and/or critical habitat; however, the effects are expected to be discountable, insignificant, or completely beneficial. • No effect — the proposed action will not affect listed species or critical habitat.

3.0 Results

3.1 ECOLOGICAL OVERVIEW

The Project lies within Major Land Resource Areas (MLRA) 102B (Till plains) and 102C (loess uplands). The till plains area is in the Western Lake Section of the Central Lowland Province of the Interior Plains. It is characterized by glaciated, nearly level to hilly plains. It has many depressions and ill- defined drainageways. Within the Project area, the loess uplands are within the Dissected Till Plains Section of the Central Lowland Province of the Interior Plains. This MLRA has broad, undulating to rolling ridgetops and hilly to steep valley sides. The valleys are generally narrow, but broad flood plains and terraces are along the major rivers and the large tributaries.

The average annual precipitation in the Project area is 23 to 30 inches (585 to 760 millimeters). Most of the rainfall occurs as high-intensity, convective thunderstorms during the growing season. The maximum precipitation occurs from the middle of spring to early in autumn. Winter precipitation typically occurs as snow. The annual snowfall is 23 to 46 inches (60 to 120 centimeters). The average annual temperature is 43 to 51 degrees F (6 to 11 degrees C). The freeze-free period averages about 170 days and ranges from 150 to 190 days. (U.S. Department of Agriculture, 2006).

7 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Results December 20, 2019

3.2 VEGETATION

Land use within the loess uplands and till plains MLRAs is primarily cropland (71 to 74%), grassland (16%), forest (1 - 2%) and urban development (4%). This area is in the western part of the tall grass prairie. Native tallgrass prairie vegetation, where present, is comprised of big bluestem, little bluestem, and Indiangrass on loamy soils. Porcupine, green needlegrass, and western wheatgrass characterize the vegetation on clayey soils on uplands. Needleandthread and prairie dropseed are important species on the steeper soils. Cattails, prairie cordgrass, bulrush, and reed canary grass commonly grow in wet areas.

3.2.1 Land Cover Types

During field surveys, Stantec identified six general land cover types within the Project area. Using vegetation species associations, land cover in the Project area was classified as residential, agriculture, industrial/commercial, open land, wetlands, and forests. General descriptions of the land cover types encountered in the Project area are as follows.

• Residential Land – including residential yards, residential subdivisions, and planned new residential developments. • Agricultural Land – including active cropland (including specialty crop or turf grass production), cropland that had recently been plowed, areas that had been harvested and fallow or idle areas that appeared to be regularly used to grow agricultural crops. • Industrial Commercial Land – including electric power or gas utility ROW or corridors, manufacturing or industrial plants, landfills, mines, quarries, commercial or retail facilities, and roads. • Open Land – including non-forested herbaceous uplands, rangeland, scrub-shrub land, areas that were being used to grow hay, non-agricultural fields and/or other herbaceous areas that are dominated by a mixture of mid-grass or short-grass species. The vegetation also includes mowed areas and areas of mixed weeds and grass along roadsides. • Wetlands –including areas dominated by wetland vegetation and exhibiting hydric soils and wetland hydrology, including those that are farmed. Wetland types include emergent wetlands, scrub-shrub wetlands and forested wetlands. • Forests – including upland forested areas including hardwood forest, mixed hardwood conifer forest, and pine plantation that are dominated by woody coniferous and deciduous vegetation. 3.2.2 Vegetation Communities

Stantec identified six general types of vegetation communities within the Project area:

• Agricultural Land –The majority of the ESB consists of actively cultivated fields. Crops observed within in the ESB during the field surveys included primarily corn (Zea mays) and soybean (Glycine max).

8 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Results December 30, 2019

• Open Land – Hay fields, pastureland, and mixed weeds and grass along roadsides were observed during the field survey. Vegetative species observed were primarily non-native grasses including Kentucky bluegrass, smooth brome, reed canary grass and orchard grass. • Forested Upland – Forested or wooded areas within the ESB were restricted to areas along waterways, shelterbelts adjacent to farm fields and groves planted around farmsteads. Common species included green ash (Fraxinus pennsylvanica), American elm (Ulmus Americana), red oak (Quercus rubra), eastern red cedar (Juniperus virginiana) and boxelder (Acer negundo)honey locust (Gleditsia triacanthos), hackberry (Celtis occidentalis), mulberry (Morus rubra). • Wet Meadow/Shallow Marsh Wetland – These communities were typically dominated by reed canary grass (Phalaris arundinacea), hybrid cattail (Typha x glauca) foxtail barley (Hordeum jubatum), barnyard grass (Echinochloa crus-galli) and Kentucky bluegrass (Poa pratensis). • Farmed Wet Meadow Wetland – These areas were primarily seasonally wet depressional areas within cultivated farm fields lacking vegetation or consisting of weeds and stressed, stunted or drowned out crops. • Forested Wetland – Forested wetlands were present along streams and rivers and were comprised of species characteristic of floodplains such as eastern cottonwood (Populus deltoides), silver maple (Acer saccharinum), boxelder, American elm and black willow (Salix nigra).

3.3 SPECIES EVALUATION

A review of federally and state-protected species, species of conservation concern, associated habitats, and other rare natural features that are known to occur within one mile of the Project ESB was conducted as described in Section 2.1. Information provided by the USFWS Nebraska Field Office and the USFWS South Dakota Ecological Services Office, the NGPC and SDGFP was included in the review of the Project for potential impacts to these resources (see Appendix C.1, C.2 and C.3).

The federally and state-listed species with suitable habitat and/or potential to occur within the Project area are discussed below and summarized in Appendix C.1 and C.2.

3.3.1 Federally Listed Species

Based on review of the USFWS IPaC, the CERT and the NGPC Species list for Dixon and Dakota County, the federally listed species that are known to occur or potentially occur within the ESB in Dixon and Dakota County, Nebraska, are as follows: • Interior least tern, • Piping plover, • Pallid sturgeon, • Northern long-eared bat (NLEB), • Scaleshell mussel, and

9 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Results December 20, 2019

• Western prairie fringed orchid.

Northern received a letter from the USFWS Nebraska field office September 20, 2019. The USFWS determined that the following federally listed species may occur in the proposed Project area or be affected by the proposed action in Nebraska:

• Pallid sturgeon, and • Northern long-eared bat. Based on Review of the USFWS IPaC, and the SDGPFD species list by county, the federally listed species that are known to occur or potentially occur within the ESB in Lincoln and Union Counties, South Dakota are as follows: • Interior least tern (Sternula antillarum athalassos), • Piping plover (Charadrius melodus), • Rufa red knot (Calidris canutus rufa), • Pallid sturgeon (Scaphirhynchus albus), • Shovelnose sturgeon (Scaphirhynchus platorynchus), • Topeka shiner (Notropis topeka), • American burying beetle (Nicrophorus americanus), • Scaleshell mussel (Leptodea leptodon), • NLEB (Myotis septentrionalis), and • Western prairie fringed orchid (Platanthera praeclara). Northern received a letter from the USFWS South Dakota field office August 12, 2019. The USFWS determined that the following federally listed species may occur in the proposed Project area or be affected by the proposed action in South Dakota:

• Interior least tern, • Piping plover, • Rufa red knot, • Pallid sturgeon, • Topeka shiner, • NLEB, and • Western prairie fringed orchid. These species and their habitats are described below.

Interior Least Tern

In South Dakota and Nebraska, the interior least tern utilizes sparsely vegetated sandbars on the Missouri River. The birds nest, raise young, and forage on these barren river sandbars. Terns are colonial in that they nest close to each other. Females lay two to three eggs directly on the sand, in a small bowl-shaped dugout in open areas away from trees. The birds typically breed in South Dakota and Nebraska between the dates of May 1 - Aug 15. Chicks fledge, or leave the nest, within two days of hatching and can fly at about 21 days. Parental care continues after they have fledged, but by early August the young birds are usually on their own. Young terns begin leaving the breeding area in late August with migration from the area complete by early September.

10 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Results December 30, 2019

Migrating and breeding/nesting birds may be potentially impacted by human presence and construction related noise, equipment, and activities. Temporary disturbance to migrating individuals is unlikely to have a measurable or detectable effect on the reproductive capacity or survival to migrating individuals. Construction activities have the potential for adverse effects on breeding birds if construction activities disturb nesting individuals to the extent that they are prevented from establishing or maintaining a nest or rearing a brood. Individual birds, their nests, eggs, or chicks may be killed if construction activities take place in a wetland or waterbody utilized by breeding birds.

The pipeline will be installed utilizing HDD methods to cross the Missouri River. Workspace for the crossing will be located more than 1,035 feet from the shore on the north side of the river and more than 935 feet on the south side of the river. No dredging within the Missouri River is proposed; therefore, Project activities are not likely to adversely affect this species.

Northern will utilize appropriate Best Management Practices (BMPs) within the Plan and Procedures to ensure soil erosion and runoff are minimized to the maximum extent possible to prevent siltation of waters. Additionally, a project specific HDD Plan will outline mitigation in the case of a release of drilling mud from an HDD operation. The SPCC plan for the Project provides restrictions and mitigation measures to minimize potential impacts associated with the release of fuels, lubricants or other potentially toxic materials used during routine construction. Northern will conduct preconstruction surveys for least tern nests within 0.25-mile of the Project area at the crossing of the Missouri River. If any active nests are located, Northern will stop work and consult with the respective USFWS office and SDGFP or NGPC depending on the location of the nest. If a nest is active, no work will commence until young have fledged. Based on the BMPs proposed, the Project may affect but is not likely to adversely affect the interior least tern.

Piping Plover

Piping plovers are small shore birds found along the Missouri River system and in large wetlands. In the Northern Great Plains, piping plovers use shorelines of prairie freshwater lakes, alkali wetlands, and major river systems, including the Missouri River as primary courtship, nesting, foraging, sheltering, brood-rearing, and dispersal habitat. The birds typically breed in South Dakota and Nebraska between the dates of May 1 - Aug 15. Piping plovers make shallow scrapes in the sand which they line with small pebbles or rocks in which the female lays three to four eggs. The eggs hatch after about 28 days, and the young leave the nest within hours. Depending on food availability, it takes the young from around 18 to 28 days to begin flying. The USFWS has designated piping plover critical habitat in the Missouri River system. The proposed new pipeline workspace is located approximately 2.57 miles downstream from designated critical habitat for the piping plover. The workspace for abandonment of the existing line is approximately 0.1 mile from designated critical habitat for the piping plover.

Impacts on piping plovers include disturbance of migrating and nesting individuals due to construction activities. Temporary disturbance to migrating individuals is not anticipated to have

11 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Results December 20, 2019 a measurable or detectable effect on their reproductive capacity or survival. Potential impacts on breeding plovers from human presence and noise from equipment has the potential to disturb breeding pairs, preventing them from establishing or maintaining a nest or rearing a brood in areas where construction takes place in suitable habitat. Individuals may also be killed or injured, and eggs and nests may be crushed if construction takes place in a wetland where piping plovers are breeding. As such, the potential for an adverse impact exists. By timing construction activities to occur outside the nesting season, impacts on breeding adults, chicks, eggs and active nests would be avoided. Alternatively, impacts on breeding birds, their nests and young can be avoided by conducting pre-construction surveys to confirm plover and nest absence immediately prior to the onset of construction activities.

Northern will conduct preconstruction surveys for tern nests within 0.25-mile of the Project area at the crossing of the Missouri River. If any active nests are located, Northern will stop work and consult with the respective USFWS office and SDGFP or NGPC depending on the location of the nest. If a nest is active, no work will commence until young have fledged. Based on the BMPs proposed, the Project may affect but is not likely to adversely affect the affect piping plovers.

Rufa Red Knot

The rufa red knot is a large sandpiper noted for its long-distance migration between summer breeding grounds in the Arctic and wintering areas at high latitudes in the Southern Hemisphere. Some rufa red knots wintering in the northwestern Gulf of Mexico migrate through interior North America during both spring and fall and use stopover sites in the Northern Great Plains. The species relies on exposed substrate at wetland edges for stopover habitat; the suitability of a wetland for rufa red knots depends on water levels and may vary annually. Rufa red knots have also been reported to forage in cultivated fields when migrating through interior North America. This species is not known to breed in South Dakota. Temporary disturbance to migrating individuals is not anticipated to have a measurable or detectable effect on their reproductive capacity or survival. Therefore, the Project will have no effect on the rufa red knot.

Pallid Sturgeon

The pallid sturgeon is associated with large river systems in the continental interior, such as the Mississippi, Yellowstone, and Missouri Rivers. The pallid sturgeon prefers a habitat that has a diversity of depths and velocities formed by braided channels, sand bars, sand flats and gravel bars. The pallid sturgeon’s preferred habitat includes the benthic environment associated with swift waters of large turbid, free-flowing rivers with braided channels, dynamic flow patterns, periodic flooding of terrestrial habitats, and requiring extensive micro habitat diversity. The species inhabits the Missouri and Mississippi Rivers from Montana to Louisiana. Wild pallid sturgeon have been noted in the Missouri River from its confluence with the Mississippi River upstream to Great Falls, Mont. Pallid sturgeon also have been captured in downstream reaches of several major tributaries of the Missouri River, such as the Platte, Big Sioux, James, and Niobrara Rivers.

12 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Results December 30, 2019

Impacts on pallid sturgeon breeding and foraging habitat are not anticipated. The pipeline will be installed utilizing HDD methods to cross the Missouri River and no dredging is proposed. Northern intends to install the pipeline 40 feet below the channel bed, which minimizes the likelihood of pipeline rupture due to bed degradation. Northern will utilize appropriate BMPs within the Plan and Procedures to ensure soil erosion and runoff are minimized to the maximum extent possible to prevent siltation of waters. Additionally, a project specific HDD Plan will outline mitigation in the case of a release of drilling mud from an HDD operation. Northern will use a publicly-owned water source for hydrostatic pressure testing and drilling. No water will be appropriated from the Missouri River. Therefore, the Project may affect but is not likely to adversely affect the pallid Sturgeon.

Shovelnose Sturgeon

The USFWS determined it necessary to treat shovelnose sturgeon as threatened due to it’s similarity in appearance to the endangered pallid sturgeon. The shovelnose sturgeon and the endangered pallid sturgeon are difficult to differentiate in the wild and inhabit overlapping portions of the Missouri and Mississippi River basins. Commercial harvest of shovelnose sturgeon has resulted in the documented take of pallid sturgeon where the two species coexist and is a threat to the pallid sturgeon. The USFWS South Dakota field office did not identify this species as having the potential to occur within the Project area, therefore, the Project will have no effect on the shovelnose sturgeon.

Topeka Shiner

The Topeka shiner is found in small to mid-sized prairie streams of the central prairie regions of the United States with relatively high water quality and cool to moderate temperatures. Many of these streams exhibit perennial flow, although some become intermittent during summer or periods of prolonged drought.

In South Dakota, the Topeka shiner is known to occupy three watersheds; the James River, Vermillion River, and the Big Sioux River watersheds. The Project will cross six perennial streams in the Vermillion and Big Sioux Watersheds. No streams will be crossed in the James River Watershed. The USFWS Topeka Shiner Species Status Assessment provides identification of the streams with known occurrences of Topeka shiners within in South Dakota (USFWS, 2018). According to this assessment, there is one creek, Saddle Creek, which will be crossed by the A-line at Milepost (MP) 67.84 which is known to have occurrences of the Topeka shiner. Northern will use the HDD method to cross this stream. Workspace at this crossing is located 276 feet from the stream bank on the north side of the creek. Workspace on the south side of the creek is 218 feet away from the stream bank. Additionally, 289th Street crosses between the workspace and the creek on the south side.

The SDGFP and NGPC did not identify any occurrence of the Topeka shiner within the Project area. Critical habitat for the Topeka shiner is not present in South Dakota or Nebraska. The SDGFP stated in a letter August 29, 2019, that no anticipated significant impacts on fish and wildlife resources are anticipated if avoidance and minimization measures and BMPs called for in the letter are utilized.

13 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Results December 20, 2019

Measures to avoid impacts on the Topeka shiner include:

• Avoid construction activities during the spawning period from May 15 – July 31; • Minimize work area at stream locations. A majority of the work including heavy equipment and storage sites should occur above the high-bank line; • Implement comprehensive and effective erosion and sediment controls; • Monitor erosion and sediment controls daily during construction; • Methods that block a stream should not be constructed for extended periods of time. If temporary blocks are necessary, flexible water barriers should be used; • Exposed stream banks must be stabilized immediately after construction activity; • Erosion repair and streambank restoration should use appropriate bioengineering solutions; • No in-water dredging and substrate disturbance should occur in Topeka shiner inhabited streams; and • Develop and implement a hazardous materials safety protocol.

Northern will implement the measures described above. . Northern will conduct the crossing of Saddle Creek after July 31 outside of the spawning season and will utilize appropriate BMPs within the Plan and Procedures to ensure soil erosion and runoff are minimized to the maximum extent possible to prevent siltation of waters. Additionally, the HDD Plan and the SPCC plan will also provide BMPs to limit impacts. Based on the proposed BMPs, the Project may affect but is not likely to adversely affect the Topeka shiner.

Northern Long-Eared Bat

The NLEB is a medium-sized brown bat that derives its name from its oversized ears relative to other members of the genus Myotis. NLEB are known to be present in the Project area during the summer months, primarily roosting either singly or in colonies under loose bark or in crevices and hollows in both live trees and snags. A habitat generalist, roost tree selection appears also to be opportunistic; the species uses a variety of tree sizes and species. Some hibernacula have been documented in caves/mines in the Black Hills, the species has been documented in other forested areas in the state during the summer months, and along the Missouri River during migration. Migration to summer habitat occurs between mid-March and mid-May. The species is most likely to be found in forested wetlands and riparian areas.

Potential impacts to individual bats may occur if clearing or construction takes place when the species is breeding, foraging, or raising pups in its summer habitat. Bats may be injured or killed if occupied trees are cleared during this active window, and the species may be disturbed during clearing or construction activities due to noise or human presence. Potential mitigation measures may include clearing trees or constructing in occupied areas during the winter months when the species is in hibernation. These effects are localized and are not likely to cause long-term declines in the northern long-eared bat population.

A total of 5.92 acres of trees will be cleared during construction of the A-line. No tree clearing is proposed for construction of the Ponca branch line. Northern will complete the tree clearing

14 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Results December 30, 2019 during April or May 2021 to avoid potential impacts on bats. Northern will utilize the HDD method to cross the Missouri river and no tree clearing is proposed within the workspace for the river crossing.

Dixon County, Nebraska, is listed as a county with documented occurrences of white-nose syndrome-infected hibernacula. Lincoln and Union counties South Dakota and Dakota County, Nebraska are within the White-Nose Syndrome Zone. Therefore, the Project falls within the white- nose syndrome buffer zone per the Final 4(d) Rule. The SDNHD and the NGPC review did not indicate that the Project is within 0.25 mile of a known, occupied hibernaculum, or within 150 feet of known, occupied maternity roost trees. However, the USFWS Nebraska field office determined that the NLEB may occur in the proposed Project area or be affected by the proposed action. The USFWS noted that NLEB has been found hibernating in limestone escarpments along the Missouri River in the vicinity of the proposed Project. Field surveys completed for the Project confirmed that limestone escarpments are not present within 0.25-mile of the Project area. The NLEB 4(d) Rule Streamlined Consultation Form will be utilized to ensure that any incidental take of the NLEB is not prohibited by the Final 4(d) Rule. Subsequently, the Project may affect but is not likely to adversely affect the NLEB and will not cause prohibited take.

Western Prairie Fringed Orchid

Moist tallgrass prairie and sedge meadows are appropriate habitat for the western prairie fringed orchid. Big and little bluestem, switchgrass, Indiangrass, and northern reedgrass are common associates in orchid habitat. Western prairie fringed orchids were historically found in the tallgrass prairie regions west of the Mississippi River in Oklahoma, Missouri, Kansas, Iowa, Nebraska, Minnesota, and North and South Dakota, and Manitoba, Canada. In South Dakota potential habitats included mesic upland prairies, wet prairies, sedge meadows, sub irrigated prairies and swales in sand dune complexes.

Less than 40% of the original range-wide population of western prairie fringed orchid remains. The largest orchid population (approximately 2,000 plants as of 1996) is located in the Sheyenne National Grasslands in North Dakota. In addition to this North Dakota population, two other populations exist; one in southeastern Manitoba and the third in northwest Minnesota. Smaller population complexes (500-1,000 plants within a 5 to 6 square mile area) exist in Nebraska and Minnesota; additional smaller isolates also exist in Iowa.

Field surveys conducted for the Project between May 28 and October 26, 2019 did not identify any remnant tallgrass prairie dominated by bluestems, switch grass, Indiangrass or northern reedgrass. No sedge meadows containing appropriate habitat for the western prairie fringed orchid were identified. Most wetlands were either farmed or dominated by non-native species such as reed canary grass. The Project area is dominated by cultivated cropland, and wetlands are primarily farmed or disturbed wetland. A total of 7.04 acres of wetland will be temporarily impacted and permanent operational impact due to mowing will total 1.35 acre. Northern has designed the Project to HDD most wetlands that are not farmed wetlands or wetlands associated

15 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Results December 20, 2019 with roadside ditches. Therefore, the Project will have no effect on the western prairie fringed orchid.

Scaleshell Mussel

The scaleshell mussel is a small freshwater mussel. Scaleshell mussels are important in an ecosystem because of their role in filtering or cleaning the water as well as their role as prey for numerous species. Additionally, they are known as an indicator species, their presence in a stream or river indicates good water quality.

Historically, the scaleshell mussel was found across much of the eastern United States. Today, it is found in 14 isolated populations. In Nebraska, it is found in a small area north of Highway 20 from Yankton to South Sioux City. Scaleshell mussels are most likely to be found in clear, fast moving streams and rivers with gravel or sand substrates (bottoms). Within streams and rivers, they can be found in the riffles or fast moving currents. They burrow themselves into the gravel or sand with only a small portion of their shell visible. They require good water quality.

Due to their sedentary lifestyle and their lack of mobility, the population of scaleshell mussels is highly impacted by water quality. If water quality deteriorates, the mussels are not able to move rapidly and escape the poor conditions. Issues impacting water quality include increased sedimentation, changes in water temperature and changing water flow patterns. Each of these issues can be caused by human actions including dam construction, poor land management, and increased run-off. Water quality may also deteriorate due to chemical (pesticide, herbicide, factory and urban) discharge or run-off. Additionally, the scaleshell mussel can be greatly impacted by invasive species such as the Zebra mussel which can attach to the scaleshell mussel and suffocate it.

The SDGFP and NGPC did not identify any occurrences of the scaleshell mussel within the Project area. The SDGFP stated that no anticipated significant impacts to fish and wildlife resources are anticipated if avoidance and minimization measures and best management practices called for in the letter are utilized.

Northern will utilize appropriate BMPs within the Plan and Procedures to ensure soil erosion and runoff are minimized to the maximum extent possible to prevent siltation of waters. Additionally, a project specific HDD Plan will outline mitigation in the case of a release of drilling mud from an HDD operation. The SPCC plan for the Project provides restrictions and mitigation measures to minimize potential impacts associated with the release of fuels, lubricants or other potentially toxic materials used during routine construction. Therefore, the Project will have no effect the scaleshell mussel.

