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NT OFT United States Department of the Interior gri FISH AND WILDLIFE SERVICE 7ACH 9 Green Bay ES Field Office 2661 Scott Tower Drive New Franken,Wisconsin 54229-9565 Telephone 920/866-1717 FAX 920/866-1710 December 4,2013 Ms. Tracy Drunasky Edge Consulting Engineers,Inc. 624 Water Street Prairie du Sac, Wisconsin 53578 re: 488-foot guyed Magnum FM Tower Town of Rutland Dane County, Wisconsin Dear Ms. Drunasky: The U.S. Fish and Wildlife Service(Service)has received your letter dated November 13,2013 requesting our concurrence on the presence of threatened and endangered species in the vicinity of your project. The project entails the construction of a 488-foot guyed tower located in the Town of Rutland, Dane County,Wisconsin. Our comments follow. Federally-Listed Species,Proposed and Candidate Species, and Critical Habitat Due to the project location,we concur with your determination that no federally-listed,proposed, or candidate species would be expected within the project area. No critical habitat is present. This precludes the need for further action on this project as required by the 1973 Endangered Species Act,as amended. Should additional information on listed or proposed species or their critical habitat become available or if project plans change or if portions of the proposed project were not evaluated, it is recommended that you contact our office for further review. Migratory Birds The Migratory Bird Treaty Act(MBTA)prohibits the taking,killing,possession, transportation, and importation of migratory birds,their eggs, parts, and nests,except when specifically authorized by the Department of the Interior. While the MBTA has no provision for allowing unauthorized take,the Service recognizes that some birds may be taken during activities such as communication tower operations even if all reasonable measures to avoid take are implemented. The Service carries out its mission to protect migratory birds not only through investigation and enforcement, but also through fostering relationships with individuals and industries that proactively seek to eliminate their impacts on migratory birds. Although it is not possible under the MBTA to absolve individuals,companies,or agencies from liability (even if they implement avian mortality avoidance or similar conservation measures),the Service's Office of Law Enforcement focuses on those individuals,companies,or agencies that take migratory birds with disregard for their actions and the law, especially when conservation measures(such as interim