A birder's report of Piping Plover present at a pending wetland project site led to further consultation among wildlife agencies and an improved project design.
The project was being developed by the Natural Resource Conservation Service (NRCS) in cooperation with the owner of Duck Lake, near Brownlee, in Cherry County. The project was being managed by the Thedford office of the NRCS.
Two Piping Plover - a federally listed threatened species - were noted May 8, 2006 at the approximately 35 acre Duck Lake during a standard bird survey. There had been several similar surveys in previous years at lakes and wetlands of the ranch.
During the May visit, the level of water in the lakebed had been reduced due to lower the level of the water, to make it easier to treat the lake and kill the carp; an objective of the project. There was an ample expanse of bare sand beach. The plovers were readily seen, and one was acting broody, according to an email the bird watcher sent to the Fish and Wildlife Service.
The landowner was first notified of the birds seen, including the Piping Plover, including a mention of its status as a threatened species. After a bit more discussion, the woman rancher said they were interested in wildlife, but would have to rethink any further visits because of the presence of the belted plovers.
Piping Plover are typically just a rare migrant through the Sand Hills region. The first instance of breeding was in 1902 at Clear Lake on the present Valentine NWR, a relatively short distance north of Duck Lake. In 1994, there was nesting at Bean Lake, west of Crescent Lake NWR in the southwest sandhills. The species nested at Goose Lake, Crescent Lake NWR in 2007. Piping Plover do regularly breed on sandbars of the lower Niobrara River, and beaches of Lake McConaughy on the Platte River to the south.
In a subsequent phone conversation the birder's permission to visit the ranch property and its habitats was revoked.
Interest in the Piping Plover meant an email was sent to the district office of the NRCS, coveying the presence of the birds.
According to environmental laws, private lands projects which use federal money must consider any potential impacts on endangered or threatened species.
Personnel from the NRCS Thedford office visited the lake and confirmed the presence of the plover. An offer by the birder to accompany the federal officials was declined.
Efforts of the birder to get project details - in order to be informed on project measures - from this office of the NRCS were not successful. Privacy concerns was the given reason.
Another email was then sent in mid-May to officials of the Fish and Wildlife Service in Nebraska, notifying them of the presence of the Piping Plover.
A consultation regarding Duck Lake then eventually occurred among state and federal agencies.
The U.S. Fish and Wildlife Service and Nebraska Game and Parks Commission (NGPC) met with NRCS at the proposed Duck Lake Wetland Reserve Program project site to become familiar with the project design and to begin the section 7 consultation process pursuant to the Endangered Species Act of 1973, according to Robert Harms, biologist in the Grand Island ecological services office of the Fish and Wildlife Service.
"Following familiarization with the project, the FWS and NGPC identified potential concerns for the federally endangered Whooping Crane (observed at Duck Lake and surrounding meadows), endangered American burying beetle (observed in the area), threatened Piping Plover (since a pair had been observed), threatened western prairie fringed orchid (observed in the area), and endangered Topeka shiner (present in nearby Brushy Creek)," Harms said. "There were also concerns for impacts to state listed threatened dace species: the north redbelly dace and finescale dace.
"Concerns centered around loss of adjacent wet meadows (used by several of the above species) due to the construction of an extensive dam to support what appeared to be the ability to raise the lake level a substantial amount and modifications to the Pass Creek drainage," Harms explained in an email.
Both agencies then worked with NRCS on modifications to the project, which included at least one meeting and written negotiations to resolve concerns, Harms said.
The result: "The NRCS agreed to reduce the total length of the dam so that over flow from the North Loup River could continue to enter Duck Lake when there is ice jam flooding in the spring--we thought that was important to maintaining meadow hydrology. Another modification was agreed to that addressed the drainage system involving Pass Creek. NRCS agreed to construct the structure so that it could never be completely shut-off thereby dewatering the drainage and having a potential impact to listed fish species. NRCS agreed to do surveys for the Topeka shiner and dace prior to treatment of Duck Lake with rotenone. Surveys were also were required to be done in the time frame of the whooping crane migration to ensure that birds were not present at Duck Lake. Should birds be present, all construction work would cease. By the time the construction would be done, plovers had already migrated south - thus, no survey work was determined to be necessary.
"NRCS agreed to do all of the above items during the course of project construction and the FWS concurred that the proposed project would not have an adverse affect on listed species," Harms wrote.
He visited Duck Lake to make an inspection once the project was complete in the latter part of the summer, accompanied by an NRCS biologist. The project measures had been implemented as the three agencies had agreed upon.
The email sent by the bird watcher is cited as the reason for further consultation on the project.
"The number one catalyst for our section 7 consultation was the email report about plovers at Duck Lake and potential project affects that could occur due to the NRCS-funded WRP project," Harms said. "We would never have known about this issue otherwise."
"An additional side benefit of the Duck Lake project was a re-evaluation by NRCS on the way they involve members of the B teams," Harms added. "B teams consist of a group of NRCS, FWS, and NGPC biologists who visit WRP projects to evaluate and make restoration recommendations. I think there will be much better involvement by NRCS of agency biologists in the future."
To get background information on the Duck Lake Project, the state office of the NRCS was visited on October 12th. The office required that a Freedom of Information Act request be filed. A signed request was provided, asking what the specific project objectives were, how many dollars were provided, and when the project was completed. The agency representative said it had 20 days to provide a response to the inquiry.
The following information provided by the NRCS - in response to a followup email - was received on November 2nd:
"The Duck Lake project was in response to a landowner application request in the Wetlands Reserve Program to enhance the wetland area. The purpose of the project fits within the WRP objectives which are to in increase the quality of the wetlands, water quality and enhance wildlife habitat.
"The project was completed in December 2006.
"The project was completed as designed. During the planning stages there was an 'informal consultation' with the U.S. Fish and Wildlife Service. NRCS included their recommendations in the design and the project is complete.
This was a 10 year agreement restoration cost-share agreement. Its purpose is to re-establish degraded or lost wetland habitat. USDA pays up to 75 percent of the cost of the restoration activity. NRCS obligated $41,942 for this project. This enrollment option does not place an easement on the property. Property rights remain with the landowner."
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