American Burying Beetle

The American burying beetle seems to be largely restricted to areas most undisturbed by human influence. Considering the broad geographic range formerly occupied by the American burying

16 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Results December 30, 2019 beetle, it is unlikely that vegetation or soil type were historically limiting. Carrion availability (appropriate in size as well as numbers) may be the more important factor of where beetles occur than the type of vegetation or soil structure. Habitats where these beetles have been recently found consist of grassland prairie, forest edge and scrubland. Specific habitat requirements are unknown. The USFWS South Dakota field office did not identify this species as having the potential to occur within the Project area, therefore, the Project will have no effect on the American burying beetle and is not discussed further.

3.3.2 State-Listed Species

Based on review of the CERT and the NGPC Species list for Dixon and Dakota County, and a letter from the NGPC, the state listed species that are known to occur or potentially occur within the ESB in Dixon and Dakota County, Nebraska are the following: • Interior least tern • Piping plover • Pallid sturgeon • Lake sturgeon (Acipenser fulvescens) • Sturgeon chub (Macrhybopsis gelida) • NLEB • Northern river otter (Lontra canadensis) • American ginseng (Panax quinquefolius) • Scaleshell mussel The letter from the NGPC determined that the Project area is within the range of the above listed species. The NGPC determined that there does not appear to be habitat for northern long-eared bat or American ginseng within the Project area. The NGPC also determined that the Missouri River does supply habitat for interior least tern, pallid sturgeon, scaleshell mussel, piping plover, sturgeon chub, river, northern river otter, and lake sturgeon.

Based on review of the SDGPF T&E species list by county, there are eleven state-listed species that are known to occur or potentially occur within the ESB in Lincoln and Union Counties, South Dakota: • Interior least tern, • Piping plover, • Eastern hognose snake (Heterodon platirhinos), • Lined snake (Tropidoclonion lineatum), • Pallid sturgeon, • Sturgeon chub (Macrhybopsis gelida), • Sicklefin chub (Macrhybopsis meeki), • Northern redbelly dace (Chrosomus eos), • Finescale dace (Chrosomus neogaeus), • False map turtle (Graptemys pseudogeographica), • NLEB, and • Northern river otter.

The SDGFP determined that no T&E species were found in the immediate project area. However, one state threatened species, the eastern hognose snake, was located in and around Elk Point,

17 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Results December 20, 2019

South Dakota, as well as along the Missouri River, between Elk Point and the proposed Missouri River crossing. Species that also have a federal designation are discussed above. The remaining state-listed species and their habitats are described below.

Eastern Hognose Snake

In South Dakota, typical habitat for the eastern hognose snake includes open wooded areas near water and have been documented in sandy regions adjacent to cottonwood forests along the Missouri River. As recommended by the SDGFP, Northern will complete visual surveys for eastern hognose snakes along the proposed pipeline route starting one mile from the Missouri River to the point where the pipeline will cross the Missouri River prior to construction. Northern will suspend ground-disturbing activities and contact the SDGFP for further input if eastern hognose snakes are identified. Therefore, the Project will have no effect on the eastern hognose snake.

Lined Snake

Lined snakes are found in prairies, grasslands, pastures, woodland edges, and even city parks, city lots, cemeteries, and backyards. The SDGFP did not identify this species as having the potential to occur within the Project area, therefore, the Project will have no effect on the lined snake.

False Map Turtle

False map turtles are found in large rivers, including the Missouri River, and their tributaries in association with the river and moving water. The SDGFP did not identify this species as having the potential to occur within the Project area, therefore, the Project will have no effect on the false map turtle.

Lake Sturgeon

The lake sturgeon can be found in the Mississippi and St. Lawrence River drainages north into Canada but has rarely been collected from the lower Platte River and is uncommon in the Missouri River bordering Nebraska. As their name implies, lake sturgeon inhabit large lake regions, such as Hudson Bay and the Great Lakes, in addition to river systems. Lake sturgeon may be capable of extremely long migrations but are prevented by natural barriers and human alteration of river and lake systems.

Today, much of the Missouri River, upstream of Gavins Point Dam, is “lake-like,” with no moving water. An overabundance of non-native fish, combined with changes in river flow and water quality have contributed to the decline of both pallid and lake sturgeon populations. These changes also directly affect the resource (food) base these fish depend on for all life stages. Adding to the problem of habitat decline, is their poor reproductive success and low, or no, recruitment of wild juveniles to the adult population. The fish that are reproductively mature today were all spawned before construction of the dam systems and are thought to be nearing the end of their lifespan. The USFWS designated four “Recovery Priority Management Areas” within the

18 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Results December 30, 2019 length of the Missouri River, the nearest of these areas to the Project is located at the mouth of the Platte River. Recovery efforts use strategies such as protection from harvest, protection of habitat and stocking of hatchery-raised fish.

The pipeline will be installed utilizing HDD methods to cross the Missouri River. No dredging within the Missouri River is proposed. Northern will utilize appropriate BMPs within the Plan and Procedures to ensure soil erosion and runoff are minimized to the maximum extent possible to prevent siltation of waters. Additionally, a project specific HDD Plan will outline mitigation in the case of a release of drilling mud from an HDD operation. The SPCC plan for the Project provides restrictions and mitigation measures to minimize potential impacts associated with the release of fuels, lubricants or other potentially toxic materials used during routine construction. Therefore, the Project will have no effect on the lake sturgeon.

Sturgeon Chub

The sturgeon chub is a small minnow species reaching up to 4” in length, however most individuals range between 1.5”-2.5” in length. It is recognized by its long, flat snout with a barbell at the corner of its mouth. They are brown to olive colored on their back and white or silver on their belly. Fins are relatively large and are clear.

The sturgeon chub is found in the Mississippi and Missouri Rivers along with several major tributaries. In Nebraska, the sturgeon chub is found in the Missouri River and lower portions of the Platte River. This species prefers fast, free flowing rivers with high turbidity and low visibility. The low visibility conditions help protect this small fish from larger predators. The most critical factor leading to the decline in sturgeon chub populations is the change in hydrology in large river systems including the Missouri River watershed. This change in hydrology is primarily induced by the development of dams.

The pipeline will be installed utilizing HDD methods to cross the Missouri River. No dredging within the Missouri River is proposed. Northern will utilize appropriate BMPs within the Plan and Procedures to ensure soil erosion and runoff are minimized to the maximum extent possible to prevent siltation of waters. Additionally, a project specific HDD Plan will outline mitigation in the case of a release of drilling mud from an HDD operation. The SPCC plan for the Project provides restrictions and mitigation measures to minimize potential impacts associated with the release of fuels, lubricants or other potentially toxic materials used during routine construction. Therefore, the Project may affect, but is not likely to adversely affect the sturgeon chub.

Sicklefin Chub

This species is found in deep areas of large, turbid rivers with fast currents where the substrate is firm sand or gravel. The SDGFP did not identify this species as having the potential to occur within the Project area; therefore, the Project will have no effect on the sicklefin chub.

Northern Redbelly Dace

19 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Results December 20, 2019

This species is found in small headwater streams, beaver ponds, and small spring fed lakes. The SDGFP did not identify this species as having the potential to occur within the Project area, therefore, the Project will have no effect on the northern redbelly dace.

Finescale Dace

This species is found in small, slow-moving streams with clear water, preferring creeks lined with sand or gravel. The SDGFP did not identify this species as having the potential to occur within the Project area, therefore, the Project will have no effect on the finescale dace.

Northern River Otter

The range of the northern river otter extends throughout Canada and the United States. They are found along water ways, lakes, and wetlands. In Nebraska and South Dakota, river otters can be found along all major river systems. They may den in hollow logs, underground space among roots, overhangs, beaver lodges or dens and other animal burrows. They often have a large home range to ensure they have enough food and resources.

River otter populations have expanded since their reintroduction. High survival rates and the adaptability of this species have contributed to their success. With continued protection and habitat conservation, the river otter is likely to make a full recovery in Nebraska and South Dakota.

The pipeline will be installed utilizing HDD methods to cross the Missouri River. No dredging within the Missouri River is proposed. Northern will utilize appropriate BMPs within the Plan and Procedures to ensure soil erosion and runoff are minimized to the maximum extent possible to prevent siltation of waters. Additionally, a project specific HDD Plan will outline mitigation in the case of a release of drilling mud from an HDD operation. The SPCC plan for the Project provides restrictions and mitigation measures to minimize potential impacts associated with the release of fuels, lubricants or other potentially toxic materials used during routine construction. Therefore, the Project may affect, but is not likely to adversely affect the northern river otter.

American Ginseng

In Nebraska this species is found in the deciduous forests along the Missouri River on the state’s eastern border. American ginseng is found in the understory of eastern deciduous forest with rich soils. It prefers moist, but not wet soils. It is most often found on hillsides and wooded ravines. Woodlands must be dense and provide adequate shade for ginseng to be present. If a wooded area contains bloodroot, black cohosh, maidenhair fern or yellow lady’s slipper, it is considered to also be good habitat for American ginseng.

Commercial harvest of ginseng root began in the mid-1700’s. Originally used by Native Americans for medicinal purposes, today it is primarily used in China and Hong Kong. Commercial harvest of the plants continue today as their root is considered by some to be of great medicinal value. In Nebraska, American ginseng is listed as Threatened and harvest of wild plants is not allowed.

20 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Results December 30, 2019

The NGPC stated that habitat is not present and that the Project will have no effect on the American ginseng based on NGPC’s review of the Project, aerial photographs, and the Nebraska Natural Heritage Database.

3.4 MIGRATORY BIRDS

The protection of migratory birds is regulated by the MBTA and BGEPA. Any activity, intentional or unintentional, that results in take of migratory birds is prohibited unless otherwise permitted by the USFWS. Depending on the timing of construction, the Project may potentially affect nests, eggs, and/or young of birds protected under the MBTA. Northern will clear shrubs and herbaceous vegetation at the start of construction in April and May 2021. Once vegetation is removed from the construction area, nesting surveys are not needed due to lack of nesting habitat and likely reluctance of nesting due to human presence/ongoing activities.

Because construction work cannot be avoided during peak breeding season, Northern will have a biologist conduct a pre-construction nest survey for breeding birds within the Project workspaces. The nest survey will determine the absence or presence of breeding birds and their nests. Pre-construction nest surveys will be completed according to the following procedures.

• No more than seven days before construction activities commence, pre-construction nest surveys for migratory birds will be completed by a qualified avian biologist. The area surveyed will include the proposed workspaces or areas where potentially suitable habitat has been identified. • Northern will conduct preconstruction surveys for least tern and piping plover nests within 0.25-mile of the Project area at the crossing of the Missouri River. If any active nests are located, Northern will stop work and consult with the respective USFWS office and SDGFP or NGPC depending on the location of the nest. If a nest is active, no work will commence until young have fledged. • If an occupied raptor nest is observed during the survey, construction activities will not be permitted within a 660-foot buffer of the raptor nest site during the breeding season or until the fledglings have left the area. Northern will complete consultation with the USFWS and WDNR if an active raptor nest is observed. • If a nest, other than a raptor nest, is observed during the survey, construction activities will not be permitted within a 100-foot buffer of the nest until consultation with the respective SDGFP, NGPC and USFWS field office occurs. Northern will implement buffers and practices recommended by agencies during the consultation. • Upon completion, the survey results will be submitted to the USFWS, SDGFP and NGPC as appropriate. If breeding birds are not present, construction can proceed with no restrictions. If breeding birds or active nests are present, additional consultation will be completed.

One bald eagle nest was observed on the north side of the Missouri River approximately 1.1 mile of MP 22.00 during field surveys in 2019. No raptor or golden eagle nests were observed within 0.5 mile of the Project area. Nest surveys will be conducted prior to any clearing or construction

21 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Summary and Conclusions December 20, 2019 activity; therefore, the Project will have no effect on nesting migratory birds of concern or species protected by the BGEPA.

3.5 OTHER RESOURCES

Stantec requested information, comments, and recommendations from the SDGFP and NGPC on RTE species, habitats, and resources of concern that are protected in the states of Nebraska and South Dakota. The following is a brief summary of other regulations and resources identified by SDGFP and NGPC.

3.5.1 County, State and Federal Lands

No county, state or federal land will be crossed they the Project. One USDA NRCS Wetland Reserve Program (WRP) parcel is crossed at the beginning of the A-line to MP 0.89. The Rosenbaum State Wildlife Management Area is located east of the access road to the workspace on the north side of the Missouri River at 333rd Street and 478th Avenue.

4.0 Summary and Conclusions

Stantec performed a review of federally and state-protected species with the potential to occur within the Project ESB and Project area and determined that 6 federally listed and 9 state-listed (some of which are also federally listed) species have the potential to occur in Dixon and Dakota County, Nebraska. Consultation with the USFWS Nebraska field office determined that 2 federally listed species, the pallid sturgeon and the northern long-eared bat, have the potential to occur within the Project area within Dixon and Dakota County, Nebraska. The NGPC determined that there does not appear to be habitat for northern long-eared bat or American ginseng within the Project area. The NGPC also determined that the Missouri River does supply habitat for interior least tern, pallid sturgeon, scaleshell mussel, piping plover, sturgeon chub, river, northern river otter, and lake sturgeon.

A total of 10 federally listed and 12 state-listed (some of which are also federally listed) species have the potential to occur in Lincoln and Union County, South Dakota. Northern received a letter from the USFWS South Dakota field office which determined that seven federally listed species may occur in the proposed Project area or be affected by the proposed action in Lincoln and Union County, South Dakota. The SDGFP determined that no T&E species were found in the immediate Project area. However, one state threatened species, the eastern hognose snake may occur within the Project area and recommended that visual surveys for eastern hognose snakes be conducted along the proposed pipeline route starting one mile from the Missouri River to the point where the pipeline will cross the Missouri River prior to construction. The SDGFP recommended suspending ground-disturbing activities and contact the SDGFP for further input if eastern hognose snakes are identified.

22 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Limitations and Warranty December 30, 2019

No federally designated critical habitats occur within the Project area (Appendix C.1). The nearest designated critical habitat to the Project is within the Missouri River system. The proposed Project is located approximately 2.57 miles downstream from designated critical habitat for the piping plover where the Project crosses the Missouri River. In addition to the desktop review, field assessments of suitable habitats of protected species with the potential to occur within the proposed Project area were conducted concurrently with the wetland delineation between May 28 and October 26, 2019.

Based upon coordination, field observations, habitat requirements of listed species, it is Stantec’s opinion that the proposed Project will have no effect on 11 species and may affect, but is not likely to adversely affect nine federally and state-listed species which potentially occur in the proposed Project area.

5.0 Limitations and Warranty

Within the limitations of schedule, budget, and scope of work, Stantec warrants that this study was conducted in accordance with accepted environmental science practices, including the technical guidelines, evaluation criteria, and species’ listing status in effect at the time this evaluation was performed.

The results and conclusions of this report represent the best professional judgment of Stantec scientists. No other warranty, expressed or implied, is made. Please be aware that only the USFWS and/or lead federal agency can determine compliance with the ESA.

6.0 References

Birds of North America Online. 2019. Birds of North America. Available at: http://bna.birds.cornell.edu/bna. Accessed December 2019.

Cleveland, C. 2012. Ecoregions of the United States (Bailey). Available at: http://www.eoearth.org/view/article/152244. Accessed December 2019.

NatureServe. 2019. Retrieved from NatureServe Explorer: An online encyclopedia of life. Version 7.1.: http://explorer.natureserve.org

NGPC. 2017. Estimated Current Ranges of Threatened and Endangered Species: List of Species by County Nebraska Natural Heritage Program, Version: December 2017.

NGPC. 2019a. Threatened and Endangered Species Fact Sheets. Available online at http://outdoornebraska.gov/endangeredspecies/. Accessed December 2019.

NGPC. 2019b. Environmental Review Report (CERT). Report generation date May 22, 2019.

23 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

References December 20, 2019

Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Soil Survey Geographic (SSURGO) Database. Available online at http://websoilsurvey.nrcs.usda.gov/ or http://datagateway.nrcs.usda.gov/. Accessed December 2019.

SDGFP. 2019a. South Dakota Wildlife Action Plan Explorer. Available online at https://apps.sd.gov/gf43wap/Default.aspx. Accessed December 2019

SDGFP. 2019b. South Dakota Wildlife Management Plans. Available online at https://gfp.sd.gov/management-plans/. Accessed December 2019

SDGFP. 2019c. Wildlife of South Dakota. Available online at https://apps.sd.gov/gf43wap/Species.aspx. Accessed December 2019.

South Dakota Natural Heritage Program. 2016. State and Federally Listed Threatened, Endangered and Candidate Species Documented in South Dakota by County. Updated on 07/19/2016.

USDA, FSA 2018, Primary Nesting Season Dates and Durations. Available online at https://www.fsa.usda.gov/Assets/USDA-FSA-Public/usdafiles/Conservation/PDF/MAP- Primary%20Nesting%20Season_5_10_2018.pdf. Accessed December 2019.

USDA, NRCS. 2006. Land Resource Regions and Major land Resource Areas of the United States, the Caribbean, and the Pacific Basin. United States Department of Agriculture Handbook 296.

USDA, NRCS. 2011. Nebraska NRCS Species By County. NRCS-November 2011.

USFWS, 2008. Birds of Conservation Concern 2008. U.S. Fish and Wildlife Service, Division of Migratory Bird Management, Arlington, Virginia. December 2019.

USFWS, 2018. Midwest Region 6 Endangered Species. Available online at https://www.fws.gov/mountain-prairie/es/endangered.php. Accessed December 2019.

USGS, 2019. Protected Areas Database of the US (PAD-US) (Public Lands and waters) https://maps.usgs.gov/padus/. Accessed December 2019.

USFWS. 2019a. IPaC – Information, Planning, and Conservation System. Available at: http://ecos.fws.gov/ipac/.

USFWS. 2019b. Endangered Species Glossary. Available at: http://www.fws.gov/endangered/about/glossary.html.

USFWS. 2019c. Northern Long-eared bat Final 4(d) Rule. White-Nose Syndrome Zone Around WNS/Pd Positive Counties/Districts. Created June 27, 2019. https://www.fws.gov/midwest/Endangered/mammals/nleb/pdf/WNSZone.pdf

24 SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Figures

(See Project Overview Map provided as Figure 1 of Resource Report 1 and Field collected Data Map provided as Figure 2-2 of Resource Report 2.)

SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Photographs

Northern Natural Gas South Sioux City to Sioux Falls Pipeline Replacement Project Lincoln and Union County, SD Project #: 193706751 Dakota and Dixon County, NE

Photo 1. Farmed wetland, view east

Photo 2. Pasture with open water livestock pond, view northwest Northern Natural Gas South Sioux City to Sioux Falls Pipeline Replacement Project Lincoln and Union County, SD Project #: 193706751 Dakota and Dixon County, NE

Photo 3. Farmed wetland, view north

Photo 4. Shallow marsh wetland, view east Northern Natural Gas South Sioux City to Sioux Falls Pipeline Replacement Project Lincoln and Union County, SD Project #: 193706751 Dakota and Dixon County, NE

Photo 5. Agricultural waterway, view east

Photo 6. Open Water livestock pond, view southeast Northern Natural Gas South Sioux City to Sioux Falls Pipeline Replacement Project Lincoln and Union County, SD Project #: 193706751 Dakota and Dixon County, NE

Photo 7. Floodplain Forest, view north

Photo 8. Perennial Stream, view north Northern Natural Gas South Sioux City to Sioux Falls Pipeline Replacement Project Lincoln and Union County, SD Project #: 193706751 Dakota and Dixon County, NE

Photo 9. Intermittent Stream, view north

Photo 10. Seasonally flooded wetland, view north Northern Natural Gas South Sioux City to Sioux Falls Pipeline Replacement Project Lincoln and Union County, SD Project #: 193706751 Dakota and Dixon County, NE

Photo 11. Ephemeral stream, view north

Photo 12. Intermittent stream, view east Northern Natural Gas South Sioux City to Sioux Falls Pipeline Replacement Project Lincoln and Union County, SD Project #: 193706751 Dakota and Dixon County, NE

Photo 13. Wooded swamp wetland, view east

Photo 14. Agricultural waterway, view east Northern Natural Gas South Sioux City to Sioux Falls Pipeline Replacement Project Lincoln and Union County, SD Project #: 193706751 Dakota and Dixon County, NE

Photo 15. Ephemeral stream, view south

Photo 16. Upland grassland, hay land Northern Natural Gas South Sioux City to Sioux Falls Pipeline Replacement Project Lincoln and Union County, SD Project #: 193706751 Dakota and Dixon County, NE

Photo 17. Cropland

Photo 18. Heavily grazed pasture Northern Natural Gas South Sioux City to Sioux Falls Pipeline Replacement Project Lincoln and Union County, SD Project #: 193706751 Dakota and Dixon County, NE

Photo 19. Cropland

Photo 20. Fallow field Northern Natural Gas South Sioux City to Sioux Falls Pipeline Replacement Project Lincoln and Union County, SD Project #: 193706751 Dakota and Dixon County, NE

Photo 21. Contour farming practice

Photo 22. Soybean crop field Northern Natural Gas South Sioux City to Sioux Falls Pipeline Replacement Project Lincoln and Union County, SD Project #: 193706751 Dakota and Dixon County, NE

Photo 23. Junk pile

Photo 24. Pheasant nest Northern Natural Gas South Sioux City to Sioux Falls Pipeline Replacement Project Lincoln and Union County, SD Project #: 193706751 Dakota and Dixon County, NE

Photo 25. Erosion in farm field

Photo 26. Upland woods Northern Natural Gas South Sioux City to Sioux Falls Pipeline Replacement Project Lincoln and Union County, SD Project #: 193706751 Dakota and Dixon County, NE

Photo 27. Sandbar in stream

Photo 28. Abandoned farmstead SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Endangered Species Lists and Agency Consultation

SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

C.1 USFWS IPAC LIST OF SPECIES

United States Department of the Interior FISH AND WILDLIFE SERVICE Nebraska Ecological Services Field Office 9325 B South Alda Rd. Wood River, NE 68883-9565 Phone: (308) 382-6468 Fax: (308) 384-8835 http://www.fws.gov//nebraskaes

In Reply Refer To: December 20, 2019 Consultation Code: 06E22000-2020-SLI-0082 Event Code: 06E22000-2020-E-00167 Project Name: Northern Natural Gas - South Sioux City to Sioux Falls

Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project

To Whom It May Concern:

The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list.

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. 12/20/2019 Event Code: 06E22000-2020-E-00167 2

A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.

