§ 155.233  AVIAN AND WILDLIFE IMPACT.
   (A)   The applicant shall have a third party, qualified professional conduct an analysis to identify and assess any potential impacts of wildlife and endangered species. The applicant shall take appropriate measures to minimize, eliminate, or mitigate adverse impacts identified in the analysis. The applicant shall identify and evaluate the significance of any net effects or concerns that will remain after mitigation efforts.
   (B)   Sites requiring special scrutiny include wildlife refuges, other areas where birds are highly concentrated, bat hibernacula, wooded ridge tops that attract wildlife, sites that are frequented by federally and/or state listed endangered species of birds and bats, significant bird migration pathways, and areas that have landscape features known to attract large numbers of raptors.
   (C)   At a minimum, the analysis shall include a thorough review of existing information regarding species and potential habitats in the vicinity of the project area. Where appropriate, surveys for bat, raptors, and general avian use should be conducted. The analysis shall include the potential effects on species listed under the federal Endangered Species Act, being 16 U.S.C. §§ 1531 et seq., and Michigan’s Endangered Species Protection Law, being M.C.L.A. §§ 324.36501 et seq. The analysis shall indicate whether a post construction wildlife mortality study will be conducted and, if not, the reasons why such a study does not need to be conducted.
   (D)   Power lines should be placed underground, when feasible, to prevent avian collisions and electrocutions. All above-ground lines, transformers, or conductors should comply with the Avian Power Line Interaction Committee (APLIC, http://www.apltc.org/) published standards to prevent avian mortality. Applicants must comply with applicable sections of the federal Endangered Species Act and Michigan’s Endangered Species Protection Law. The applicant should be aware that taking of these species is prohibited by state and/or federal law unless the proper permits or exemptions are acquired. Early coordination with state and federal agencies is recommended.
   (E)   The applicant or the applicant’s impact analyst should contact the U.S. Fish and Wildlife’s East Lansing Field Office regarding federally-listed species and the Michigan Department of Natural Resources for state-listed species.
(Ord. passed 5-13-2009)