08-04-25 - City Council Work Session Agenda

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Project code: 2025-0076181 03/31/2025 15:11:51 UTC We recommend running the project (if it qualifies) through our Minnesota -Wisconsin Federal Endangered Species Determination Key (Minnesota -Wisconsin ("D-key")). A demonstration video showing how-to access and use the determination key is available. Please note that the Minnesota -Wisconsin D-key is the third option of 3 available d-keys. D-keys are tools to help Federal agencies and other project proponents determine if their proposed action has the potential to adversely affect federally listed species and designated critical habitat. The Minnesota -Wisconsin D-key includes a structured set of questions that assists a project proponent in determining whether a proposed project qualifies for a certain predetermined consultation outcome for all federally listed species found in Minnesota and Wisconsin (except for the northern long-eared bat- see below), which includes determinations of "no effect" or "may affect, not likely to adversely affect." In each case, the Service has compiled and analyzed the best available information on the species' biology and the impacts of certain activities to support these determinations. If your completed d-key output letter shows a "No Effect" (NE) determination for all listed species, print your IPaC output letter for your files to document your compliance with the Endangered Species Act. For Federal projects with a "Not Likely to Adversely Affect" (NLAA) determination, our concurrence becomes valid if you do not hear otherwise from us after a 30-day review period, as indicated in your letter. If your d-key output letter indicates additional coordination with the Minnesota -Wisconsin Ecological Services Field Office is necessary (i.e., you get a "May Affect" determination), you will be provided additional guidance on contacting the Service to continue ESA coordination outside of the key; ESA compliance cannot be concluded using the key for "May Affect" determinations unless otherwise indicated in your output letter. Note: Once you obtain your official species list, you are not required to continue in IPaC with d-keys, although in most cases these tools should expedite your review. If you choose to make an effects determination on your own, you may do so. If the project is a Federal Action, you may want to review our section 7 step-by-step instructions before making your determinations. Using the IPaC Official Species List to Make No Effect and May Affect Determinations for Listed Species 1. If IPaC returns a result of "There are no listed species found within the vicinity of the project," then project proponents can conclude the proposed activities will have no effect on any federally listed species under Service jurisdiction. Concurrence from the Service is not required for no effect determinations. No further consultation or coordination is required. Attach this letter to the dated IPaC species list report for your records. 2. If IPaC returns one or more federally listed, proposed, or candidate species as potentially present in the action area of the proposed project — other than bats (see below) — then project proponents must determine if proposed activities will have no effect on or may affect those species. For assistance in determining if suitable habitat for listed, candidate, or proposed species occurs within your project area or if species may be affected by project activities, you can obtain Life History Information for Listed and Candidate Species on our office website. If no impacts will occur to a species on the IPaC species list (e.g., there is no habitat present in the project area), the appropriate determination is no effect. No further consultation or coordination is required. Attach this letter to the dated IPaC species list report for your records. 2of17 Page 110 of 617