Attachment(s):

▪ Official Species List ▪ Migratory Birds ▪ Wetlands

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Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

Nebraska Ecological Services Field Office 9325 B South Alda Rd. Wood River, NE 68883-9565 (308) 382-6468

This project's location is within the jurisdiction of multiple offices. Expect additional species list documents from the following office, and expect that the species and critical habitats in each document reflect only those that fall in the office's jurisdiction:

South Dakota Ecological Services Field Office 420 South Garfield Avenue, Suite 400 Pierre, SD 57501-5408 (605) 224-8693

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Project Summary Consultation Code: 06E22000-2020-SLI-0082

Event Code: 06E22000-2020-E-00167

Project Name: Northern Natural Gas - South Sioux City to Sioux Falls

Project Type: OIL OR GAS

Project Description: Natural Gas Pipeline Project

Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/43.38774575900004N96.69648430572958W

Counties: Dakota, NE | Dixon, NE | Lincoln, SD | Union, SD

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Endangered Species Act Species There is a total of 6 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045

Birds NAME STATUS Least Tern Sterna antillarum Endangered Population: interior pop. No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8505

Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6039

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Fishes NAME STATUS Pallid Sturgeon Scaphirhynchus albus Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7162

Clams NAME STATUS Scaleshell Mussel Leptodea leptodon Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5881

Flowering Plants NAME STATUS Western Prairie Fringed Orchid Platanthera praeclara Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1669

Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.

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Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Act2.

Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below.

1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)

The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below.

For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area.

BREEDING NAME SEASON American Golden-plover Pluvialis dominica Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska.

Bald Eagle Haliaeetus leucocephalus Breeds Oct 15 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention to Aug 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626

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BREEDING NAME SEASON Bobolink Dolichonyx oryzivorus Breeds May 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska.

Buff-breasted Sandpiper Calidris subruficollis Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https://ecos.fws.gov/ecp/species/9488

Eastern Whip-poor-will Antrostomus vociferus Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska.

Lesser Yellowlegs Tringa flavipes Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https://ecos.fws.gov/ecp/species/9679

Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska.

Ruddy Turnstone Arenaria interpres morinella Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA

Semipalmated Sandpiper Calidris pusilla Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska.

Short-billed Dowitcher Limnodromus griseus Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https://ecos.fws.gov/ecp/species/9480

Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska.

Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ “Proper Interpretation and Use of Your Migratory Bird Report” before using or attempting to interpret this report.

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Probability of Presence ( )

Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high.

How is the probability of presence score calculated? The calculation is done in three steps:

1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.

Survey Effort ( ) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys.

No Data ( ) A week is marked as having no data if there were no survey events for that week.

Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse.

probability of presence breeding season survey effort no data

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SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Golden- plover BCC Rangewide (CON) Bald Eagle Non-BCC Vulnerable

Bobolink BCC Rangewide (CON) Buff-breasted Sandpiper BCC Rangewide (CON) Eastern Whip-poor- will BCC Rangewide (CON) Lesser Yellowlegs BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) Ruddy Turnstone BCC - BCR Semipalmated Sandpiper BCC Rangewide (CON) Short-billed Dowitcher BCC Rangewide (CON) Wood Thrush BCC Rangewide (CON)

Additional information can be found using the following links:

▪ Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php ▪ Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php ▪ Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/ management/nationwidestandardconservationmeasures.pdf

Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding

12/20/2019 Event Code: 06E22000-2020-E-00167 5 in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site.

What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location.

The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development.

Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool.

What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets .

Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.

How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area.

What are the levels of concern for migratory birds?

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Migratory birds delivered through IPaC fall into the following distinct categories of concern:

1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.

Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.

Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.

What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur.

Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ “What does IPaC use to generate the migratory birds potentially occurring in my specified location”. Please be aware this report provides the “probability of presence” of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the “no data” indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In

12/20/2019 Event Code: 06E22000-2020-E-00167 7 contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ “Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds” at the bottom of your migratory bird trust resources page.

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Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes.

For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.

Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.

FRESHWATER EMERGENT WETLAND ▪ PEM1A ▪ PEM1Ax ▪ PEM1C

FRESHWATER POND ▪ PABFh

RIVERINE ▪ R4SBC

United States Department of the Interior FISH AND WILDLIFE SERVICE South Dakota Ecological Services Field Office 420 South Garfield Avenue, Suite 400 Pierre, SD 57501-5408 Phone: (605) 224-8693 Fax: (605) 224-9974 http://www.fws.gov/southdakotafieldoffice/

In Reply Refer To: December 20, 2019 Consultation Code: 06E14000-2020-SLI-0174 Event Code: 06E14000-2020-E-00428 Project Name: Northern Natural Gas - South Sioux City to Sioux Falls

Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project

To Whom It May Concern:

The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list.

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. 12/20/2019 Event Code: 06E14000-2020-E-00428 2

A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

Please be aware that bald and golden eagles are protected under the Migratory Bird Treaty Act (16 U.S.C. 703-712, as amended), as well as the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.). Projects affecting these species may benefit from the development of an Eagle Conservation Plan (ECP), see guidance at this website (http://www.fws.gov/windenergy/ eagle_guidance.html). An ECP can assist developers in achieving compliance with regulatory requirements, help avoid “take” of eagles at project sites, and provide biological support for eagle permit applications. Additionally, we recommend wind energy developments adhere to our Land-based Wind Energy Guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.

We have recently updated our guidelines for minimizing impacts to migratory birds at projects that have communication towers (including meteorological, cellular, digital television, radio, and emergency broadcast towers). These guidelines can be found at: http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm http://www.towerkill.com

According to National Wetlands Inventory maps, (available online at http://wetlands.fws.gov/) wetlands exist adjacent to the proposed construction corridor. If a project may impact wetlands or other important fish and wildlife habitats, the U.S. Fish and Wildlife Service (Service), in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and other environmental laws and rules, recommends complete avoidance of these areas, if possible. If this is not possible, attempts should be made to minimize adverse impacts. Finally if adverse impacts are unavoidable, measures should be undertaken to replace the impacted areas. Alternatives should be examined and the least damaging practical alternative selected. If wetland impacts are unavoidable, a mitigation plan addressing the number and types of wetland acres to be impacted, and the methods of replacement should be prepared and submitted to the resource agencies for review.

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Please check with your local wetland management district to determine whether Service interest lands exist at the proposed project site, the exact locations of these properties, and any additional restrictions that may apply regarding these sites. The Offices are listed below. If you are not sure which office to contact, we can help you make that decision.

U.S. Fish and Wildlife Service, Huron Wetland Management District, Federal Building, Room 309, 200 4th Street SW, Huron, SD 57350; telephone (605) 352-5894. Counties in the Huron WMD: Beadle, Buffalo, Hand, Hughes, Hyde, Jerauld, Sanborn, Sully.

U.S. Fish and Wildlife Service, Lake Andes Wetland Management District, 38672 291st Street, Lake Andes, South Dakota; telephone (605) 487-7603. Counties in the Lake Andes WMD: Aurora, Bon Homme, Brule, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, Lincoln, Turner, Union, Yankton.

U.S. Fish and Wildlife Service, Madison Wetland Management District, P.O. Box 48, Madison, South Dakota, 57042, telephone (605) 256-2974. Counties in the Madison WMD: Brookings, Deuel, Hamlin, Kingsury, Lake, McCook, Miner, Minnehaha, Moody.

U.S. Fish and Wildlife Service, Sand Lake Wetland Management District, 39650 Sand Lake Drive, Columbia, South Dakota, 57433; telephone (605) 885-6320. Counties in the Sand Lake WMD: Brown, Campbell, Edmunds, Faulk, McPherson, Potter, Spink, Walworth.

U.S. Fish and Wildlife Service, Waubay Wetland Management District, 44401 134A Street, Waubay, South Dakota, 57273; telephone (605) 947-4521. Counties in the Waubay WMD: Clark, Codington, Day, Grant, Marshall, Roberts.

We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.

You are welcome to visit our website (listed above) or to contact our office at the address or phone number above for more information.

Thank you.

Attachment(s):

▪ Official Species List ▪ USFWS National Wildlife Refuges and Fish Hatcheries ▪ Migratory Birds ▪ Wetlands

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Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

South Dakota Ecological Services Field Office 420 South Garfield Avenue, Suite 400 Pierre, SD 57501-5408 (605) 224-8693

This project's location is within the jurisdiction of multiple offices. Expect additional species list documents from the following office, and expect that the species and critical habitats in each document reflect only those that fall in the office's jurisdiction:

Nebraska Ecological Services Field Office 9325 B South Alda Rd. Wood River, NE 68883-9565 (308) 382-6468

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Project Summary Consultation Code: 06E14000-2020-SLI-0174

Event Code: 06E14000-2020-E-00428

Project Name: Northern Natural Gas - South Sioux City to Sioux Falls

Project Type: OIL OR GAS

Project Description: Natural Gas Pipeline Project

Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/43.38774575900004N96.69648430572958W

Counties: Dakota, NE | Dixon, NE | Lincoln, SD | Union, SD

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Endangered Species Act Species There is a total of 8 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045

Birds NAME STATUS Least Tern Sterna antillarum Endangered Population: interior pop. No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8505

Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6039

Red Knot Calidris canutus rufa Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1864

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Fishes NAME STATUS Pallid Sturgeon Scaphirhynchus albus Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7162

Topeka Shiner Notropis topeka (=tristis) Endangered Population: Wherever found, except where listed as an experimental population There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4122

Clams NAME STATUS Scaleshell Mussel Leptodea leptodon Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5881

Flowering Plants NAME STATUS Western Prairie Fringed Orchid Platanthera praeclara Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1669

Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.

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USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

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Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Act2.

Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below.

1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)

The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below.

For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area.

BREEDING NAME SEASON American Bittern Botaurus lentiginosus Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31 (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/6582

American Golden-plover Pluvialis dominica Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska.

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BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Oct 15 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention to Aug 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626

Black Tern Chlidonias niger Breeds May 15 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 20 (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/3093

Bobolink Dolichonyx oryzivorus Breeds May 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska.

Buff-breasted Sandpiper Calidris subruficollis Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https://ecos.fws.gov/ecp/species/9488

Dunlin Calidris alpina arcticola Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA

Franklin's Gull Leucophaeus pipixcan Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska.

Hudsonian Godwit Limosa haemastica Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska.

Lesser Yellowlegs Tringa flavipes Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https://ecos.fws.gov/ecp/species/9679

Long-eared Owl asio otus Breeds Mar 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 15 and Alaska. https://ecos.fws.gov/ecp/species/3631

Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska.

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BREEDING NAME SEASON Ruddy Turnstone Arenaria interpres morinella Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA

Semipalmated Sandpiper Calidris pusilla Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska.

Willet Tringa semipalmata Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 5 and Alaska.

Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska.

Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ “Proper Interpretation and Use of Your Migratory Bird Report” before using or attempting to interpret this report.

Probability of Presence ( )

Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high.

How is the probability of presence score calculated? The calculation is done in three steps:

1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.

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3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.

Survey Effort ( ) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys.

No Data ( ) A week is marked as having no data if there were no survey events for that week.

Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse.

probability of presence breeding season survey effort no data

SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Bittern BCC - BCR American Golden- plover BCC Rangewide (CON) Bald Eagle Non-BCC Vulnerable

Black Tern BCC - BCR

Bobolink BCC Rangewide (CON) Buff-breasted Sandpiper BCC Rangewide (CON) Dunlin BCC - BCR

Franklin's Gull BCC Rangewide (CON)

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SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Hudsonian Godwit BCC Rangewide (CON)

Lesser Yellowlegs BCC Rangewide (CON)

Long-eared Owl BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) Ruddy Turnstone BCC - BCR Semipalmated Sandpiper BCC Rangewide (CON) Willet BCC Rangewide (CON)

Wood Thrush BCC Rangewide (CON)

Additional information can be found using the following links:

▪ Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php ▪ Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php ▪ Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/ management/nationwidestandardconservationmeasures.pdf

Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site.

What does IPaC use to generate the migratory birds potentially occurring in my specified location?

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The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location.

The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development.

Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool.

What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets .

Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.

How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area.

What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern:

1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and

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3. "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.

Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.

Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.

What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur.

Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ “What does IPaC use to generate the migratory birds potentially occurring in my specified location”. Please be aware this report provides the “probability of presence” of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the “no data” indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ “Tell

12/20/2019 Event Code: 06E14000-2020-E-00428 8 me about conservation measures I can implement to avoid or minimize impacts to migratory birds” at the bottom of your migratory bird trust resources page.

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Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes.

For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.

Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.

FRESHWATER EMERGENT WETLAND ▪ PEM1A ▪ PEM1Ad ▪ PEM1C ▪ PEM1Cd ▪ PEM1Cx

FRESHWATER FORESTED/SHRUB WETLAND ▪ PFOA ▪ PSSA

FRESHWATER POND ▪ PABFx

RIVERINE ▪ R4SBC ▪ R5UBFx

SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

C.2 NEBRASKA AND SOUTH DAKOTA STATE SPECIES LISTS

Environmental Review Report

Project Information

Report Generation Date: 5/22/2019 12:32:25 PM Project Title: NNG - South Sioux City-to-Sioux Falls A-Line Abandonment User Project Number(s): System Project ID: NE-CERT-001443 Project Type: Energy Production/Storage/Transfer, Oil/Natural Gas transport Project Activities: Pipeline > 5 miles - new or replacement Project Size: 4,421.13 acres County(s): Dakota; Dixon Watershed(s): Missouri Tributaries Watershed(s) HUC 8: Blackbird-Soldier; Lewis and Clark Lake Watershed(s) HUC 12: Bacon Creek-Missouri River; Outlet Aowa Creek; Outlet Elk Creek; Pigeon Creek Ditch + Biologically Unique Landscape(s): Missouri River; Ponca Bluffs Township/Range and/or Section(s): 028N008E; 028N009E; 029N006E; 029N007E; 029N008E; 030N006E; 030N007E Latitude/Longitude: 42.552599 / -96.656667

Contact Information

Organization: Stantec Contact Name: Andrew Orthober Contact Phone: 920-278-3203 Contact Email: [email protected] Contact Address: 1165 Scheuring Road De Pere WI 54115 Prepared By: Submitted On Behalf Of:

Project Description Project will involve replacement of 22.4 miles of existing M561A pipeline in Nebraska.

Page 1 of 11 System Project ID: NE-CERT-001443 Report Generation Date: 5/22/2019 12:32:25 PM Introduction The Nebraska Game and Parks Commission (Commission) and the U.S. Fish and Wildlife Service (Service) have special concerns for endangered and threatened species, migratory birds, and other fish and wildlife and their habitats. Habitats frequently used by fish and wildlife species are wetlands, streams, riparian areas, woodlands, and grasslands. Special attention is given to proposed projects which modify wetlands, alter streams, result in loss of riparian habitat, convert/remove grasslands, or contaminate habitats. When this occurs, the Commission and Service recommend ways to avoid, minimize, or compensate for adverse effects to fish and wildlife and their habitats.

CONSULTATION PURSUANT TO THE NEBRASKA NONGAME AND ENDANGERED SPECIES CONSERVATION ACT (NESCA) The Commission has responsibility for protecting state-listed endangered and threatened species under authority of the Nongame and Endangered Species Conservation Act (NESCA) (Neb. Rev. Stat. § 37-801 to 37-811). Pursuant to § 37-807 (3) of NESCA, all state agencies shall, in consultation with the Commission, ensure projects they authorize (i.e., issue a permit for), fund or carry out do not jeopardize the continued existence of state-listed endangered or threatened species or result in the destruction or modification of habitat of such species which is determined by the Commission to be critical. If a proposed project may affect state-listed species or designated critical habitat, further consultation with the Commission is required.

Informal consultation pursuant to NESCA can be completed by using the Conservation and Environmental Review Tool (CERT). The CERT analyzes the project type and location, and based on the analysis, provides information about potential impacts to listed species, habitat questions and/or conservation conditions. Project proponents can agree to implement conservation conditions as outlined in the report and applicable to the project type by signing in the designated areas and uploading the signed PDF as part of their "final" project submittal. By agreeing to and implementing the conservation conditions as outlined (if applicable), then further consultation with the Commission is not required. If the report indicates the project may have impacts on listed species, then further consultation with the Commission is required.

TECHNICAL ASSISTANCE AND CONSULTATION PURSUANT TO THE ENDANGERED SPECIES ACT (ESA) The Service has responsibility for conservation and management of fish and wildlife resources for the benefit of the American public under the following authorities: 1) Endangered Species Act of 1973 (ESA); 2) Fish and Wildlife Coordination Act; 3) Bald and Golden Eagle Protection Act; and 4) Migratory Bird Treaty Act. The National Environmental Policy Act (NEPA) requires compliance with all of these statutes and regulations.

Pursuant to section 7(a)(2) of ESA, every federal agency, shall in consultation with the Service, ensure that an action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of designated critical habitat. If a proposed project may affect federally listed species or designated critical habitat, section 7 consultation is required with the Service. It is the responsibility of the lead federal action agency to fully evaluate all potential effects (direct and indirect) that may occur to listed species and critical habitat in the action area. The lead federal agency provides their effect determination to the Service for concurrence. If federally listed species and/or designated/proposed critical habitat would be adversely affected by implementation of the project, the lead federal agency will need to formally request further section 7 consultation with the Service prior to making any irretrievable or irreversible commitment of federal funds (section 7(d) of ESA), or issuing any federal permits or licenses.

At this time, the information generated in this report DOES NOT satisfy consultation obligations between the lead federal agency and the Service pursuant to ESA. For the purposes of ESA, the information in this report should be considered as TECHNICAL ASSISTANCE, and does not serve as the Service's concurrence letter, even if the user signs and agrees to implement conservation conditions in order to satisfy the consultation requirements of NESCA.

Page 2 of 11 System Project ID: NE-CERT-001443 Report Generation Date: 5/22/2019 12:32:25 PM Overall Results The following result is based on a detailed analysis of your project.

Potential impacts on listed species may occur as a result of this project. Please sign and date the certification section, upload the document as "final," and contact the Nebraska Game and Parks Commission and U.S. Fish and Wildlife Service for further information.

Additional Information

Potential impacts on listed species may occur as a result of this project. Further consultation with the Nebraska Game and Parks Commission and the U.S. Fish and Wildlife Service is required. Certification I certify that ALL of the project information in this report (including project location, project size/configuration, project type, project activities, answers to questions) is true, accurate, and complete. If the project type, activities, location, size, or configuration of the project change, or if any of the answers to any questions asked in this report change, then this information is no longer valid and we recommend running the revised project through CERT to get an updated report.

______Applicant/project proponent signature Date Additional Considerations

Bald and Golden Eagle Protection Act The federal Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668c) provides for the protection of the bald eagle (Haliaeetus leucocephalus) and golden eagle (Aquila chrysaetos). Under the Eagle Act, “take” of eagles, their parts, nests or eggs is prohibited. Disturbance resulting in injury to an eagle or a decrease in productivity or nest abandonment by substantially interfering with normal breeding, feeding, or sheltering behavior is a form of “take.”

Bald eagles use mature, forested riparian areas near rivers, streams, lakes, and wetlands and occur along all the major river systems in Nebraska. The bald eagle southward migration begins as early as October and the wintering period extends from December-March. The golden eagle is found in arid open country with grassland for foraging in western Nebraska and usually near buttes or canyons which serve as nesting sites. Golden eagles are often a permanent resident in the Pine Ridge area of Nebraska. Additionally, many bald and golden eagles nest in Nebraska from mid- February through mid-July. Disturbances within 0.5-miles of an active nest or within line-of-sight of the nest could cause adult eagles to discontinue nest building or to abandon eggs. Both bald and golden eagles frequent river systems in Nebraska during the winter where open water and forested corridors provide feeding, perching, and roosting habitats, respectively. The frequency and duration of eagle use of these habitats in the winter depends upon ice and weather conditions. Human disturbances and loss of wintering habitat can cause undue stress leading to cessation of feeding and failure to meet winter thermoregulatory requirements. These affects can reduce the carrying capacity of preferred wintering habitat and reproductive success for the species.

To comply with the Eagle Act, it is recommended that the project proponent determine if the proposed project would impact bald or golden eagles or their habitats. This can be done by conducting a habitat assessment, surveying nesting habitat for active and inactive nests, and surveying potential winter roosting habitat to determine if it is being used by eagles. The area to be surveyed is dependent on the type of project; however for most projects we recommend surveying the project area and a ½ mile buffer around the project area. If it is determined that either species could be affected by the proposed project, the Commission recommends that the project proponent notify the Nebraska Game and Parks Commission as well as the Nebraska Field Office, U.S. Fish and Wildlife Service for

Page 3 of 11 System Project ID: NE-CERT-001443 Report Generation Date: 5/22/2019 12:32:25 PM recommendations to avoid “take” of bald and golden eagles.

Migratory Bird Treaty Act and Nebraska Revised Statute §37-540 We recommend the project proponent compliy with the Migratory Bird Treaty Act (16 U.S.C. 703-712: Ch. 128 as amended) (MBTA). The project proponent should also comply with Nebraska Revised Statute §37-540, which prohibits take and destruction of nests or eggs of protected birds (as defined in Nebraska Revised Statute §37-237.01). Construction activities in grassland, wetland, stream, woodland, and river bank habitats that would result in impacts on birds, their nests or eggs protected under these laws should be avoided. Although the provisions of these laws are applicable year-round, most migratory bird nesting activity in Nebraska occurs during the period of April 1 to July 15. However, some migratory birds are known to nest outside of the aforementioned primary nesting season period. For example, raptors can be expected to nest in woodland habitats during February 1 through July 15, whereas sedge wrens, which occur in some wetland habitats, normally nest from July 15 to September 10. If development in this area is planned to occur during the primary nesting season or at any other time which may result in impacts to birds, their nests or eggs protected under these laws, we request that the project proponent arrange to have a qualified biologist conduct a field survey of the affected habitats to determine the absence or presence of nesting migratory birds. If a field survey identifies the existence of one or more active bird nests that cannot be avoided by the planned construction activities, the Nebraska Game and Parks Commission and the Nebraska Field Office, U.S. Fish and Wildlife Service should be contacted immediately. For more information on avoiding impacts to migratory birds, their nests and eggs, or to report active bird nests that cannot be avoided by planned construction activities, please contact the U.S. Fish and Wildlife Service and/or the Nebraska Game and Parks Commission (contact information within report). Adherence to these guidelines will help avoid unnecessary impacts on migratory birds.

Fish and Wildlife Coordination Act The Fish and Wildlife Coordination Act (FWCA) requires consultation with the U.S. Fish and Wildlife Service (Service) and the State fish and wildlife agency (i.e., Nebraska Game and Parks Commission) for the purpose of preventing loss of and damage to fish and wildlife resources in the planning, implementation, and operation of federal and federaly funded, permitted, or licensed water resource development projects. This statute requires that federal agencies take into consideration the effect that the water related project would have on fish and wildlife resources, to take action to prevent loss or damage to these resources, and to provide for the development and improvement of these resources. The comments in this letter are provided as technical assistance only and are not the document required of the Secretary of the Interior pursuant to Section 2(b) of FWCA on any required federal environmental review or permit. This technical assistance is valid only for the described conditions and will have to be revised if significant environmental changes or changes in the proposed project take place. In order to determine whether the effects to fish and wildlife resources from the proposed project are being considered under FWCA, the lead federal agency must notify the Service in writing of how the comments and recommendations in this technical assistance letter are being considered into the proposed project.

