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Remember that although these actions are not required by state or federal endangered species laws, they may be required by other laws,permits, granting programs, or policies of this or another agency. Examples include the federal Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, State Natural Areas law, DNR Chapter 30 Wetland and Waterway permits, DNR Stormwater permits, and Forest Certification. At this time and per the project information provided, no action will need to be taken to avoid take of the following species: • The Blanding's Turtle has been recorded within the vicinity of the project area. However, because the project site is further than 900ft from a suitable wetland or waterway, we do not anticipate any impacts to this species. • The Black-crowned Night-heron,wet prairie natural community and Earleaf Foxglove have been recorded within the vicinity of the project area. However, it does not appear that the project will impact suitable habitat, as described in Section B above, as the site is an untilled,fallow field, and we do not anticipate there will be any impacts to these species or natural community. Section D. Next Steps 1)Evaluate whether the 'Brief description of the proposed project' is still accurate. All recommendations in this ER Review are based on the information supplied in the ER Review Request. If the proposed project has changed, please contact the ER Review Program to determine if the information in this ER Review is still valid. 2) Determine whether the project can incorporate and implement the 'Follow-up actions' identified above: 'Actions that need to be taken to comply with state and/or federal endangered species laws'represent the Department's best available guidance for complying with state and federal endangered species laws based on the project information that you provided and the endangered resources information and data available to us. If the proposed project has not changed from the description that you provided us and you are able to implement all of the'Actions that need to be taken to comply with state and/or federal endangered species laws', your project should comply with state and federal endangered species laws. Please remember that if a violation occurs, the person responsible for the taking is the liable party. Generally this is the landowner or project proponent. For questions or concerns about individual responsibilities related to Wisconsin's Endangered Species Law, please contact the ER Review Program. If the project is unable to incorporate and implement one or more of the 'Actions that need to be taken to comply with state and/or federal endangered species laws'identified above, the project may potentially violate one or more of these laws. Please contact the ER Review Program immediately to assist in identifying potential options that may allow the project to proceed in compliance with state and federal endangered species laws. 'Actions recommended to help conserve Wisconsin's rare species and high-quality natural communities'may be required by another law, a policy of this or another Department, agency or program; or as part of another permitting, approval or granting process. Please make sure to carefully read all permits and approvals for the project to determine whether these or other measures may be required. Even if these actions are not required by another program or entity for the proposed project to proceed,the Department strongly encourages the implementation of these conservation measures on a voluntary basis to help prevent future listings and protect Wisconsin's biodiversity for future generations. ER Review Log# 13-881 Page 4