Section 404 of the Clean Water Act In general, the Nebraska Game and Parks Commission and the U.S. Fish and Wildlife Service have concerns for impacts to wetlands, streams and riparian habitats. We recommend that impacts to wetlands, streams, and associated riparian corridors be avoided and minimized, and that any unavoidable impacts to these habitats be mitigated. If any fill materials will be placed into waterways or wetlands, the U.S. Army Corps of Engineers Regulatory Office in Omaha should be contacted to determine if a 404 permit is needed.

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Nebraska Game and Parks Commission U.S. Fish and Wildlife Service Carey Grell Eliza Hines 2200 North 33rd Street 9325 South Alda Road Lincoln, NE 68503 Wood River, NE 68883 phone: (402) 471-5423 phone: (308) 382-6468 ext. 204 email: [email protected] email: [email protected]

OR

Michael Bernhardt 2200 North 33rd Street Lincoln, NE 68503 phone: (402) 471-5554 email: [email protected]

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Table 1 Protected Areas in Immediate Vicinity of Project (project review area) Area Name Owner/Manager Information Source WRP_Dakota, NE (31043) Private USGS Protected Areas Database

Table 2 Documented Occurrences in Immediate Vicinity of Project (project review area): Natural communities and special areas Name Other Information SRank GRank Bur Oak-Basswood-Ironwood Forest Bur Oak-Basswood-Ironwood Forest S2S3 GNR Missouri River Biologically Unique Landscape Link to BUL document Ponca Bluffs Biologically Unique Landscape Link to BUL document

Table 3 Township-level Documented Occurrences of Species within 1 Mile of Project Review Area Scientific Name Common Name USFWS State SGCN USFS SRank GRank Acipenser fulvescens Lake Sturgeon T Tier 1 S1 G3G4 Allium tricoccum var. burdickii Ramp Tier 2 S2 G4G5 Anguilla rostrata American Eel Tier 2 SNR G4 Anodonta suborbiculata Flat Floater Tier 1 S1 G5 Aralia racemosa Spikenard Tier 2 S1 G5 Archilochus colubris Ruby-throated Hummingbird Tier 2 S3 G5 Boechera dentata Short's Rock Cress Tier 2 S2 G5 Charadrius melodus Piping Plover T T Tier 1 S2 G3 Corispermum villosum Hairy Bugseed Tier 2 S1 G4? Cycleptus elongatus Blue Sucker Tier 1 S1 G3G4 Geothlypis formosa Kentucky Warbler Tier 2 S3 G5 Gomphus notatus Elusive Clubtail Tier 2 SNR G3 Haliaeetus leucocephalus Bald Eagle Tier 2 S S3 G5 Hybognathus placitus Plains Minnow Tier 1 S S2 G4 Hylocichla mustelina Wood Thrush Tier 1 S3 G4 Lilium michiganense Turk's Cap Lily S2S4 G5

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Table 3 Township-level Documented Occurrences of Species within 1 Mile of Project Review Area Scientific Name Common Name USFWS State SGCN USFS SRank GRank Macrhybopsis gelida Sturgeon Chub E Tier 1 S S1 G3 Macrhybopsis meeki Sicklefin Chub Tier 1 S1 G3 Mniotilta varia Black-and-white Warbler Tier 2 S3 G5 Myotis lucifugus Little Brown Myotis SNR G3 Myotis septentrionalis Northern Long-eared Myotis T T Tier 1 S1S2 G1G2 Panax quinquefolius American Ginseng T Tier 1 S1 G3G4 Parkesia motacilla Louisiana Waterthrush Tier 2 S1 G5 Patis racemosa Black-seed Ricegrass Tier 2 S2 G5 Pimephales notatus Bluntnose Minnow Tier 2 S3 G5 Piranga rubra Summer Tanager Tier 2 S3S4 G5 Polyodon spathula Paddlefish Tier 2 S2 G4 Scaphirhynchus albus Pallid Sturgeon E E Tier 1 S1 G2 Sternula antillarum athalassos Interior Least Tern E E Tier 1 S2 G4T2Q Ulmus thomasii Rock Elm S2S4 G5 Vireo flavifrons Yellow-throated Vireo Tier 2 S3 G5

Table 4 Potential Occurrences in Immediate Vicinity of Project (project review area): Special status species (Tier 1 at-risk species and Bald and Golden Eagle), based on models or range maps Scientific Name Common Name Data Type USFWS State SGCN USFS SRank GRank Acipenser fulvescens Lake Sturgeon Model T Tier 1 S1 G3G4 Anodonta suborbiculata Flat Floater Range Tier 1 S1 G5 Atrytone arogos iowa Iowa Skipper Range Tier 1 S1 G3T3 Boloria selene nebraskensis Nebraska Fritillary Range Tier 1 SNR G5T3T4 Catocala nuptialis Married Underwing Range Tier 1 SNR G3G4 Catocala whitneyi Whitney Underwing Range Tier 1 S1 G3G4 Charadrius melodus Piping Plover Model T T Tier 1 S2 G3 Coccyzus erythropthalmus Black-billed Cuckoo Range Tier 1 S3 G5 Cycleptus elongatus Blue Sucker Range Tier 1 S1 G3G4

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Table 4 Potential Occurrences in Immediate Vicinity of Project (project review area): Special status species (Tier 1 at-risk species and Bald and Golden Eagle), based on models or range maps Scientific Name Common Name Data Type USFWS State SGCN USFS SRank GRank Danaus plexippus Monarch Range Tier 1 S S2 G4 Emydoidea blandingii Blanding's Turtle Range NC Tier 1 S4 G4 Euphyes bimacula illinois Two-spotted Skipper Range Tier 1 S3 G4T1T2 Euphyes conspicua buchholzi Bucholz Black Dash Range Tier 1 S1 G4T1 Fundulus sciadicus Plains Topminnow Range Tier 1 S S3 G4 Haliaeetus leucocephalus Bald Eagle Range Tier 2 S S3 G5 Hesperia ottoe Ottoe Skipper Range Tier 1 S S2 G3G4 Hybognathus argyritis Western Silvery Minnow Range Tier 1 S2 G4 Hylocichla mustelina Wood Thrush Range Tier 1 S3 G4 Lanius ludovicianus Loggerhead Shrike Range Tier 1 S S3 G4 Lasionycteris noctivagans Silver-haired Bat Range Tier 1 S3 G3G4 Lasiurus borealis Eastern Red Bat Range Tier 1 S3 G3G4 Lasiurus cinereus Hoary Bat Range Tier 1 S S3 G3G4 Leptodea leptodon Scaleshell Mussel Model E E Tier 1 S1 G1G2 Lethe eurydice fumosus Smoky-eyed Brown Range Tier 1 S3 G5T3T4 Macrhybopsis gelida Sturgeon Chub Model E Tier 1 S S1 G3 Macrhybopsis meeki Sicklefin Chub Range Tier 1 S1 G3 Myotis lucifugus lucifugus Little Brown Myotis subspecies Range Tier 1 S2 G3TNR lucifugus Myotis septentrionalis Northern Long-eared Myotis Range T T Tier 1 S1S2 G1G2 Panax quinquefolius American Ginseng Model T Tier 1 S1 G3G4 Perimyotis subflavus Tricolored Bat Range Tier 1 S3 G2G3 Platygobio gracilis Flathead Chub Range Tier 1 S S2 G5 Scaphirhynchus albus Pallid Sturgeon Model E E Tier 1 S1 G2 Speyeria idalia Regal Fritillary Range Tier 1 S S3 G3 Sternula antillarum athalassos Interior Least Tern Model E E Tier 1 S2 G4T2Q Tryngites subruficollis Buff-breasted Sandpiper Range Tier 1 S2N G4

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Powered by TCPDF (www.tcpdf.org) Estimated Current Ranges of Threatened and Endangered Species: List of Species by County Nebraska Natural Heritage Program Nebraska Game and Parks Commission Version: December 2017

This table of species by county is based on the data product "Range maps for listed species in Nebraska, compiled and edited by the Nebraska Natural Heritage Program, December 2017." The map product was based on documented occurrences of listed species and expert knowledge about the distribution of species and suitable habitat. This information is subject to change. For a given county-species combination, the range of the given species covers some portion of the county (from all to very little). The individual species range map would need to be reviewed to determine if a particular location within the county is within the species's range. Because range maps are by their nature approximate, a given county-species combination was excluded from this table if the area covered was very small (less than 20 square kilometers). Included in the list are all federal and state listed species. Species Status: FE=Federal Endangered, FT=Federal Threatened, SE=State Endangered, ST=State Threatened.

County Common Name Scientific Name Status Adams Northern Long-eared Bat Myotis septentrionalis FT, ST River Otter Lontra canadensis ST Whooping Crane Grus americana FE, SE Antelope American Burying Beetle Nicrophorus americanus FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Arthur American Burying Beetle Nicrophorus americanus FE, SE Whooping Crane Grus americana FE, SE Banner Mountain Plover Charadrius montanus ST Swift Fox Vulpes velox SE Blaine American Burying Beetle Nicrophorus americanus FE, SE Blowout Penstemon Penstemon haydenii FE, SE Finescale Dace Phoxinus neogaeus ST Northern Long-eared Bat Myotis septentrionalis FT, ST Northern Redbelly Dace Phoxinus eos ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Boone American Burying Beetle Nicrophorus americanus FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST River Otter Lontra canadensis ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Box Butte Blacknose Shiner Notropis heterolepis SE Blowout Penstemon Penstemon haydenii FE, SE Finescale Dace Phoxinus neogaeus ST

December 2017 Nebraska Natural Heritage Program - Listed Species by County p. 1 of 11 Northern Long-eared Bat Myotis septentrionalis FT, ST Northern Redbelly Dace Phoxinus eos ST Swift Fox Vulpes velox SE Boyd American Burying Beetle Nicrophorus americanus FE, SE Interior Least Tern Sternula antillarum athalassos FE, SE Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Sturgeon Chub Macrhybopsis gelida SE Whooping Crane Grus americana FE, SE Brown American Burying Beetle Nicrophorus americanus FE, SE Blowout Penstemon Penstemon haydenii FE, SE Finescale Dace Phoxinus neogaeus ST Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Northern Redbelly Dace Phoxinus eos ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Buffalo Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Whooping Crane Grus americana FE, SE Burt American Ginseng Panax quinquefolium ST Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE River Otter Lontra canadensis ST Sturgeon Chub Macrhybopsis gelida SE Butler Interior Least Tern Sternula antillarum athalassos FE, SE Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Sturgeon Chub Macrhybopsis gelida SE Whooping Crane Grus americana FE, SE Cass American Ginseng Panax quinquefolium ST Interior Least Tern Sternula antillarum athalassos FE, SE Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Southern Flying Squirrel Glaucomys volans ST Sturgeon Chub Macrhybopsis gelida SE Western Prairie Fringed Orchid Platanthera praeclara FT, ST Cedar Interior Least Tern Sternula antillarum athalassos FE, SE

December 2017 Nebraska Natural Heritage Program - Listed Species by County p. 2 of 11 Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE Piping Plover Charadrius melodus FT, ST Scaleshell Mussel Leptodea leptodon FE, SE Sturgeon Chub Macrhybopsis gelida SE Chase Swift Fox Vulpes velox SE Whooping Crane Grus americana FE, SE Cherry American Burying Beetle Nicrophorus americanus FE, SE Blacknose Shiner Notropis heterolepis SE Blowout Penstemon Penstemon haydenii FE, SE Finescale Dace Phoxinus neogaeus ST Northern Long-eared Bat Myotis septentrionalis FT, ST Northern Redbelly Dace Phoxinus eos ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Swift Fox Vulpes velox SE Topeka Shiner Notropis topeka FE, SE Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Cheyenne Mountain Plover Charadrius montanus ST Swift Fox Vulpes velox SE Whooping Crane Grus americana FE, SE Clay Northern Long-eared Bat Myotis septentrionalis FT, ST Whooping Crane Grus americana FE, SE Colfax Interior Least Tern Sternula antillarum athalassos FE, SE Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Sturgeon Chub Macrhybopsis gelida SE Western Massasauga Sistrurus tergeminus ST Whooping Crane Grus americana FE, SE Cuming Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Custer American Burying Beetle Nicrophorus americanus FE, SE Blowout Penstemon Penstemon haydenii FE, SE Finescale Dace Phoxinus neogaeus ST Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Northern Redbelly Dace Phoxinus eos ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Dakota American Ginseng Panax quinquefolium ST Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE River Otter Lontra canadensis ST Sturgeon Chub Macrhybopsis gelida SE

December 2017 Nebraska Natural Heritage Program - Listed Species by County p. 3 of 11 Dawes Blacknose Shiner Notropis heterolepis SE Finescale Dace Phoxinus neogaeus ST Northern Long-eared Bat Myotis septentrionalis FT, ST Northern Redbelly Dace Phoxinus eos ST Swift Fox Vulpes velox SE Whooping Crane Grus americana FE, SE Dawson American Burying Beetle Nicrophorus americanus FE, SE Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Whooping Crane Grus americana FE, SE Deuel Swift Fox Vulpes velox SE Dixon American Ginseng Panax quinquefolium ST Interior Least Tern Sternula antillarum athalassos FE, SE Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE Piping Plover Charadrius melodus FT, ST Scaleshell Mussel Leptodea leptodon FE, SE Sturgeon Chub Macrhybopsis gelida SE Dodge Interior Least Tern Sternula antillarum athalassos FE, SE Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Sturgeon Chub Macrhybopsis gelida SE Western Massasauga Sistrurus tergeminus ST Douglas American Ginseng Panax quinquefolium ST Interior Least Tern Sternula antillarum athalassos FE, SE Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Sturgeon Chub Macrhybopsis gelida SE Dundy Swift Fox Vulpes velox SE Fillmore Northern Long-eared Bat Myotis septentrionalis FT, ST Whooping Crane Grus americana FE, SE Franklin Northern Long-eared Bat Myotis septentrionalis FT, ST River Otter Lontra canadensis ST Whooping Crane Grus americana FE, SE Frontier American Burying Beetle Nicrophorus americanus FE, SE Swift Fox Vulpes velox SE Whooping Crane Grus americana FE, SE Furnas Northern Long-eared Bat Myotis septentrionalis FT, ST Swift Fox Vulpes velox SE Whooping Crane Grus americana FE, SE Gage Northern Long-eared Bat Myotis septentrionalis FT, ST River Otter Lontra canadensis ST Western Massasauga Sistrurus tergeminus ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Garden Blowout Penstemon Penstemon haydenii FE, SE Piping Plover Charadrius melodus FT, ST

December 2017 Nebraska Natural Heritage Program - Listed Species by County p. 4 of 11 River Otter Lontra canadensis ST Swift Fox Vulpes velox SE Whooping Crane Grus americana FE, SE Garfield American Burying Beetle Nicrophorus americanus FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST River Otter Lontra canadensis ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Gosper American Burying Beetle Nicrophorus americanus FE, SE Interior Least Tern Sternula antillarum athalassos FE, SE Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Swift Fox Vulpes velox SE Whooping Crane Grus americana FE, SE Grant American Burying Beetle Nicrophorus americanus FE, SE Blowout Penstemon Penstemon haydenii FE, SE Finescale Dace Phoxinus neogaeus ST Northern Long-eared Bat Myotis septentrionalis FT, ST Northern Redbelly Dace Phoxinus eos ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Greeley American Burying Beetle Nicrophorus americanus FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Hall Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Hamilton Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Whooping Crane Grus americana FE, SE Harlan Northern Long-eared Bat Myotis septentrionalis FT, ST River Otter Lontra canadensis ST Whooping Crane Grus americana FE, SE Hayes Swift Fox Vulpes velox SE Whooping Crane Grus americana FE, SE Hitchcock Swift Fox Vulpes velox SE Whooping Crane Grus americana FE, SE Holt American Burying Beetle Nicrophorus americanus FE, SE Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Hooker American Burying Beetle Nicrophorus americanus FE, SE

December 2017 Nebraska Natural Heritage Program - Listed Species by County p. 5 of 11 Blowout Penstemon Penstemon haydenii FE, SE Finescale Dace Phoxinus neogaeus ST Northern Long-eared Bat Myotis septentrionalis FT, ST Northern Redbelly Dace Phoxinus eos ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Howard Finescale Dace Phoxinus neogaeus ST Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Whooping Crane Grus americana FE, SE Jefferson Northern Long-eared Bat Myotis septentrionalis FT, ST River Otter Lontra canadensis ST Western Massasauga Sistrurus tergeminus ST Whooping Crane Grus americana FE, SE Johnson Northern Long-eared Bat Myotis septentrionalis FT, ST River Otter Lontra canadensis ST Western Massasauga Sistrurus tergeminus ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Kearney Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Whooping Crane Grus americana FE, SE Keith Finescale Dace Phoxinus neogaeus ST Interior Least Tern Sternula antillarum athalassos FE, SE Northern Redbelly Dace Phoxinus eos ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Swift Fox Vulpes velox SE Whooping Crane Grus americana FE, SE Keya Paha American Burying Beetle Nicrophorus americanus FE, SE Blacknose Shiner Notropis heterolepis SE Finescale Dace Phoxinus neogaeus ST Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Northern Redbelly Dace Phoxinus eos ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Whooping Crane Grus americana FE, SE Kimball Colorado Butterfly Plant Gaura neomexicana ssp. coloradFT, SE Mountain Plover Charadrius montanus ST Swift Fox Vulpes velox SE Knox American Burying Beetle Nicrophorus americanus FE, SE Interior Least Tern Sternula antillarum athalassos FE, SE Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Sturgeon Chub Macrhybopsis gelida SE

December 2017 Nebraska Natural Heritage Program - Listed Species by County p. 6 of 11 Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Lancaster Northern Long-eared Bat Myotis septentrionalis FT, ST Salt Creek Tiger Beetle Cicindela nevadica lincolniana FE, SE Saltwort Salicornia rubra SE Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Lincoln American Burying Beetle Nicrophorus americanus FE, SE Finescale Dace Phoxinus neogaeus ST Interior Least Tern Sternula antillarum athalassos FE, SE Northern Redbelly Dace Phoxinus eos ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Swift Fox Vulpes velox SE Whooping Crane Grus americana FE, SE Logan American Burying Beetle Nicrophorus americanus FE, SE Blowout Penstemon Penstemon haydenii FE, SE Finescale Dace Phoxinus neogaeus ST Northern Long-eared Bat Myotis septentrionalis FT, ST Northern Redbelly Dace Phoxinus eos ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Loup American Burying Beetle Nicrophorus americanus FE, SE Blowout Penstemon Penstemon haydenii FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST River Otter Lontra canadensis ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Madison Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Topeka Shiner Notropis topeka FE, SE Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE McPherson American Burying Beetle Nicrophorus americanus FE, SE Blowout Penstemon Penstemon haydenii FE, SE Finescale Dace Phoxinus neogaeus ST Northern Redbelly Dace Phoxinus eos ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Merrick Finescale Dace Phoxinus neogaeus ST Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Whooping Crane Grus americana FE, SE Morrill Blowout Penstemon Penstemon haydenii FE, SE River Otter Lontra canadensis ST Swift Fox Vulpes velox SE Whooping Crane Grus americana FE, SE Nance Finescale Dace Phoxinus neogaeus ST Interior Least Tern Sternula antillarum athalassos FE, SE

December 2017 Nebraska Natural Heritage Program - Listed Species by County p. 7 of 11 Northern Long-eared Bat Myotis septentrionalis FT, ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Whooping Crane Grus americana FE, SE Nemaha American Ginseng Panax quinquefolium ST Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE River Otter Lontra canadensis ST Southern Flying Squirrel Glaucomys volans ST Sturgeon Chub Macrhybopsis gelida SE Western Prairie Fringed Orchid Platanthera praeclara FT, ST Nuckolls Northern Long-eared Bat Myotis septentrionalis FT, ST Whooping Crane Grus americana FE, SE Otoe American Ginseng Panax quinquefolium ST Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE River Otter Lontra canadensis ST Southern Flying Squirrel Glaucomys volans ST Sturgeon Chub Macrhybopsis gelida SE Western Prairie Fringed Orchid Platanthera praeclara FT, ST Pawnee Northern Long-eared Bat Myotis septentrionalis FT, ST River Otter Lontra canadensis ST Western Massasauga Sistrurus tergeminus ST Perkins Swift Fox Vulpes velox SE Whooping Crane Grus americana FE, SE Phelps Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Whooping Crane Grus americana FE, SE Pierce Northern Long-eared Bat Myotis septentrionalis FT, ST Small White Lady's Slipper Cypripedium candidum ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Platte Interior Least Tern Sternula antillarum athalassos FE, SE Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Sturgeon Chub Macrhybopsis gelida SE Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Polk Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Whooping Crane Grus americana FE, SE Red Willow Northern Long-eared Bat Myotis septentrionalis FT, ST Swift Fox Vulpes velox SE Whooping Crane Grus americana FE, SE

December 2017 Nebraska Natural Heritage Program - Listed Species by County p. 8 of 11 Richardson American Ginseng Panax quinquefolium ST Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE River Otter Lontra canadensis ST Southern Flying Squirrel Glaucomys volans ST Sturgeon Chub Macrhybopsis gelida SE Western Massasauga Sistrurus tergeminus ST Rock American Burying Beetle Nicrophorus americanus FE, SE Blowout Penstemon Penstemon haydenii FE, SE Finescale Dace Phoxinus neogaeus ST Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Northern Redbelly Dace Phoxinus eos ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Saline Northern Long-eared Bat Myotis septentrionalis FT, ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Sarpy American Ginseng Panax quinquefolium ST Interior Least Tern Sternula antillarum athalassos FE, SE Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Sturgeon Chub Macrhybopsis gelida SE Western Prairie Fringed Orchid Platanthera praeclara FT, ST Saunders Interior Least Tern Sternula antillarum athalassos FE, SE Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Salt Creek Tiger Beetle Cicindela nevadica lincolniana FE, SE Saltwort Salicornia rubra SE Sturgeon Chub Macrhybopsis gelida SE Western Prairie Fringed Orchid Platanthera praeclara FT, ST Scotts Bluff River Otter Lontra canadensis ST Swift Fox Vulpes velox SE Whooping Crane Grus americana FE, SE Seward Northern Long-eared Bat Myotis septentrionalis FT, ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Sheridan American Burying Beetle Nicrophorus americanus FE, SE Blowout Penstemon Penstemon haydenii FE, SE Finescale Dace Phoxinus neogaeus ST Northern Long-eared Bat Myotis septentrionalis FT, ST Northern Redbelly Dace Phoxinus eos ST River Otter Lontra canadensis ST Swift Fox Vulpes velox SE Whooping Crane Grus americana FE, SE

December 2017 Nebraska Natural Heritage Program - Listed Species by County p. 9 of 11 Sherman Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Whooping Crane Grus americana FE, SE Sioux Finescale Dace Phoxinus neogaeus ST Northern Long-eared Bat Myotis septentrionalis FT, ST Northern Redbelly Dace Phoxinus eos ST River Otter Lontra canadensis ST Swift Fox Vulpes velox SE Ute Ladies'-tresses Spiranthes diluvialis FT, ST Whooping Crane Grus americana FE, SE Stanton Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Topeka Shiner Notropis topeka FE, SE Western Prairie Fringed Orchid Platanthera praeclara FT, ST Thayer Northern Long-eared Bat Myotis septentrionalis FT, ST River Otter Lontra canadensis ST Whooping Crane Grus americana FE, SE Thomas American Burying Beetle Nicrophorus americanus FE, SE Blowout Penstemon Penstemon haydenii FE, SE Finescale Dace Phoxinus neogaeus ST Northern Long-eared Bat Myotis septentrionalis FT, ST Northern Redbelly Dace Phoxinus eos ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Thurston American Ginseng Panax quinquefolium ST Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE River Otter Lontra canadensis ST Sturgeon Chub Macrhybopsis gelida SE Valley American Burying Beetle Nicrophorus americanus FE, SE Interior Least Tern Sternula antillarum athalassos FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Small White Lady's Slipper Cypripedium candidum ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE Washington American Ginseng Panax quinquefolium ST Interior Least Tern Sternula antillarum athalassos FE, SE Lake Sturgeon Acipenser fulvescens ST Northern Long-eared Bat Myotis septentrionalis FT, ST Pallid Sturgeon Scaphirhynchus albus FE, SE Piping Plover Charadrius melodus FT, ST River Otter Lontra canadensis ST Sturgeon Chub Macrhybopsis gelida SE Wayne Northern Long-eared Bat Myotis septentrionalis FT, ST Small White Lady's Slipper Cypripedium candidum ST Webster Northern Long-eared Bat Myotis septentrionalis FT, ST

December 2017 Nebraska Natural Heritage Program - Listed Species by County p. 10 of 11 Whooping Crane Grus americana FE, SE Wheeler American Burying Beetle Nicrophorus americanus FE, SE Northern Long-eared Bat Myotis septentrionalis FT, ST River Otter Lontra canadensis ST Western Prairie Fringed Orchid Platanthera praeclara FT, ST Whooping Crane Grus americana FE, SE York Northern Long-eared Bat Myotis septentrionalis FT, ST Whooping Crane Grus americana FE, SE

December 2017 Nebraska Natural Heritage Program - Listed Species by County p. 11 of 11 Nebraska NRCS Species By County

Use to answer Step 1. of the NE-CPA-52 Endangered and Threatened Species Guide Sheet. This table of species by county is based on the "Range maps for listed species in Nebraska, compiled and edited by the Nebraska Natural Heritage Program, November 2011." The map product was based on documented occurrences of listed species and expert knowledge about the distribution of species and suitable habitat. For a given county-by-species combination, the range of the given species covers some portion (from all to very little) of the county. The individual species range map needs to be reviewed to determine if a particular area of potential effect for the action is within the species's range.

For species information see links given below:

Species List by County. May use maps to further define (eFOTG Section II): http://efotg.nrcs.usda.gov Species specific information (eFOTG Section II): http://efotg.nrcs.usda.gov General species information can be found at the following links: Nebraska’s Natural Legacy Project Nature Serve

Any of the state species of concern that are also listed federally as endangered, threatened, or proposed are addressed in the Federal species section.

Federally Listed Species E = Endangered P = Proposed for listing XN = Experimental Population T = Threatened C= Candidate

Animals Mussel, scaleshell (E) Wolf, gray (E) Beetle, American burying (E) Plover, piping (T) Plants Beetle, salt creek tiger (E) Shiner, Topeka (E) Butterfly plant, Colorado (T) Crane, whooping (E) Sturgeon, shovelnose (P) Penstemon, blowout (T) Curlew, Eskimo (E) Sturgeon, pallid (E) Orchid, western prairie fringed (T) Ferret, black-footed (E) Tern, interior least (E) Ladies'-tresses, Ute (T)

Federally Designated Critical Habitat: Crane, whooping and Shiner, Topeka Federally Proposed Critical Habitat: None

State Species of Concern Animals Plants Chub, Sturgeon Otter, River Ginseng, American Dace, Finescale Plover, Mountain Lady's Slipper, Small White Dace, Northern Redbelly Shiner, Blacknose Saltwort Fox, Swift Squirrel, Southern Flying Massasauga Sturgeon, Lake

Four federally listed species that could potentially be found in Nebraska do not appear on any of the County lists: Eskimo curlew, black-footed ferret, scaleshell mussel, and gray wolf. Review the Evaluation Parameters. If they are observed or believed to be present in the area then contact the State Office Wildlife Biologist.

County Status Common Name Scientific Name Adams Federally: Whooping Crane Grus americana endangered or Interior Least Tern Sternula antillarum athalassos threatened Piping Plover Charadrius melodus State: River Otter Lutra canadensis species of concern NE T.G. Notice 633 Section II Species by County 1 of 12 NRCS-NOVEMBER 2011 County Status Common Name Scientific Name Antelope Federally: American Burying Beetle Nicrophorus americanus endangered or Small White Lady's Slipper Cypripedium candidum threatened Western Prairie Fringed Orchid Platanthera praeclara Whooping Crane Grus americana State: River Otter Lutra canadensis species of concern Arthur Federally: Whooping Crane Grus americana endangered or threatened Banner State: Mountain Plover Charadrius montanus species of Swift Fox Vulpes velox concern Blaine Federally: American Burying Beetle Nicrophorus americanus endangered or Blowout Penstemon Penstemon haydenii threatened Western Prairie Fringed Orchid Platanthera praeclara Whooping Crane Grus americana State: Finescale Dace Phoxinus neogaeus species of Northern Redbelly Dace Phoxinus eos concern Boone Federally: American Burying Beetle Nicrophorus americanus endangered or Western Prairie Fringed Orchid Platanthera praeclara threatened Whooping Crane State: River Otter Lutra canadensis species of concern Box Butte Federally: Blowout Penstemon Penstemon haydenii endangered or threatened State: Finescale Dace Phoxinus neogaeus species of Northern Redbelly Dace Phoxinus eos concern Swift Fox Vulpes velox Boyd Federally: American Burying Beetle Nicrophorus americanus endangered or Interior Least Tern Sternula antillarum athalassos threatened Pallid Sturgeon Scaphirhyncus albus Piping Plover Charadrius melodus Whooping Crane Grus americana State: Lake Sturgeon Acipenser fulvescens species of River Otter Lutra canadensis concern Small White Lady's Slipper Cypripedium candidum Sturgeon Chub Macrhybopsis gelida Brown Federally: American Burying Beetle Nicrophorus americanus endangered or Blowout Penstemon Penstemon haydenii threatened Interior Least Tern Sternula antillarum athalassos Piping Plover Charadrius melodus Western Prairie Fringed Orchid Platanthera praeclara Whooping Crane Grus americana State: Finescale Dace Phoxinus neogaeus species of Northern Redbelly Dace Phoxinus eos concern River Otter Lutra canadensis Small White Lady's Slipper Cypripedium candidum

NE T.G. Notice 633 Section II Species by County 2 of 12 NRCS-NOVEMBER 2011 County Status Common Name Scientific Name Buffalo Federally: Interior Least Tern Sternula antillarum athalassos endangered or Piping Plover Charadrius melodus threatened Whooping Crane Grus americana Whooping Crane: Designated Critical Habitat State: River Otter Lutra canadensis species of Small White Lady's Slipper Cypripedium candidum concern Burt Federally: Pallid Sturgeon Scaphirhyncus albus endangered or threatened State: American Ginseng Panax quinquefolium species of Lake Sturgeon Acipenser fulvescens concern Sturgeon Chub Macrhybopsis gelida Butler Federally: Interior Least Tern Sternula antillarum athalassos endangered or Pallid Sturgeon Scaphirhyncus albus threatened Piping Plover Charadrius melodus Whooping Crane Grus americana State: Lake Sturgeon Acipenser fulvescens species of River Otter Lutra canadensis concern Sturgeon Chub Macrhybopsis gelida Cass Federally: Interior Least Tern Sternula antillarum athalassos endangered or Pallid Sturgeon Scaphirhyncus albus threatened Piping Plover Charadrius melodus Western Prairie Fringed Orchid Platanthera praeclara State: American Ginseng Panax quinquefolium species of Lake Sturgeon Acipenser fulvescens concern River Otter Lutra canadensis Southern Flying Squirrel Glaucomys volans Sturgeon Chub Macrhybopsis gelida Cedar Federally: Interior Least Tern Sternula antillarum athalassos endangered or Pallid Sturgeon Scaphirhyncus albus threatened Piping Plover Charadrius melodus Scaleshell Mussel Leptodea leptodon State: Lake Sturgeon Acipenser fulvescens species of Sturgeon Chub Macrhybopsis gelida concern Chase Federally: Whooping Crane Grus americana endangered or threatened State: Swift Fox Vulpes velox species of concern Cherry Federally: American Burying Beetle Nicrophorus americanus endangered or Blowout Penstemon Penstemon haydenii threatened Topeka Shiner Notropis topeka Western Prairie Fringed Orchid Platanthera praeclara Whooping Crane Grus americana State: Blacknose Shiner Notropis heterolepis species of Finescale Dace Phoxinus neogaeus concern Northern Redbelly Dace Phoxinus eos River Otter Lutra canadensis Small White Lady's Slipper Cypripedium candidum Swift Fox Vulpes velox NE T.G. Notice 633 Section II Species by County 3 of 12 NRCS-NOVEMBER 2011 County Status Common Name Scientific Name Cheyenne Federally: Whooping Crane Grus americana endangered or threatened State: Mountain Plover Charadrius montanus species of Swift Fox Vulpes velox concern Clay Federally: Whooping Crane Grus americana endangered or threatened Colfax Federally: Interior Least Tern Sternula antillarum athalassos endangered or Pallid Sturgeon Scaphirhyncus albus threatened Piping Plover Charadrius melodus Whooping Crane Grus americana State: Lake Sturgeon Acipenser fulvescens species of Massasauga Sistrurus catenatus concern River Otter Lutra canadensis Sturgeon Chub Macrhybopsis gelida Cuming Federally: Interior Least Tern Sternula antillarum athalassos endangered or Piping Plover Charadrius melodus threatened Custer Federally: American Burying Beetle Nicrophorus americanus endangered or Interior Least Tern Sternula antillarum athalassos threatened Piping Plover Charadrius melodus Whooping Crane Grus americana State: Northern Redbelly Dace Phoxinus eos species of River Otter Lutra canadensis concern Dakota Federally: Pallid Sturgeon Scaphirhyncus albus endangered or threatened State: American Ginseng Panax quinquefolium species of Lake Sturgeon Acipenser fulvescens concern Sturgeon Chub Macrhybopsis gelida Dawes Federally: Whooping Crane Grus americana endangered or threatened State: Blacknose Shiner Notropis heterolepis species of Finescale Dace Phoxinus neogaeus concern Northern Redbelly Dace Phoxinus eos Swift Fox Vulpes velox Dawson Federally: American Burying Beetle Nicrophorus americanus endangered or Interior Least Tern Sternula antillarum athalassos threatened Piping Plover Charadrius melodus Whooping Crane Grus americana Whooping Crane: Designated Critical Habitat State: River Otter Lutra canadensis species of concern Deuel State: Swift Fox Vulpes velox species of concern

NE T.G. Notice 633 Section II Species by County 4 of 12 NRCS-NOVEMBER 2011 County Status Common Name Scientific Name Dixon Federally: Interior Least Tern Sternula antillarum athalassos endangered or Pallid Sturgeon Scaphirhyncus albus threatened Piping Plover Charadrius melodus Scaleshell Mussel Leptodea leptodon State: American Ginseng Panax quinquefolium species of Lake Sturgeon Acipenser fulvescens concern Sturgeon Chub Macrhybopsis gelida Dodge Federally: Interior Least Tern Sternula antillarum athalassos endangered or Pallid Sturgeon Scaphirhyncus albus threatened Piping Plover Charadrius melodus State: Lake Sturgeon Acipenser fulvescens species of Massasauga Sistrurus catenatus concern River Otter Lutra canadensis Sturgeon Chub Macrhybopsis gelida Douglas Federally: Interior Least Tern Sternula antillarum athalassos endangered or Pallid Sturgeon Scaphirhyncus albus threatened Piping Plover Charadrius melodus State: American Ginseng Panax quinquefolium species of Lake Sturgeon Acipenser fulvescens concern River Otter Lutra canadensis Sturgeon Chub Macrhybopsis gelida Dundy State: Swift Fox Vulpes velox species of concern Fillmore Federally: Whooping Crane Grus americana endangered or threatened Franklin Federally: River Otter Lutra canadensis endangered or Whooping Crane Grus americana threatened Frontier Federally: American Burying Beetle Nicrophorus americanus endangered or Whooping Crane Grus americana threatened State: Swift Fox Vulpes velox species of concern Furnas Federally: Whooping Crane Grus americana endangered or threatened State: Swift Fox Vulpes velox species of concern Gage Federally: Western Prairie Fringed Orchid Platanthera praeclara endangered or threatened State: Massasauga Sistrurus catenatus species of concern Garden Federally: Blowout Penstemon Penstemon haydenii endangered or Interior Least Tern Sternula antillarum athalassos threatened Piping Plover Charadrius melodus Whooping Crane Grus americana State: River Otter Lutra canadensis species of Swift Fox Vulpes velox concern NE T.G. Notice 633 Section II Species by County 5 of 12 NRCS-NOVEMBER 2011 County Status Common Name Scientific Name Garfield Federally: American Burying Beetle Nicrophorus americanus endangered or Western Prairie Fringed Orchid Platanthera praeclara threatened Whooping Crane Grus americana State: River Otter Lutra canadensis species of concern Gosper Federally: American Burying Beetle Nicrophorus americanus endangered or Interior Least Tern Sternula antillarum athalassos threatened Piping Plover Charadrius melodus Whooping Crane Grus americana Whooping Crane: Designated Critical Habitat State: River Otter Lutra canadensis species of Swift Fox Vulpes velox concern Grant Federally: Blowout Penstemon Penstemon haydenii endangered or Western Prairie Fringed Orchid Platanthera praeclara threatened Whooping Crane Grus americana State: Finescale Dace Phoxinus neogaeus species of Northern Redbelly Dace Phoxinus eos concern Greeley Federally: American Burying Beetle Nicrophorus americanus endangered or Whooping Crane Grus americana threatened State: River Otter Lutra canadensis species of Small White Lady's Slipper Cypripedium candidum concern Hall Federally: Interior Least Tern Sternula antillarum athalassos endangered or Piping Plover Charadrius melodus threatened Western Prairie Fringed Orchid Platanthera praeclara Whooping Crane Grus americana State: River Otter Lutra canadensis species of Small White Lady's Slipper Cypripedium candidum concern Hamilton Federally: Interior Least Tern Sternula antillarum athalassos endangered or Piping Plover Charadrius melodus threatened Whooping Crane Grus americana State: River Otter Lutra canadensis species of concern Harlan Federally: River Otter Lutra canadensis endangered or Whooping Crane Grus americana threatened Hayes Federally: Whooping Crane Grus americana endangered or threatened State: Swift Fox Vulpes velox species of concern Hitchcock Federally: Whooping Crane Grus americana endangered or threatened State: Swift Fox Vulpes velox species of concern NE T.G. Notice 633 Section II Species by County 6 of 12 NRCS-NOVEMBER 2011 County Status Common Name Scientific Name Holt Federally: American Burying Beetle Nicrophorus americanus endangered or Interior Least Tern Sternula antillarum athalassos threatened Piping Plover Charadrius melodus Western Prairie Fringed Orchid Platanthera praeclara Whooping Crane Grus americana State: River Otter Lutra canadensis species of Small White Lady's Slipper Cypripedium candidum Hooker Federally: American Burying Beetle Nicrophorus americanus endangered or Blowout Penstemon Penstemon haydenii threatened Western Prairie Fringed Orchid Platanthera praeclara Whooping Crane Grus americana State: Finescale Dace Phoxinus neogaeus species of Northern Redbelly Dace Phoxinus eos concern Howard Federally: Interior Least Tern Sternula antillarum athalassos endangered or Piping Plover Charadrius melodus threatened Whooping Crane Grus americana State: Finescale Dace Phoxinus neogaeus species of River Otter Lutra canadensis concern Small White Lady's Slipper Cypripedium candidum

Jefferson Federally: Whooping Crane Grus americana endangered or threatened State: Massasauga Sistrurus catenatus species of concern Johnson Federally: Western Prairie Fringed Orchid Platanthera praeclara endangered or Whooping Crane Grus americana threatened State: Massasauga Sistrurus catenatus species of River Otter Lutra canadensis concern Kearney Federally: Interior Least Tern Sternula antillarum athalassos endangered or Piping Plover Charadrius melodus threatened Whooping Crane Grus americana Whooping Crane: Designated Critical Habitat State: River Otter Lutra canadensis species of concern Keith Federally: Interior Least Tern Sternula antillarum athalassos endangered or Piping Plover Charadrius melodus threatened Whooping Crane Grus americana State: Finescale Dace Phoxinus neogaeus species of Northern Redbelly Dace Phoxinus eos concern River Otter Lutra canadensis Swift Fox Vulpes velox

NE T.G. Notice 633 Section II Species by County 7 of 12 NRCS-NOVEMBER 2011 County Status Common Name Scientific Name Keya Paha Federally: American Burying Beetle Nicrophorus americanus endangered or Interior Least Tern Sternula antillarum athalassos threatened Piping Plover Charadrius melodus Whooping Crane Grus americana State: Blacknose Shiner Notropis heterolepis species of Finescale Dace Phoxinus neogaeus concern Northern Redbelly Dace Phoxinus eos River Otter Lutra canadensis Small White Lady's Slipper Cypripedium candidum Kimball Federally: Colorado Butterfly Plant Gaura neomexicana ssp. coloradensis endangered or threatened State: Mountain Plover Charadrius montanus species of Swift Fox Vulpes velox concern Knox Federally: American Burying Beetle Nicrophorus americanus endangered or Interior Least Tern Sternula antillarum athalassos threatened Pallid Sturgeon Scaphirhyncus albus Piping Plover Charadrius melodus Whooping Crane Grus americana State: Lake Sturgeon Acipenser fulvescens species of River Otter Lutra canadensis concern Sturgeon Chub Macrhybopsis gelida Lancaster Federally: Salt Creek Tiger Beetle Cicindela nevadica lincolniana endangered or Salt Creek Tiger Beetle - Proposed Critical Habitat threatened Western Prairie Fringed Orchid Platanthera praeclara State: Saltwort Salicornia rubra species of concern Lincoln Federally: American Burying Beetle Nicrophorus americanus endangered or Interior Least Tern Sternula antillarum athalassos threatened Piping Plover Charadrius melodus Whooping Crane Grus americana State: Finescale Dace Phoxinus neogaeus species of Northern Redbelly Dace Phoxinus eos concern River Otter Lutra canadensis Swift Fox Vulpes velox Logan Federally: American Burying Beetle Nicrophorus americanus endangered or Whooping Crane Grus americana threatened State: Northern Redbelly Dace Phoxinus eos species of concern Loup Federally: American Burying Beetle Nicrophorus americanus endangered or Blowout Penstemon Penstemon haydenii threatened Western Prairie Fringed Orchid Platanthera praeclara Whooping Crane Grus americana State: River Otter Lutra canadensis species of concern

NE T.G. Notice 633 Section II Species by County 8 of 12 NRCS-NOVEMBER 2011 County Status Common Name Scientific Name Madison Federally: Interior Least Tern Sternula antillarum athalassos endangered or Piping Plover Charadrius melodus threatened Topeka Shiner Notropis topeka Topeka Shiner - Designated Critical Habitat Western Prairie Fringed Orchid Platanthera praeclara Whooping Crane Grus americana State: River Otter Lutra canadensis species of Small White Lady's Slipper Cypripedium candidum concern McPherson Federally: Whooping Crane Grus americana endangered or threatened State: Northern Redbelly Dace Phoxinus eos species of concern Merrick Federally: Interior Least Tern Sternula antillarum athalassos endangered or Piping Plover Charadrius melodus threatened Whooping Crane Grus americana State: Finescale Dace Phoxinus neogaeus species of River Otter Lutra canadensis concern Small White Lady's Slipper Cypripedium candidum

Morrill Federally: Blowout Penstemon Penstemon haydenii endangered or Whooping Crane Grus americana threatened State: River Otter Lutra canadensis species of Swift Fox Vulpes velox concern Nance Federally: Interior Least Tern Sternula antillarum athalassos endangered or Piping Plover Charadrius melodus threatened Whooping Crane Grus americana State: Finescale Dace Phoxinus neogaeus species of River Otter Lutra canadensis concern Small White Lady's Slipper Cypripedium candidum

Nemaha Federally: Pallid Sturgeon Scaphirhyncus albus endangered or Western Prairie Fringed Orchid Platanthera praeclara threatened State: American Ginseng Panax quinquefolium species of Lake Sturgeon Acipenser fulvescens concern River Otter Lutra canadensis Southern Flying Squirrel Glaucomys volans Sturgeon Chub Macrhybopsis gelida Nuckolls Federally: Whooping Crane Grus americana endangered or threatened Otoe Federally: Pallid Sturgeon Scaphirhyncus albus endangered or Western Prairie Fringed Orchid Platanthera praeclara threatened State: American Ginseng Panax quinquefolium species of Lake Sturgeon Acipenser fulvescens concern River Otter Lutra canadensis Southern Flying Squirrel Glaucomys volans Sturgeon Chub Macrhybopsis gelida NE T.G. Notice 633 Section II Species by County 9 of 12 NRCS-NOVEMBER 2011 County Status Common Name Scientific Name Pawnee State: Massasauga Sistrurus catenatus species of concern Perkins Federally: Whooping Crane Grus americana endangered or threatened State: Swift Fox Vulpes velox species of concern Phelps Federally: Interior Least Tern Sternula antillarum athalassos endangered or Piping Plover Charadrius melodus threatened Whooping Crane Grus americana Whooping Crane: Designated Critical Habitat State: River Otter Lutra canadensis species of concern Pierce Federally: Western Prairie Fringed Orchid Platanthera praeclara endangered or Whooping Crane Grus americana threatened State: Small White Lady's Slipper Cypripedium candidum species of concern Platte Federally: Interior Least Tern Sternula antillarum athalassos endangered or Pallid Sturgeon Scaphirhyncus albus threatened Piping Plover Charadrius melodus Whooping Crane Grus americana State: Lake Sturgeon Acipenser fulvescens species of River Otter Lutra canadensis concern Small White Lady's Slipper Cypripedium candidum Sturgeon Chub Macrhybopsis gelida Polk Federally: Interior Least Tern Sternula antillarum athalassos endangered or Piping Plover Charadrius melodus threatened Whooping Crane Grus americana State: River Otter Lutra canadensis species of Cypripedium candidum concern Red Willow Federally: Whooping Crane Grus americana endangered or threatened State: Swift Fox Vulpes velox species of concern Richardson Federally: Pallid Sturgeon Scaphirhyncus albus endangered or threatened State: American Ginseng Panax quinquefolium species of Lake Sturgeon Acipenser fulvescens concern Massasauga Sistrurus catenatus River Otter Lutra canadensis Southern Flying Squirrel Glaucomys volans Sturgeon Chub Macrhybopsis gelida

NE T.G. Notice 633 Section II Species by County 10 of 12 NRCS-NOVEMBER 2011 County Status Common Name Scientific Name Rock Federally: American Burying Beetle Nicrophorus americanus endangered or Blowout Penstemon Penstemon haydenii threatened Interior Least Tern Sternula antillarum athalassos Piping Plover Charadrius melodus Western Prairie Fringed Orchid Platanthera praeclara Whooping Crane Grus americana State: Finescale Dace Phoxinus neogaeus species of Northern Redbelly Dace Phoxinus eos concern River Otter Lutra canadensis Small White Lady's Slipper Cypripedium candidum Saline Federally: Western Prairie Fringed Orchid Platanthera praeclara endangered or Whooping Crane Grus americana threatened Sarpy Federally: Interior Least Tern Sternula antillarum athalassos endangered or Pallid Sturgeon Scaphirhyncus albus threatened Piping Plover Charadrius melodus Western Prairie Fringed Orchid Platanthera praeclara State: American Ginseng Panax quinquefolium species of Lake Sturgeon Acipenser fulvescens concern River Otter Lutra canadensis Sturgeon Chub Macrhybopsis gelida Saunders Federally: Interior Least Tern Sternula antillarum athalassos endangered or Pallid Sturgeon Scaphirhyncus albus threatened Piping Plover Charadrius melodus Salt Creek Tiger Beetle Cicindela nevadica lincolniana Salt Creek Tiger Beetle - Proposed Critical Habitat Western Prairie Fringed Orchid Platanthera praeclara State: Lake Sturgeon Acipenser fulvescens species of River Otter Lutra canadensis concern Saltwort Salicornia rubra Sturgeon Chub Macrhybopsis gelida Scotts Bluff Federally: Whooping Crane Grus americana endangered or threatened State: River Otter Lutra canadensis species of Swift Fox Vulpes velox concern Seward Federally: Western Prairie Fringed Orchid Platanthera praeclara endangered or Whooping Crane Grus americana threatened Sheridan Federally: Blowout Penstemon Penstemon haydenii endangered or Western Prairie Fringed Orchid Platanthera praeclara threatened State: Finescale Dace Phoxinus neogaeus species of Northern Redbelly Dace Phoxinus eos concern River Otter Lutra canadensis Swift Fox Vulpes velox Sherman Federally: Interior Least Tern Sternula antillarum athalassos endangered or Piping Plover Charadrius melodus threatened Whooping Crane Grus americana State: River Otter Lutra canadensis species of Small White Lady's Slipper Cypripedium candidum concern NE T.G. Notice 633 Section II Species by County 11 of 12 NRCS-NOVEMBER 2011 County Status Common Name Scientific Name Sioux Federally: Ute Lady's Tresses Spiranthes diluvialis endangered or Whooping Crane Grus americana threatened State: Finescale Dace Phoxinus neogaeus species of Northern Redbelly Dace Phoxinus eos concern River Otter Lutra canadensis Swift Fox Vulpes velox Stanton Federally: Interior Least Tern Sternula antillarum athalassos endangered or Piping Plover Charadrius melodus threatened Topeka Shiner Notropis topeka Western Prairie Fringed Orchid Platanthera praeclara State: River Otter Lutra canadensis species of Small White Lady's Slipper Cypripedium candidum concern Thayer Federally: Whooping Crane Grus americana endangered or threatened Thomas Federally: American Burying Beetle Nicrophorus americanus endangered or Blowout Penstemon Penstemon haydenii threatened Western Prairie Fringed Orchid Platanthera praeclara Whooping Crane Grus americana State: Finescale Dace Phoxinus neogaeus species of Northern Redbelly Dace Phoxinus eos concern Thurston Federally: Pallid Sturgeon Scaphirhyncus albus endangered or threatened State: American Ginseng Panax quinquefolium species of Lake Sturgeon Acipenser fulvescens concern Sturgeon Chub Macrhybopsis gelida Valley Federally: American Burying Beetle Nicrophorus americanus endangered or Interior Least Tern Sternula antillarum athalassos threatened Piping Plover Charadrius melodus Whooping Crane Grus americana State: species River Otter Lutra canadensis of concern Small White Lady's Slipper Cypripedium candidum Washington Federally: Interior Least Tern Sternula antillarum athalassos endangered or Pallid Sturgeon Scaphirhyncus albus threatened Piping Plover Charadrius melodus State: American Ginseng Panax quinquefolium species of Lake Sturgeon Acipenser fulvescens concern Sturgeon Chub Macrhybopsis gelida Wayne State: species Small White Lady's Slipper Cypripedium candidum of concern Webster Federally: Whooping Crane Grus americana endangered or threatened Wheeler Federally: American Burying Beetle Nicrophorus americanus endangered or Western Prairie Fringed Orchid Platanthera praeclara threatened Whooping Crane Grus americana State: species River Otter Lutra canadensis of concern York Federally: Whooping Crane Grus americana endangered or threatened NE T.G. Notice 633 Section II Species by County 12 of 12 NRCS-NOVEMBER 2011 State and Federally Listed Threatened, Endangered and Candidate Species Documented in South Dakota by County. Updated on 07/19/2016

The following list contains documented occurrences of both state and federally listed species by county in South Dakota. Records were compiled from the South Dakota Natural Heritage Database and expert knowledge of species occurrences. Please note that the absence of a species from a county list does not preclude its presence and that a listing of a historical record does not necessarily mean the species still occurs in that county.

Documentations of bird species consist of known breeding records with the exception of the whooping crane (Grus americana) for which all observations are included. However, please note that while the year-round distribution of the American dipper (Cinclus mexicanus) does not change, all other listed bird species may be found throughout the state during migration.

If more specific information is needed for a particular project site, please visit the following website to request a search of the Natural Heritage Database: http://gfp.sd.gov/wildlife/threatened- endangered/default.aspx

Species statuses include: FE = Federally Endangered, FT = Federally Threatened, PE = Proposed Endangered (Federal), PT = Proposed Threatened (Federal) C = Federal Candidate, SE = State Endangered, ST = State Threatened.

County Common Name Scientific Name Status Aurora Topeka Shiner Notropis topeka FE Whooping Crane Grus americana FE, SE Beadle Topeka Shiner Notropis topeka FE Whooping Crane Grus americana FE, SE Northern River Otter Lontra canadensis ST Bennett Northern Pearl Dace Margariscus nachtriebi ST American Burying Beetle Nicrophorus americanus FE Northern Redbelly Dace Chrosomus eos ST Whooping Crane Grus americana FE, SE Swift Fox Vulpes velox ST Bon Homme Blacknose Shiner Notropis heterolepis SE Northern Redbelly Dace Chrosomus eos ST Pallid Sturgeon Scaphirhynchus albus FE, SE Shovelnose Sturgeon Scaphirhynchus platorynchus FT Sturgeon Chub Macrhybopsis gelida ST Sicklefin Chub Macrhybopsis meeki ST Topeka Shiner Notropis topeka FE False Map Turtle Graptemys pseudogeographica ST Interior Least Tern Sternula antillarum athalassos FE, SE Piping Plover Charadrius melodus FT, ST Whooping Crane Grus americana FE, SE Northern Long-eared Bat Myotis septentrionalis FT Northern River Otter Lontra canadensis ST Brookings American Burying Beetle Nicrophorus americanus FE Poweshiek Skipperling Oarisma poweshiek FE Dakota Skipper Hesperia dacotae FT Northern Redbelly Dace Chrosomus eos ST Topeka Shiner Notropis topeka FE Whooping Crane Grus americana FE, SE Northern River Otter Lontra canadensis ST Western Prairie Fringed Orchid Platanthera praeclara FT Brown Dakota Skipper Hesperia dacotae FT Topeka Shiner Notropis topeka FE Whooping Crane Grus americana FE, SE Northern River Otter Lontra canadensis ST Brule Northern Redbelly Dace Chrosomus eos ST Pallid Sturgeon Scaphirhynchus albus FE, SE Shovelnose Sturgeon Scaphirhynchus platorynchus FT Sturgeon Chub Macrhybopsis gelida ST Whooping Crane Grus americana FE, SE Northern Long-eared Bat Myotis septentrionalis FT Northern River Otter Lontra canadensis ST Buffalo Northern Redbelly Dace Chrosomus eos ST Pallid Sturgeon Scaphirhynchus albus FE, SE Shovelnose Sturgeon Scaphirhynchus platorynchus FT False Map Turtle Graptemys pseudogeographica ST Whooping Crane Grus americana FE, SE Northern River Otter Lontra canadensis ST Butte Finescale Dace Chrosomus neogaeus SE Longnose Sucker Catostomus catostomus ST Whooping Crane Grus americana FE, SE Northern River Otter Lontra canadensis ST Swift Fox Vulpes velox ST Campbell Pallid Sturgeon Scaphirhynchus albus FE, SE Shovelnose Sturgeon Scaphirhynchus platorynchus FT False Map Turtle Graptemys pseudogeographica ST Interior Least Tern Sternula antillarum athalassos FE, SE Piping Plover Charadrius melodus FT, ST Whooping Crane Grus americana FE, SE Charles Mix Banded Killifish Fundulus diaphanus SE Pallid Sturgeon Scaphirhynchus albus FE, SE Shovelnose Sturgeon Scaphirhynchus platorynchus FT Sicklefin Chub Macrhybopsis meeki ST Sturgeon Chub Macrhybopsis gelida ST False Map Turtle Graptemys pseudogeographica ST Interior Least Tern Sternula antillarum athalassos FE, SE Piping Plover Charadrius melodus FT, ST Whooping Crane Grus americana FE, SE Northern Long-eared Bat Myotis septentrionalis FT Clark Northern River Otter Lontra canadensis ST Clay Pallid Sturgeon Scaphirhynchus albus FE, SE Shovelnose Sturgeon Scaphirhynchus platorynchus FT Sicklefin Chub Macrhybopsis meeki ST Sturgeon Chub Macrhybopsis gelida ST Topeka Shiner Notropis topeka FE Eastern Hognose Snake Heterodon platirhinos ST False Map Turtle Graptemys pseudogeographica ST Interior Least Tern Sternula antillarum athalassos FE, SE Piping Plover Charadrius melodus FT, ST Northern Long-eared Bat Myotis septentrionalis FT Northern River Otter Lontra canadensis ST Codington Dakota Skipper Hesperia dacotae FT Poweshiek Skipperling Oarisma poweshiek FE Topeka Shiner Notropis topeka FE Piping Plover Charadrius melodus FT, ST Whooping Crane Grus americana FE, SE Northern River Otter Lontra canadensis ST Corson Northern Redbelly Dace Chrosomus eos ST Pallid Sturgeon Scaphirhynchus albus FE, SE Shovelnose Sturgeon Scaphirhynchus platorynchus FT Sicklefin Chub Macrhybopsis meeki ST Sturgeon Chub Macrhybopsis gelida ST False Map Turtle Graptemys pseudogeographica ST Interior Least Tern Sternula antillarum athalassos FE, SE Piping Plover Charadrius melodus FT, ST Whooping Crane Grus americana FE, SE Black-footed Ferret Mustela nigripes FE, SE Custer Blacknose Shiner Notropis heterolepis SE Longnose Sucker Catostomus catostomus ST Sturgeon Chub Macrhybopsis gelida ST American Dipper Cinclus mexicanus ST Osprey Pandion haliaetus ST Whooping Crane Grus americana FE, SE Black-footed Ferret Mustela nigripes FE, SE Northern Long-eared Bat Myotis septentrionalis FT Northern River Otter Lontra canadensis ST Swift Fox Vulpes velox ST Davison Topeka Shiner Notropis topeka FE Day Blacknose Shiner Notropis heterolepis SE Dakota Skipper Hesperia dacotae FT Poweshiek Skipperling Oarisma poweshiek FE Banded Killifish Fundulus diaphanus SE Piping Plover Charadrius melodus FT, ST Whooping Crane Grus americana FE, SE Northern River Otter Lontra canadensis ST Deuel Dakota Skipper Hesperia dacotae FT Poweshiek Skipperling Oarisma poweshiek FE Banded Killifish Fundulus diaphanus SE Northern Redbelly Dace Chrosomus eos ST Topeka Shiner Notropis topeka FE Northern River Otter Lontra canadensis ST Dewey Pallid Sturgeon Scaphirhynchus albus FE, SE Shovelnose Sturgeon Scaphirhynchus platorynchus FT Interior Least Tern Sternula antillarum athalassos FE, SE Piping Plover Charadrius melodus FT, ST Whooping Crane Grus americana FE, SE Black-footed Ferret Mustela nigripes FE, SE Douglas Whooping Crane Grus americana FE, SE Edmunds Whooping Crane Grus americana FE, SE Fall River Finescale Dace Chrosomus neogaeus SE Osprey Pandion haliaetus ST Swift Fox Vulpes velox ST Faulk Whooping Crane Grus americana FE, SE Grant Dakota Skipper Hesperia dacotae FT Poweshiek Skipperling Oarisma poweshiek FE Blacknose Shiner Notropis heterolepis SE Northern Redbelly Dace Chrosomus eos ST Osprey Pandion haliaetus ST Northern River Otter Lontra canadensis ST Gregory American Burying Beetle Nicrophorus americanus FE Northern Pearl Dace Margariscus nachtriebi ST Pallid Sturgeon Scaphirhynchus albus FE, SE Shovelnose Sturgeon Scaphirhynchus platorynchus FT Sicklefin Chub Macrhybopsis meeki ST Sturgeon Chub Macrhybopsis gelida ST False Map Turtle Graptemys pseudogeographica ST Piping Plover Charadrius melodus FT, ST Interior Least Tern Sternula antillarum athalassos FE, SE Whooping Crane Grus americana FE, SE Northern Long-eared Bat Myotis septentrionalis FT Haakon Sturgeon Chub Macrhybopsis gelida ST Interior Least Tern Sternula antillarum athalassos FE, SE Whooping Crane Grus americana FE, SE Northern River Otter Lontra canadensis ST Swift Fox Vulpes velox ST Hamlin Dakota Skipper Hesperia dacotae FT Poweshiek Skipperling Oarisma poweshiek FE Topeka Shiner Notropis topeka FE Northern River Otter Lontra canadensis ST Hand Whooping Crane Grus americana FE, SE Hanson Topeka Shiner Notropis topeka FE Northern River Otter Lontra canadensis ST Harding Sturgeon Chub Macrhybopsis gelida ST Peregrine Falcon Falco peregrinus SE Swift Fox Vulpes velox ST Hughes Pallid Sturgeon Scaphirhynchus albus FE, SE Shovelnose Sturgeon Scaphirhynchus platorynchus FT Sicklefin Chub Macrhybopsis meeki ST False Map Turtle Graptemys pseudogeographica ST Interior Least Tern Sternula antillarum athalassos FE, SE Piping Plover Charadrius melodus FT, ST Whooping Crane Grus americana FE, SE Northern Long-eared Bat Myotis septentrionalis FT Northern River Otter Lontra canadensis ST Swift Fox Vulpes velox ST Hutchinson Topeka Shiner Notropis topeka FE Whooping Crane Grus americana FE, SE Hyde Pallid Sturgeon Scaphirhynchus albus FE, SE Shovelnose Sturgeon Scaphirhynchus platorynchus FT Whooping Crane Grus americana FE, SE Swift Fox Vulpes velox ST Jackson Northern Redbelly Dace Chrosomus eos ST Sturgeon Chub Macrhybopsis gelida ST Whooping Crane Grus americana FE, SE Northern Long-eared Bat Myotis septentrionalis FT Swift Fox Vulpes velox ST Jerauld Whooping Crane Grus americana FE, SE Northern River Otter Lontra canadensis ST Jones Sturgeon Chub Macrhybopsis gelida ST Whooping Crane Grus americana FE, SE Kingsbury Piping Plover Charadrius melodus FT, ST Whooping Crane Grus americana FE, SE Lake Northern River Otter Lontra canadensis ST Lawrence Finescale Dace Chrosomus neogaeus SE Longnose Sucker Catostomus catostomus ST American Dipper Cinclus mexicanus ST Osprey Pandion haliaetus ST Northern Long-eared Bat Myotis septentrionalis LT Lincoln Northern Redbelly Dace Chrosomus eos ST Topeka Shiner Notropis topeka FE Lined Snake Tropidoclonion lineatum SE Northern River Otter Lontra canadensis ST Lyman Pallid Sturgeon Scaphirhynchus albus FE, SE Shovelnose Sturgeon Scaphirhynchus platorynchus FT Sturgeon Chub Macrhybopsis gelida ST False Map Turtle Graptemys pseudogeographica ST Whooping Crane Grus americana FE, SE Black-footed Ferret Mustela nigripes FE, SE Northern Long-eared Bat Myotis septentrionalis LT Northern River Otter Lontra canadensis ST Swift Fox Vulpes velox ST Marshall Dakota Skipper Hesperia dacotae FT Poweshiek Skipperling Oarisma poweshiek FE Whooping Crane Gus americana FE, SE Northern River Otter Lontra canadensis ST McCook Topeka Shiner Notropis topeka FE Northern River Otter Lontra canadensis ST McPherson Dakota Skipper Hesperia dacotae FT Banded Killifish Fundulus diaphanus SE Whooping Crane Grus americana FE, SE Meade Banded Killifish Fundulus diaphanus SE Longnose Sucker Catostomus catostomus ST Sturgeon Chub Macrhybopsis gelida ST American Dipper Cinclus mexicanus ST Interior Least Tern Sternula antillarum athalassos FE, SE Whooping Crane Grus americana FE, SE Northern Long-eared Bat Myotis septentrionalis LT Northern River Otter Lontra canadensis ST Swift Fox Vulpes velox ST Mellette Sturgeon Chub Macrhybopsis gelida ST Whooping Crane Grus americana FE, SE Miner Topeka Shiner Notropis topeka FE Whooping Crane Grus americana FE, SE Minnehaha Topeka Shiner Notropis topeka FE Lined Snake Tropidoclonion lineatum SE Northern River Otter Lontra canadensis ST Western Prairie Fringed Orchid Platanthera praeclara FT Moody Dakota Skipper Hesperia dacotae FT Poweshiek Skipperling Oarisma poweshiek FE Blacknose Shiner Notropis heterolepis SE Topeka Shiner Notropis topeka FE Northern River Otter Lontra canadensis ST Oglala Lakota Sturgeon Chub Macrhybopsis gelida ST Swift Fox Vulpes velox ST Pennington Longnose Sucker Catostomus catostomus ST Sturgeon Chub Macrhybopsis gelida ST American Dipper Cinclus mexicanus ST Interior Least Tern Sternula antillarum athalassos FE, SE Osprey Pandion haliaetus ST Peregrine Falcon Falco peregrinus SE Whooping Crane Grus americana FE, SE Black-footed Ferret Mustela nigripes FE, SE Northern Long-eared Bat Myotis septentrionalis LT Northern River Otter Lontra canadensis ST Swift Fox Vulpes velox ST Perkins Whooping Crane Grus americana FE, SE Northern Long-eared Bat Myotis septentrionalis LT Swift Fox Vulpes velox ST Potter Pallid Sturgeon Scaphirhynchus albus FE, SE Shovelnose Sturgeon Scaphirhynchus platorynchus FT Interior Least Tern Sternula antillarum athalassos FE, SE Piping Plover Charadrius melodus FT, ST Whooping Crane Grus americana FE, SE Roberts Dakota Skipper Hesperia dacotae FT Poweshiek Skipperling Oarisma poweshiek FE Blacknose Shiner Notropis heterolepis SE Osprey Pandion haliaetus ST Whooping Crane Grus americana FE, SE Northern River Otter Lontra canadensis ST Sandborn Topeka Shiner Notropis topeka FE Whooping Crane Grus americana FE, SE Northern River Otter Lontra canadensis ST Spink Whooping Crane Grus americana FE, SE Northern River Otter Lontra canadensis ST Swift Fox Vulpes velox ST Stanley Pallid Sturgeon Scaphirhynchus albus FE, SE Shovelnose Sturgeon Scaphirhynchus platorynchus FT Sicklefin Chub Macrhybopsis meeki ST False Map Turtle Graptemys pseudogeographica ST Interior Least Tern Sternula antillarum athalassos FE, SE Piping Plover Charadrius melodus FT, ST Whooping Crane Grus americana FE, SE Black-footed Ferret Mustela nigripes FE, SE Northern Long-eared Bat Myotis septentrionalis LT Northern River Otter Lontra canadensis ST Swift Fox Vulpes velox ST Sully Pallid Sturgeon Scaphirhynchus albus FE, SE Shovelnose Sturgeon Scaphirhynchus platorynchus FT Interior Least Tern Sternula antillarum athalassos FE, SE Piping Plover Charadrius melodus FT, ST Whooping Crane Grus americana FE, SE Northern River Otter Lontra canadensis ST Swift Fox Vulpes velox ST Todd American Burying Beetle Nicrophorus americanus FE Blacknose Shiner Notropis heterolepis SE Finescale Dace Chrosomus neogaeus SE Northern Pearl Dace Margariscus nachtriebi ST Northern Redbelly Dace Chrosomus eos ST Black-footed Ferret Mustela nigripes FE, SE Tripp American Burying Beetle Nicrophorus americanus FE Blacknose Shiner Notropis heterolepis SE Northern Pearl Dace Margariscus nachtriebi ST Northern Redbelly Dace Chrosomus eos ST Sturgeon Chub Macrhybopsis gelida ST Whooping Crane Grus americana FE, SE Northern River Otter Lontra canadensis ST Turner Northern Redbelly Dace Chrosomus eos ST Topeka Shiner Notropis topeka FE Union American Burying Beetle Nicrophorus americanus FE Pallid Sturgeon Scaphirhynchus albus FE, SE Shovelnose Sturgeon Scaphirhynchus platorynchus FT Finescale Dace Chrosomus neogaeus SE Sturgeon Chub Macrhybopsis gelida ST Sicklefin Chub Macrhybopsis meeki ST Eastern Hognose Snake Heterodon platirhinos ST False Map Turtle Graptemys pseudogeographica ST Lined Snake Tropidoclonion lineatum SE Interior Least Tern Sternula antillarum athalassos FE, SE Piping Plover Charadrius melodus FT, ST Northern Long-eared Bat Myotis septentrionalis LT Northern River Otter Lontra canadensis ST Walworth Northern Redbelly Dace Chrosomus eos ST Pallid Sturgeon Scaphirhynchus albus FE, SE Shovelnose Sturgeon Scaphirhynchus platorynchus FT Sturgeon Chub Macrhybopsis gelida ST Sicklefin Chub Macrhybopsis meeki ST Interior Least Tern Sternula antillarum athalassos FE, SE Piping Plover Charadrius melodus FT, ST Whooping Crane Grus americana FE, SE Northern Long-eared Bat Myotis septentrionalis LT Yankton Higgins Eye Lampsilis higginsii FE Scaleshell Leptodea leptodon FE Pallid Sturgeon Scaphirhynchus albus FE, SE Shovelnose Sturgeon Scaphirhynchus platorynchus FT Sicklefin Chub Macrhybopsis meeki ST Sturgeon Chub Macrhybopsis gelida ST Eastern Hognose Snake Heterodon platirhinos ST False Map Turtle Graptemys pseudogeographica ST Interior Least Tern Sternula antillarum athalassos FE, SE Piping Plover Charadrius melodus FT, ST Northern Long-eared Bat Myotis septentrionalis LT Northern River Otter Lontra canadensis ST Ziebach Sturgeon Chub Macrhybopsis gelida ST Interior Least Tern Sternula antillarum athalassos FE, SE Black-footed Ferret Mustela nigripes FE, SE Swift Fox Vulpes velox ST Whooping Crane Grus americana FE, SE

SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

C.3 AGENCY CONSULTATION

2200 N. 33rd St. • P.O. Box 30370 • Lincoln, NE 68503-0370 • Phone: 402-471-0641 August 29, 2019

Terry Plucker Northern Natural Gas Co. P.O. Box 3330 Omaha, NE 68103

Re: South Sioux City to Sioux Falls Pipeline Replacement Project, Dixon and Dakota Counties, Nebraska

Dear Terry Plucker:

Please make reference to your letter dated July 31, 2019. This letter is in response to your request for a review of this project’s potential impacts to endangered and threatened species in Dixon and Dakota Counties, Nebraska. As we understand it, the project involves the replacement of the existing pipeline with a new one, and a new Missouri River crossing site. We have completed our review of the proposed project under Neb. Rev. Stat. § 37-807 (3) of the Nongame and Endangered Species Conservation Act and we offer the following comments.

The site is within the range of the state and federally listed endangered Interior Least Tern (Sternula antillarum athalassos), Pallid Sturgeon (Scaphirhynchus albus), and Scaleshell Mussel (Leptodea leptodon); the state and federally listed threatened Piping Plover (Charadrius melodus), and Northern Long-Eared Bat (Myotis septentrionalis); the state-listed endangered Sturgeon Chub (Macrhybopsis gelida); and the state-listed threatened River Otter (Lontra canadensis), Lake Sturgeon (Acipenser fulvescens), and American Ginseng (panax quinquefolius). There does not appear to be habitat for Northern Long-Eared Bat or American Ginseng with in the project area. The Missouri river does supply habitat for Interior Least Tern, Pallid Sturgeon, Scaleshell Mussel, Piping Plover, Sturgeon Chub, River Otter, and Lake Sturgeon.

On August 29, 2019, Norther Natural Gas informe NGPC that they would be using HDD in order to avoid adverse impacts to Interior Least Tern, Pallid Sturgeon, Scaleshell Mussel, Piping Plover, Sturgeon Chub, River Otter, and Lake Sturgeon.

Therefore, we have determined this project “May Affect, but is Not Likely to Adversely Affect” Interior Least Tern, Pallid Sturgeon, Scaleshell Mussel, Piping Plover, Sturgeon Chub, River Otter, and Lake Sturgeon, and will have “No Effect” on all other state-listed endangered or threatened species. We made this determination based on a review of the material you sent, aerial photographs, our Nebraska Natural Heritage Database, and the agreement to HDD as outlined above. If the proposed project is changed or new information regarding endangered or threatened species becomes available, then this determination is no longer valid and further consultation with the Nebraska Game and Parks Commission will be necessary.

TIME OUTDOORS IS TIME WELL SPENT OutdoorNebraska.org

2200 N. 33rd St. • P.O. Box 30370 • Lincoln, NE 68503-0370 • Phone: 402-471-0641

All federally listed endangered or threatened species are also state-listed. For an assessment of potential impacts to habitats and species protected under federal wildlife laws, including federally listed, candidate or proposed endangered or threatened species, please contact Eliza Hines ([email protected]), Nebraska Field Office, U.S. Fish and Wildlife Service, 9325 South Alda Road, Wood River, Nebraska 68883.

Thank you for the opportunity to comment. If you have any questions or need additional information, please feel free to contact me at (402) 471-5554 or [email protected].

Sincerely,

Michael Bernhardt Environmental Analyst I Planning and Programming Division ec: USFWS (Eliza Hines)

TIME OUTDOORS IS TIME WELL SPENT OutdoorNebraska.org

SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT Federal and State-Listed Species Potentially Occurring in Lincoln and Union County, South Dakota and Dixon and Dakota County Nebraska

SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Federal and State-Listed Species Potentially Occurring in Lincoln and Union County, South Dakota and Dixon and Dakota County Nebraska

Common Project Potential for Name Federal County Compon State Status Range or Habitat Requirements Occurrence Effect Determination (Scientific Status ent in Project Area Name)

Birds

Union, The birds nest, raise young, and Interior Least South Nebraska May occur. forage on sparsely vegetated Tern Dakota; NE and SD and South Potential habitat is May affect but is not likely A-line sandbars on the Missouri River. Nests (Sterna Dixon and Endangered Dakota present in the Project to adversely affect are a small bowl-shaped dugout in antillarum) Dakota, Endangered area. open areas away from trees. Nebraska

May occur. Union, May be found on shorelines of prairie Potential habitat is South Nebraska freshwater lakes, alkali wetlands, and present in the Project Piping Plover Dakota; NE and SD and South major river systems, including the area. May affect but is not likely (Charadrius A-line Dixon and Threatened Dakota Missouri River. Nests in shallow Designated Critical to adversely affect melodus) Dakota, Threatened scrapes in the sand and lined with Habitat is located 2.57 Nebraska pebbles. miles upstream from Project.

May occur. Lincoln and Exposed substrate at wetland edges Rufa Red Knot Potential habitat is Union. SD Nebraska for stopover habitat and may forage in (Calidris canutus A-line present in the Project No effect South Threatened Threatened cultivated fields. Does not breed in rufa) area. However, only Dakota South Dakota. present as a migrant.

Reptile

May occur. Eastern Potential habitat is South Open wooded areas near water and Hognose snake Union, South present in the Project A-line None Dakota sandy regions adjacent to cottonwood No Effect (Heterodon Dakota area. Preconstruction Threatened forests along the Missouri River. platirhinos) surveys will be conducted.

Lined Snake Lincoln and South Prairies, grasslands, pastures, Does not occur. Tropidoclonion Union, South A-line None Dakota woodland edges, and even city parks, Species does not occur No Effect lineatum Dakota Endangered city lots, cemeteries, and backyards in the Project area.

False Map Turtle Large rivers, including the Missouri South Does not occur. Graptemys Union, South River, and their tributaries in A-line None Dakota Species does not occur No Effect pseudogeograph Dakota association with the river and moving Threatened in the Project area. ica water.

SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Federal and State-Listed Species Potentially Occurring in Lincoln and Union County, South Dakota and Dixon and Dakota County Nebraska

Common Project Potential for Name Federal County Compon State Status Range or Habitat Requirements Occurrence Effect Determination (Scientific Status ent in Project Area Name)

Fish

Union, South Large river systems including the Nebraska May occur. Pallid Sturgeon Dakota; Missouri River, with diversity of depths NE and SD and South Potential habitat is May affect, but not likely (Scaphirhynchus Dixon and A-line and velocities, turbid, free-flowing, Endangered Dakota present in the Project to adversely affect. albus) Dakota, braided channels, sand bars, sand Endangered area. Nebraska flats and gravel bars.

Small to mid-sized prairie streams with May occur. Topeka Shiner Lincoln and relatively high water quality and cool SD Potential habitat may May affect, but not likely (Notropis Union, A-line None to moderate temperatures. Primarily Endangered be present in the to adversely affect. topeka) South Dakota perennial streams but possible in Project area. intermittent streams.

Lake Sturgeon May occur. Dixon and (Acipenser Nebraska Large lake and river systems including Potential habitat is May affect, but not likely Dakota, A-line None Fulvescens) Threatened the Missouri River. present in the Project to adversely affect. Nebraska area.

Union, South Nebraska Sturgeon Chub May occur. Dakota; Endangered, Missouri River and major tributaries. (Macrhybopsis Potential habitat is May affect, but not likely Dixon and A-line None South Prefers fast, free flowing rivers with Gelida) present in the Project to adversely affect. Dakota, Dakota high turbidity and low visibility. area. Nebraska Threatened

May occur. Sicklefin Chub South Deep areas of large, turbid rivers with Union, South Potential habitat may Macrhybopsis A-line None Dakota fast currents where the substrate is No Effect Dakota be present in the meeki Threatened firm sand or gravel. Project area.

May occur. Northern South Lincoln, Small headwater streams, beaver Potential habitat may Redbelly Dace A-line None Dakota No Effect South Dakota ponds, and small springfed lakes. be present in the Chrosomus eos Threatened Project area.

May occur. Finescale Dace South Found in small, slow-moving streams Union, South Potential habitat may Chrosomus A-line None Dakota with clear water, preferring creeks No Effect Dakota be present in the neogaeus Endangered lined with sand or gravel. Project area.

SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Federal and State-Listed Species Potentially Occurring in Lincoln and Union County, South Dakota and Dixon and Dakota County Nebraska

Common Project Potential for Name Federal County Compon State Status Range or Habitat Requirements Occurrence Effect Determination (Scientific Status ent in Project Area Name)

Shovelnose May occur. sturgeon Union, South SD Large river systems including the Potential habitat may A-line None No Effect Scaphirhynchus Dakota Threatened Missouri River. be present in the platorynchus Project area.

Mammals

Lincoln and Northern long- Union, South Nebraska Winter habitat includes large caves May occur. A-line and eared bat Dakota; NE and SD and South and mines. Summer habitat includes Potential habitat is May affect, but not likely Ponca (Myotis Dixon and Threatened Dakota tree cavities and crevices, loose bark present in the Project to adversely affect. branch line septentrionalis) Dakota, Threatened of live or dead trees. area. Nebraska

Lincoln and Major river systems, water ways, Northern River Union, South Nebraska May occur. lakes, and wetlands. Den in hollow Otter Dakota; and South Potential habitat is May affect, but not likely A-line None logs, underground space among roots, (Lontra Dixon and Dakota present in the Project to adversely affect. overhangs, beaver lodges or dens and canadensis) Dakota, Threatened area. other animal burrows. Nebraska

Plants Does not occur. Moist tallgrass prairie and sedge The Project area Western Prairie Lincoln and meadows. Big and little bluestem, does not include Fringed Orchid Union, NE and SD Nebraska A-line switchgrass, Indiangrass, and prairie or sedge No Effect (Platanthera South Threatened Threatened northern reedgrass are common meadows containing praeclara) Dakota associates. common associate species. Deciduous forests with rich soils Does not occur. American along the Missouri River. Dense, The Project area Dixon and Ginseng Nebraska shaded hillsides and wooded does not include Dakota, A-line None No Effect (Panax Threatened ravines. Associated with bloodroot, densely wooded Nebraska quinquefolius) black cohosh, maidenhair fern or slopes adjacent to the yellow lady’s slipper. Missouri River.

SOUTH SIOUX CITY TO SIOUX FALLS A-LINE REPLACEMENT PROJECT RARE, THREATENED, AND ENDANGERED SPECIES REPORT

Federal and State-Listed Species Potentially Occurring in Lincoln and Union County, South Dakota and Dixon and Dakota County Nebraska

Common Project Potential for Name Federal County Compon State Status Range or Habitat Requirements Occurrence Effect Determination (Scientific Status ent in Project Area Name) Mussels Lincoln and Scaleshell Union, South Found in clear, fast moving streams May occur. Mussel Dakota; NE and SD Nebraska and rivers with gravel or sand Potential habitat may A-line No Effect (Leptodea Dixon and Endangered Endangered substrates in the riffles or fast moving be present in the leptodon) Dakota, currents. Project area. Nebraska

Invertebrates

American Habitat generalist, or one that lives in May occur. Union Burying Beetle many types of habitat, with a slight Potential habitat may County, A-line Endangered None No Effect Nicrophorus preference for grasslands and open be present in the South Dakota americanus understory oak hickory forests Project area.

NORTHERN NATURAL GAS– South Sioux City to Sioux Falls A-line Replacement Project REPORT NO. 3 FISH, WILDLIFE AND VEGETATION

Appendix 3C Agency Correspondence

From: Knabe, Susan To: Michael Bryant; Fahrenkrog, Jake Cc: Jake Fahrenkrog Subject: Northern Natural Gas Proposed South Sioux City to Sioux Falls Project Date: Tuesday, December 10, 2019 11:39:00 AM Attachments: USFWS_SD_letter from_20190812_response to project review.pdf SSC to SF Overview.kmz

Hi Michael

Northern Natural Gas Company (Northern) owns and operates a 14,700-mile natural gas transmission pipeline system and associated aboveground facilities, with pipeline and facilities in South Dakota and Nebraska. Northern is proposing to construct the South Sioux City to Sioux Falls Pipeline Replacement Project (Project), which will include the abandonment-in-place[1] of 79.21 miles of Northern's 14-inch- diameter M561A branch line (A-line) and installation of 84.15 miles of 12-inch-diameter A-line between South Sioux City, Nebraska, and Sioux Falls, South Dakota.

The majority of the replacement A-line will be installed within a 25-foot offset from the existing A-line with the exception of three areas – the replacement pipeline route will (1) be installed around Elk Point, South Dakota, to avoid multiple crossings of Interstate 29; (2) deviate from the existing pipeline where crossing the Missouri River in Dixon County, Nebraska; and (3) deviate from the existing pipeline where the new A-line ties into Northern’s B-line at the north end of the route near Harrisburg, South Dakota.

In addition to the A-line replacement, Northern proposes to replace its Ponca branch line. The 0.2-mile- long 2-inch-diameter Ponca branch line, which currently ties into the A-line to be abandoned, will be abandoned in-place and replaced with two miles of 3-inch-diameter branch line. The extended length and larger diameter is necessary in order to tie the new Ponca branch line into the replacement A-line at a location optimal to meet required pressure profiles. The line will parallel approximately 1.5 miles of the existing A-line and 0.5 mile of the existing Ponca branch line and terminate at Northern’s existing Ponca town border station (TBS).

Northern previously corresponded with the U.S. Fish and Wildlife Service (USFWS) Pierre Office. The USFWS Pierre Office requested we contact the Lake Andes Wetland Management District (WMD) as the Project location falls within an area under your jurisdiction. We are requesting a review of our Project area to determine if the WMD administers easements or fee title properties that would overlap or abut. The letter from the USFWS Pierre office is attached.

Northern also wanted to inform you that the WMD can participate in the Federal Energy Regulatory Commission (FERC or Commission) pre-filing process. The FERC pre-filing process encourages early engagement of Project stakeholders to identify and address Project issues prior to filing a formal application, as detailed in 18 C.F.R. § 157.21. Northern will request a FERC Certificate of Public Convenience and Necessity (Certificate) pursuant to Section 7 of the Natural Gas Act (NGA), as amended, and Part 157 of the Commission's Regulations. Environmental Reports will be prepared and submitted with Northern's Section 7 application in compliance with 18 C.F.R. § 380.12. Northern will be requesting other applicable regulatory approvals as the Project proceeds.

The Project is part of an ongoing and proactive effort by Northern to protect pipeline integrity. To meet this need, Northern is proposing to abandon and replace a portion of the A-line and the Ponca branch line. These facilities are shown on the attached Project overview map (see enclosure).

Northern was approved to utilize the FERC's pre-filing process July 23, 2019 and has been assigned FERC Docket Number PF19-8-000. Northern plans to file a Section 7 application requesting approval to abandon/construct the facilities in July 2020. Stantec Consulting Services, Inc. (Stantec) is assisting Northern with the environmental review of the proposed Project areas and its regulatory applications. Northern plans to construct the facilities in 2021 with a November 1, 2021, in-service date.

Northern is requesting your review of the Project area to determine if there are any WMD-administered wetland easements or fee properties. An electronic version of the proposed centerline and workspaces is provided as a KMZ. The centerline is light green, workspaces are either black lines or shaded colors. Wetland currently field mapped are in pink while streams are in light blue.

Please let me know if you have questions/concerns.

Thank you Sue

Susan Knabe Principal

Direct: 920 278-3220 Mobile: 920 655-7215 Fax: 920 592-8444 [email protected]

Stantec 1165 Scheuring Road De Pere WI 54115-1001

The content of this email is the confidential property of Stantec and should not be copied, modified, retransmitted, or used for any purpose except with Stantec's written authorization. If you are not the intended recipient, please delete all copies and notify us immediately.

[1] The pipeline, once abandoned, will be sold as salvage to a third-party contractor.

Haider, Jessica

From: Haider, Jessica Sent: Tuesday, October 01, 2019 7:54 AM To: Haider, Jessica Subject: FW: Re: [EXTERNAL] Northern Natural Gas Company - South Sioux City to Sioux Falls replacement project

From: Plucker, Terry Sent: Tuesday, September 17, 2019 9:51 AM To: 'Runge, Jeff' Subject: RE: [INTERNET] Re: [EXTERNAL] Northern Natural Gas Company ‐ South Sioux City to Sioux Falls replacement project

1. There is a concern about bed scour in the Missouri River that could lead to pipeline rupture. We recommend that horizontal drilling occur 25 feet or greater below the river bed.

Northern doesn't currently know the river bed elevation, the preliminary design has the bore ~80ft below the water surface elevation seen in Google Earth. We assumed the river may be as much as 40ft deep in spots, putting us ~40ft below the river bed. When bathymetry is obtained, we will adjust the design such that the bore is ~40ft below the thalweg (deepest point) of the river at the crossing location. A civil survey firm has completed a topographic survey of the Missouri River at the point of the HDD and we anticipate the revised bathymetric data in the next two weeks.

2. There is a concern about the entrainment of pallid sturgeon larvae water intakes if source water comes form the Missouri River. Our office recommends that pump intakes are screened to minimize pallid sturgeon entrainment.

Northern intends to utilize water obtained from a public water supply for drilling and hydrostatic testing. Northern intends to haul water to a publicly owned treatment works after any hydrostatic pressure test in the segment near the Missouri River.

3. There is a concern about the release of contaminants into the Missouri River, and one adopted conservation measure is to ensure a 100 foot setback of equipment from the river.

Distance from drill rig to river bank* South side: approx. 900ft North side: approx. 200ft *These are measured from approximately where the water's edge is during this current flood year.

1

Terry Plucker Manager – Construction Environmental Compliance Northern Natural Gas Company 402‐398‐7226 –Office 402‐332‐7081–Cell

From: Runge, Jeff [mailto:[email protected]] Sent: Tuesday, September 17, 2019 9:20 AM To: Plucker, Terry 2 Cc: Knabe, Susan Subject: [INTERNET] Re: [EXTERNAL] Northern Natural Gas Company ‐ South Sioux City to Sioux Falls replacement project

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Hello Terry,

I wanted to follow-up with you on the email sent earlier. It would be helpful if you could expand on the below three points as this will aid in the development of our technical assistance letter.

Jeff

Jeff Runge U.S. Fish and Wildlife Service 9325 South Alda Road Wood River, Nebraska 68883 Office: (308) 218-0049 Cell: (308) 379-8553

On Fri, Sep 6, 2019 at 2:34 PM Runge, Jeff wrote: Terry,

I appreciate your time to discuss by phone today. When I reviewed the project with office administration, we had a discussion about potential effects to pallid sturgeon and conservation measures adopted by other pipeline projects to minimize pallid effects. These effects and conservation measures are described below.

1. There is a concern about bed scour in the Missouri River that could lead to pipeline rupture. We recommend that horizontal drilling occur 25 feet or greater below the river bed.

2. There is a concern about the entrainment of pallid sturgeon larvae water intakes if source water comes form the Missouri River. Our office recommends that pump intakes are screened to minimize pallid sturgeon entrainment.

3

3. There is a concern about the release of contaminants into the Missouri River, and one adopted conservation measure is to ensure a 100 foot setback of equipment from the river.

Based on our phone discussion, you indicated that the above three points are addressed either through federal laws/policy or addressed through Northern Natural Gas standard operating procedures. It would be greatly appreciated if you can expand on the above three points as this will be helpful for our project review (and for future projects). It would also be helpful if you could provide a copy or link to FERC's wetland procedures for pipelines.

Please call or email if you have any questions.

Jeff

Jeff Runge U.S. Fish and Wildlife Service 9325 South Alda Road Wood River, Nebraska 68883 Office: (308) 218-0049 Cell: (308) 379-8553

On Wed, Sep 4, 2019 at 7:05 PM Plucker, Terry wrote: Jeff,

Thank you for your call today. Northern intends to cross the Missouri River utilizing a horizontal directional drill and will cut, cap, and fill the old crossing with grout. As we progress with design we will identify if any trees will be impacted by construction. If impacts to trees are anticipated, Northern intends to apply for coverage under the 4d rule for the northern long-eared bat. As I mentioned in our phone conversation Northern has received correspondence from your counterparts in the Pierre field office (attached).

Please let me know if I can be of any further assistance.

Terry Plucker Manager – Construction Environmental Compliance Northern Natural Gas Company 1111 South 103rd Street Omaha, NE 68124 402-398-7226 –Office 402-332-7081–Cell

This email, including attachments, may contain highly sensitive, confidential, proprietary or valuable information. It is intended only for the designated recipient(s) named above. Any unauthorized use, reproduction, forwarding or distribution of this 4 From: Haider, Jessica To: Haider, Jessica Subject: Northern Natural Gas Company - South Sioux City to Sioux Falls replacement project Date: Thursday, October 24, 2019 11:08:39 AM

From: Runge, Jeff Sent: Friday, September 6, 2019 2:35 PM To: Plucker, Terry Cc: Knabe, Susan Subject: Re: [EXTERNAL] Northern Natural Gas Company - South Sioux City to Sioux Falls replacement project

Terry,

I appreciate your time to discuss by phone today. When I reviewed the project with office administration, we had a discussion about potential effects to pallid sturgeon and conservation measures adopted by other pipeline projects to minimize pallid effects. These effects and conservation measures are described below.

1. There is a concern about bed scour in the Missouri River that could lead to pipeline rupture. We recommend that horizontal drilling occur 25 feet or greater below the river bed.

2. There is a concern about the entrainment of pallid sturgeon larvae water intakes if source water comes form the Missouri River. Our office recommends that pump intakes are screened to minimize pallid sturgeon entrainment.

3. There is a concern about the release of contaminants into the Missouri River, and one adopted conservation measure is to ensure a 100 foot setback of equipment from the river.

Based on our phone discussion, you indicated that the above three points are addressed either through federal laws/policy or addressed through Northern Natural Gas standard operating procedures. It would be greatly appreciated if you can expand on the above three points as this will be helpful for our project review (and for future projects). It would also be helpful if you could provide a copy or link to FERC's wetland procedures for pipelines.

Please call or email if you have any questions.

Jeff

Jeff Runge U.S. Fish and Wildlife Service 9325 South Alda Road Wood River, Nebraska 68883 Office: (308) 218-0049 Cell: (308) 379-8553

On Wed, Sep 4, 2019 at 7:05 PM Plucker, Terry wrote: Jeff,

Thank you for your call today. Northern intends to cross the Missouri River utilizing a horizontal directional drill and will cut, cap, and fill the old crossing with grout. As we progress with design we will identify if any trees will be impacted by construction. If impacts to trees are anticipated, Northern intends to apply for coverage under the 4d rule for the northern long-eared bat. As I mentioned in our phone conversation Northern has received correspondence from your counterparts in the Pierre field office (attached).

Please let me know if I can be of any further assistance.

Terry Plucker Manager – Construction Environmental Compliance Northern Natural Gas Company 1111 South 103rd Street Omaha, NE 68124 402-398-7226 –Office 402-332-7081–Cell

This email, including attachments, may contain highly sensitive, confidential, proprietary or valuable information. It is intended only for the designated recipient(s) named above. Any unauthorized use, reproduction, forwarding or distribution of this transmission, including attachments, is prohibited. If you have received this communication in error, please immediately notify the sender and permanently delete any record of this transmission.

2200 N. 33rd St. • P.O. Box 30370 • Lincoln, NE 68503-0370 • Phone: 402-471-0641 August 29, 2019

Terry Plucker Northern Natural Gas Co. P.O. Box 3330 Omaha, NE 68103

Re: South Sioux City to Sioux Falls Pipeline Replacement Project, Dixon and Dakota Counties, Nebraska

Dear Terry Plucker:

Please make reference to your letter dated July 31, 2019. This letter is in response to your request for a review of this project’s potential impacts to endangered and threatened species in Dixon and Dakota Counties, Nebraska. As we understand it, the project involves the replacement of the existing pipeline with a new one, and a new Missouri River crossing site. We have completed our review of the proposed project under Neb. Rev. Stat. § 37-807 (3) of the Nongame and Endangered Species Conservation Act and we offer the following comments.

The site is within the range of the state and federally listed endangered Interior Least Tern (Sternula antillarum athalassos), Pallid Sturgeon (Scaphirhynchus albus), and Scaleshell Mussel (Leptodea leptodon); the state and federally listed threatened Piping Plover (Charadrius melodus), and Northern Long-Eared Bat (Myotis septentrionalis); the state-listed endangered Sturgeon Chub (Macrhybopsis gelida); and the state-listed threatened River Otter (Lontra canadensis), Lake Sturgeon (Acipenser fulvescens), and American Ginseng (panax quinquefolius). There does not appear to be habitat for Northern Long-Eared Bat or American Ginseng with in the project area. The Missouri river does supply habitat for Interior Least Tern, Pallid Sturgeon, Scaleshell Mussel, Piping Plover, Sturgeon Chub, River Otter, and Lake Sturgeon.

On August 29, 2019, Norther Natural Gas informe NGPC that they would be using HDD in order to avoid adverse impacts to Interior Least Tern, Pallid Sturgeon, Scaleshell Mussel, Piping Plover, Sturgeon Chub, River Otter, and Lake Sturgeon.

Therefore, we have determined this project “May Affect, but is Not Likely to Adversely Affect” Interior Least Tern, Pallid Sturgeon, Scaleshell Mussel, Piping Plover, Sturgeon Chub, River Otter, and Lake Sturgeon, and will have “No Effect” on all other state-listed endangered or threatened species. We made this determination based on a review of the material you sent, aerial photographs, our Nebraska Natural Heritage Database, and the agreement to HDD as outlined above. If the proposed project is changed or new information regarding endangered or threatened species becomes available, then this determination is no longer valid and further consultation with the Nebraska Game and Parks Commission will be necessary.

TIME OUTDOORS IS TIME WELL SPENT OutdoorNebraska.org

2200 N. 33rd St. • P.O. Box 30370 • Lincoln, NE 68503-0370 • Phone: 402-471-0641

All federally listed endangered or threatened species are also state-listed. For an assessment of potential impacts to habitats and species protected under federal wildlife laws, including federally listed, candidate or proposed endangered or threatened species, please contact Eliza Hines ([email protected]), Nebraska Field Office, U.S. Fish and Wildlife Service, 9325 South Alda Road, Wood River, Nebraska 68883.

Thank you for the opportunity to comment. If you have any questions or need additional information, please feel free to contact me at (402) 471-5554 or [email protected].

Sincerely,

Michael Bernhardt Environmental Analyst I Planning and Programming Division ec: USFWS (Eliza Hines)

TIME OUTDOORS IS TIME WELL SPENT OutdoorNebraska.org

Environmental Review Report

Project Information

Report Generation Date: 5/22/2019 12:32:25 PM Project Title: NNG - South Sioux City-to-Sioux Falls A-Line Abandonment User Project Number(s): System Project ID: NE-CERT-001443 Project Type: Energy Production/Storage/Transfer, Oil/Natural Gas transport Project Activities: Pipeline > 5 miles - new or replacement Project Size: 4,421.13 acres County(s): Dakota; Dixon Watershed(s): Missouri Tributaries Watershed(s) HUC 8: Blackbird-Soldier; Lewis and Clark Lake Watershed(s) HUC 12: Bacon Creek-Missouri River; Outlet Aowa Creek; Outlet Elk Creek; Pigeon Creek Ditch + Biologically Unique Landscape(s): Missouri River; Ponca Bluffs Township/Range and/or Section(s): 028N008E; 028N009E; 029N006E; 029N007E; 029N008E; 030N006E; 030N007E Latitude/Longitude: 42.552599 / -96.656667

Contact Information

Organization: Stantec Contact Name: Andrew Orthober Contact Phone: 920-278-3203 Contact Email: [email protected] Contact Address: 1165 Scheuring Road De Pere WI 54115 Prepared By: Submitted On Behalf Of:

Project Description Project will involve replacement of 22.4 miles of existing M561A pipeline in Nebraska.

Page 1 of 11 System Project ID: NE-CERT-001443 Report Generation Date: 5/22/2019 12:32:25 PM Introduction The Nebraska Game and Parks Commission (Commission) and the U.S. Fish and Wildlife Service (Service) have special concerns for endangered and threatened species, migratory birds, and other fish and wildlife and their habitats. Habitats frequently used by fish and wildlife species are wetlands, streams, riparian areas, woodlands, and grasslands. Special attention is given to proposed projects which modify wetlands, alter streams, result in loss of riparian habitat, convert/remove grasslands, or contaminate habitats. When this occurs, the Commission and Service recommend ways to avoid, minimize, or compensate for adverse effects to fish and wildlife and their habitats.

CONSULTATION PURSUANT TO THE NEBRASKA NONGAME AND ENDANGERED SPECIES CONSERVATION ACT (NESCA) The Commission has responsibility for protecting state-listed endangered and threatened species under authority of the Nongame and Endangered Species Conservation Act (NESCA) (Neb. Rev. Stat. § 37-801 to 37-811). Pursuant to § 37-807 (3) of NESCA, all state agencies shall, in consultation with the Commission, ensure projects they authorize (i.e., issue a permit for), fund or carry out do not jeopardize the continued existence of state-listed endangered or threatened species or result in the destruction or modification of habitat of such species which is determined by the Commission to be critical. If a proposed project may affect state-listed species or designated critical habitat, further consultation with the Commission is required.

Informal consultation pursuant to NESCA can be completed by using the Conservation and Environmental Review Tool (CERT). The CERT analyzes the project type and location, and based on the analysis, provides information about potential impacts to listed species, habitat questions and/or conservation conditions. Project proponents can agree to implement conservation conditions as outlined in the report and applicable to the project type by signing in the designated areas and uploading the signed PDF as part of their "final" project submittal. By agreeing to and implementing the conservation conditions as outlined (if applicable), then further consultation with the Commission is not required. If the report indicates the project may have impacts on listed species, then further consultation with the Commission is required.

TECHNICAL ASSISTANCE AND CONSULTATION PURSUANT TO THE ENDANGERED SPECIES ACT (ESA) The Service has responsibility for conservation and management of fish and wildlife resources for the benefit of the American public under the following authorities: 1) Endangered Species Act of 1973 (ESA); 2) Fish and Wildlife Coordination Act; 3) Bald and Golden Eagle Protection Act; and 4) Migratory Bird Treaty Act. The National Environmental Policy Act (NEPA) requires compliance with all of these statutes and regulations.

Pursuant to section 7(a)(2) of ESA, every federal agency, shall in consultation with the Service, ensure that an action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of designated critical habitat. If a proposed project may affect federally listed species or designated critical habitat, section 7 consultation is required with the Service. It is the responsibility of the lead federal action agency to fully evaluate all potential effects (direct and indirect) that may occur to listed species and critical habitat in the action area. The lead federal agency provides their effect determination to the Service for concurrence. If federally listed species and/or designated/proposed critical habitat would be adversely affected by implementation of the project, the lead federal agency will need to formally request further section 7 consultation with the Service prior to making any irretrievable or irreversible commitment of federal funds (section 7(d) of ESA), or issuing any federal permits or licenses.

At this time, the information generated in this report DOES NOT satisfy consultation obligations between the lead federal agency and the Service pursuant to ESA. For the purposes of ESA, the information in this report should be considered as TECHNICAL ASSISTANCE, and does not serve as the Service's concurrence letter, even if the user signs and agrees to implement conservation conditions in order to satisfy the consultation requirements of NESCA.

Page 2 of 11 System Project ID: NE-CERT-001443 Report Generation Date: 5/22/2019 12:32:25 PM Overall Results The following result is based on a detailed analysis of your project.

Potential impacts on listed species may occur as a result of this project. Please sign and date the certification section, upload the document as "final," and contact the Nebraska Game and Parks Commission and U.S. Fish and Wildlife Service for further information.

Additional Information

Potential impacts on listed species may occur as a result of this project. Further consultation with the Nebraska Game and Parks Commission and the U.S. Fish and Wildlife Service is required. Certification I certify that ALL of the project information in this report (including project location, project size/configuration, project type, project activities, answers to questions) is true, accurate, and complete. If the project type, activities, location, size, or configuration of the project change, or if any of the answers to any questions asked in this report change, then this information is no longer valid and we recommend running the revised project through CERT to get an updated report.

______Applicant/project proponent signature Date Additional Considerations

Bald and Golden Eagle Protection Act The federal Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668c) provides for the protection of the bald eagle (Haliaeetus leucocephalus) and golden eagle (Aquila chrysaetos). Under the Eagle Act, “take” of eagles, their parts, nests or eggs is prohibited. Disturbance resulting in injury to an eagle or a decrease in productivity or nest abandonment by substantially interfering with normal breeding, feeding, or sheltering behavior is a form of “take.”

Bald eagles use mature, forested riparian areas near rivers, streams, lakes, and wetlands and occur along all the major river systems in Nebraska. The bald eagle southward migration begins as early as October and the wintering period extends from December-March. The golden eagle is found in arid open country with grassland for foraging in western Nebraska and usually near buttes or canyons which serve as nesting sites. Golden eagles are often a permanent resident in the Pine Ridge area of Nebraska. Additionally, many bald and golden eagles nest in Nebraska from mid- February through mid-July. Disturbances within 0.5-miles of an active nest or within line-of-sight of the nest could cause adult eagles to discontinue nest building or to abandon eggs. Both bald and golden eagles frequent river systems in Nebraska during the winter where open water and forested corridors provide feeding, perching, and roosting habitats, respectively. The frequency and duration of eagle use of these habitats in the winter depends upon ice and weather conditions. Human disturbances and loss of wintering habitat can cause undue stress leading to cessation of feeding and failure to meet winter thermoregulatory requirements. These affects can reduce the carrying capacity of preferred wintering habitat and reproductive success for the species.

To comply with the Eagle Act, it is recommended that the project proponent determine if the proposed project would impact bald or golden eagles or their habitats. This can be done by conducting a habitat assessment, surveying nesting habitat for active and inactive nests, and surveying potential winter roosting habitat to determine if it is being used by eagles. The area to be surveyed is dependent on the type of project; however for most projects we recommend surveying the project area and a ½ mile buffer around the project area. If it is determined that either species could be affected by the proposed project, the Commission recommends that the project proponent notify the Nebraska Game and Parks Commission as well as the Nebraska Field Office, U.S. Fish and Wildlife Service for

Page 3 of 11 System Project ID: NE-CERT-001443 Report Generation Date: 5/22/2019 12:32:25 PM recommendations to avoid “take” of bald and golden eagles.

Migratory Bird Treaty Act and Nebraska Revised Statute §37-540 We recommend the project proponent compliy with the Migratory Bird Treaty Act (16 U.S.C. 703-712: Ch. 128 as amended) (MBTA). The project proponent should also comply with Nebraska Revised Statute §37-540, which prohibits take and destruction of nests or eggs of protected birds (as defined in Nebraska Revised Statute §37-237.01). Construction activities in grassland, wetland, stream, woodland, and river bank habitats that would result in impacts on birds, their nests or eggs protected under these laws should be avoided. Although the provisions of these laws are applicable year-round, most migratory bird nesting activity in Nebraska occurs during the period of April 1 to July 15. However, some migratory birds are known to nest outside of the aforementioned primary nesting season period. For example, raptors can be expected to nest in woodland habitats during February 1 through July 15, whereas sedge wrens, which occur in some wetland habitats, normally nest from July 15 to September 10. If development in this area is planned to occur during the primary nesting season or at any other time which may result in impacts to birds, their nests or eggs protected under these laws, we request that the project proponent arrange to have a qualified biologist conduct a field survey of the affected habitats to determine the absence or presence of nesting migratory birds. If a field survey identifies the existence of one or more active bird nests that cannot be avoided by the planned construction activities, the Nebraska Game and Parks Commission and the Nebraska Field Office, U.S. Fish and Wildlife Service should be contacted immediately. For more information on avoiding impacts to migratory birds, their nests and eggs, or to report active bird nests that cannot be avoided by planned construction activities, please contact the U.S. Fish and Wildlife Service and/or the Nebraska Game and Parks Commission (contact information within report). Adherence to these guidelines will help avoid unnecessary impacts on migratory birds.

Fish and Wildlife Coordination Act The Fish and Wildlife Coordination Act (FWCA) requires consultation with the U.S. Fish and Wildlife Service (Service) and the State fish and wildlife agency (i.e., Nebraska Game and Parks Commission) for the purpose of preventing loss of and damage to fish and wildlife resources in the planning, implementation, and operation of federal and federaly funded, permitted, or licensed water resource development projects. This statute requires that federal agencies take into consideration the effect that the water related project would have on fish and wildlife resources, to take action to prevent loss or damage to these resources, and to provide for the development and improvement of these resources. The comments in this letter are provided as technical assistance only and are not the document required of the Secretary of the Interior pursuant to Section 2(b) of FWCA on any required federal environmental review or permit. This technical assistance is valid only for the described conditions and will have to be revised if significant environmental changes or changes in the proposed project take place. In order to determine whether the effects to fish and wildlife resources from the proposed project are being considered under FWCA, the lead federal agency must notify the Service in writing of how the comments and recommendations in this technical assistance letter are being considered into the proposed project.

Section 404 of the Clean Water Act In general, the Nebraska Game and Parks Commission and the U.S. Fish and Wildlife Service have concerns for impacts to wetlands, streams and riparian habitats. We recommend that impacts to wetlands, streams, and associated riparian corridors be avoided and minimized, and that any unavoidable impacts to these habitats be mitigated. If any fill materials will be placed into waterways or wetlands, the U.S. Army Corps of Engineers Regulatory Office in Omaha should be contacted to determine if a 404 permit is needed.

Page 4 of 11 System Project ID: NE-CERT-001443 Report Generation Date: 5/22/2019 12:32:25 PM Agency Contact Information

Nebraska Game and Parks Commission U.S. Fish and Wildlife Service Carey Grell Eliza Hines 2200 North 33rd Street 9325 South Alda Road Lincoln, NE 68503 Wood River, NE 68883 phone: (402) 471-5423 phone: (308) 382-6468 ext. 204 email: [email protected] email: [email protected]

OR

Michael Bernhardt 2200 North 33rd Street Lincoln, NE 68503 phone: (402) 471-5554 email: [email protected]

Page 5 of 11 System Project ID: NE-CERT-001443 Report Generation Date: 5/22/2019 12:32:25 PM

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Page 8 of 11 System Project ID: NE-CERT-001443 Report Generation Date: 5/22/2019 12:32:25 PM

Table 1 Protected Areas in Immediate Vicinity of Project (project review area) Area Name Owner/Manager Information Source WRP_Dakota, NE (31043) Private USGS Protected Areas Database

Table 2 Documented Occurrences in Immediate Vicinity of Project (project review area): Natural communities and special areas Name Other Information SRank GRank Bur Oak-Basswood-Ironwood Forest Bur Oak-Basswood-Ironwood Forest S2S3 GNR Missouri River Biologically Unique Landscape Link to BUL document Ponca Bluffs Biologically Unique Landscape Link to BUL document

Table 3 Township-level Documented Occurrences of Species within 1 Mile of Project Review Area Scientific Name Common Name USFWS State SGCN USFS SRank GRank Acipenser fulvescens Lake Sturgeon T Tier 1 S1 G3G4 Allium tricoccum var. burdickii Ramp Tier 2 S2 G4G5 Anguilla rostrata American Eel Tier 2 SNR G4 Anodonta suborbiculata Flat Floater Tier 1 S1 G5 Aralia racemosa Spikenard Tier 2 S1 G5 Archilochus colubris Ruby-throated Hummingbird Tier 2 S3 G5 Boechera dentata Short's Rock Cress Tier 2 S2 G5 Charadrius melodus Piping Plover T T Tier 1 S2 G3 Corispermum villosum Hairy Bugseed Tier 2 S1 G4? Cycleptus elongatus Blue Sucker Tier 1 S1 G3G4 Geothlypis formosa Kentucky Warbler Tier 2 S3 G5 Gomphus notatus Elusive Clubtail Tier 2 SNR G3 Haliaeetus leucocephalus Bald Eagle Tier 2 S S3 G5 Hybognathus placitus Plains Minnow Tier 1 S S2 G4 Hylocichla mustelina Wood Thrush Tier 1 S3 G4 Lilium michiganense Turk's Cap Lily S2S4 G5

Page 9 of 11 System Project ID: NE-CERT-001443 Report Generation Date: 5/22/2019 12:32:25 PM

Table 3 Township-level Documented Occurrences of Species within 1 Mile of Project Review Area Scientific Name Common Name USFWS State SGCN USFS SRank GRank Macrhybopsis gelida Sturgeon Chub E Tier 1 S S1 G3 Macrhybopsis meeki Sicklefin Chub Tier 1 S1 G3 Mniotilta varia Black-and-white Warbler Tier 2 S3 G5 Myotis lucifugus Little Brown Myotis SNR G3 Myotis septentrionalis Northern Long-eared Myotis T T Tier 1 S1S2 G1G2 Panax quinquefolius American Ginseng T Tier 1 S1 G3G4 Parkesia motacilla Louisiana Waterthrush Tier 2 S1 G5 Patis racemosa Black-seed Ricegrass Tier 2 S2 G5 Pimephales notatus Bluntnose Minnow Tier 2 S3 G5 Piranga rubra Summer Tanager Tier 2 S3S4 G5 Polyodon spathula Paddlefish Tier 2 S2 G4 Scaphirhynchus albus Pallid Sturgeon E E Tier 1 S1 G2 Sternula antillarum athalassos Interior Least Tern E E Tier 1 S2 G4T2Q Ulmus thomasii Rock Elm S2S4 G5 Vireo flavifrons Yellow-throated Vireo Tier 2 S3 G5

Table 4 Potential Occurrences in Immediate Vicinity of Project (project review area): Special status species (Tier 1 at-risk species and Bald and Golden Eagle), based on models or range maps Scientific Name Common Name Data Type USFWS State SGCN USFS SRank GRank Acipenser fulvescens Lake Sturgeon Model T Tier 1 S1 G3G4 Anodonta suborbiculata Flat Floater Range Tier 1 S1 G5 Atrytone arogos iowa Iowa Skipper Range Tier 1 S1 G3T3 Boloria selene nebraskensis Nebraska Fritillary Range Tier 1 SNR G5T3T4 Catocala nuptialis Married Underwing Range Tier 1 SNR G3G4 Catocala whitneyi Whitney Underwing Range Tier 1 S1 G3G4 Charadrius melodus Piping Plover Model T T Tier 1 S2 G3 Coccyzus erythropthalmus Black-billed Cuckoo Range Tier 1 S3 G5 Cycleptus elongatus Blue Sucker Range Tier 1 S1 G3G4

Page 10 of 11 System Project ID: NE-CERT-001443 Report Generation Date: 5/22/2019 12:32:25 PM

Table 4 Potential Occurrences in Immediate Vicinity of Project (project review area): Special status species (Tier 1 at-risk species and Bald and Golden Eagle), based on models or range maps Scientific Name Common Name Data Type USFWS State SGCN USFS SRank GRank Danaus plexippus Monarch Range Tier 1 S S2 G4 Emydoidea blandingii Blanding's Turtle Range NC Tier 1 S4 G4 Euphyes bimacula illinois Two-spotted Skipper Range Tier 1 S3 G4T1T2 Euphyes conspicua buchholzi Bucholz Black Dash Range Tier 1 S1 G4T1 Fundulus sciadicus Plains Topminnow Range Tier 1 S S3 G4 Haliaeetus leucocephalus Bald Eagle Range Tier 2 S S3 G5 Hesperia ottoe Ottoe Skipper Range Tier 1 S S2 G3G4 Hybognathus argyritis Western Silvery Minnow Range Tier 1 S2 G4 Hylocichla mustelina Wood Thrush Range Tier 1 S3 G4 Lanius ludovicianus Loggerhead Shrike Range Tier 1 S S3 G4 Lasionycteris noctivagans Silver-haired Bat Range Tier 1 S3 G3G4 Lasiurus borealis Eastern Red Bat Range Tier 1 S3 G3G4 Lasiurus cinereus Hoary Bat Range Tier 1 S S3 G3G4 Leptodea leptodon Scaleshell Mussel Model E E Tier 1 S1 G1G2 Lethe eurydice fumosus Smoky-eyed Brown Range Tier 1 S3 G5T3T4 Macrhybopsis gelida Sturgeon Chub Model E Tier 1 S S1 G3 Macrhybopsis meeki Sicklefin Chub Range Tier 1 S1 G3 Myotis lucifugus lucifugus Little Brown Myotis subspecies Range Tier 1 S2 G3TNR lucifugus Myotis septentrionalis Northern Long-eared Myotis Range T T Tier 1 S1S2 G1G2 Panax quinquefolius American Ginseng Model T Tier 1 S1 G3G4 Perimyotis subflavus Tricolored Bat Range Tier 1 S3 G2G3 Platygobio gracilis Flathead Chub Range Tier 1 S S2 G5 Scaphirhynchus albus Pallid Sturgeon Model E E Tier 1 S1 G2 Speyeria idalia Regal Fritillary Range Tier 1 S S3 G3 Sternula antillarum athalassos Interior Least Tern Model E E Tier 1 S2 G4T2Q Tryngites subruficollis Buff-breasted Sandpiper Range Tier 1 S2N G4

Page 11 of 11

Powered by TCPDF (www.tcpdf.org) 12/20/2019 Event Code: 06E14000-2020-E-00428 1

Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes.

For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.

Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.

FRESHWATER EMERGENT WETLAND ▪ PEM1A ▪ PEM1Ad ▪ PEM1C ▪ PEM1Cd ▪ PEM1Cx

FRESHWATER FORESTED/SHRUB WETLAND ▪ PFOA ▪ PSSA

FRESHWATER POND ▪ PABFx

RIVERINE ▪ R4SBC ▪ R5UBFx