ML032690979

Species List for Proposed Diablo Canyon Independent Canyon Independent Spent Fuel Storage Installation Project

ML032690979
Person / Time
Site:	Diablo Canyon
Issue date:	09/10/2003
From:	Martin C US Dept of Interior, Fish & Wildlife Service
To:	Hall J NRC/NMSS/SFPO
References
+sispmjr200505, -RFPFR, PAS 749.807.1104
Download: ML032690979 (3)

Text

72-2-C X2)3 2q United States Department of the Interior FISH AND WILDLIFE SERVICE Ventura Fish and Wildlife Office 2493 Portola Road, Suite B Ventura, California 93003 In Reply Refer To: PAS 749.807.1104 September 10, 2003 James R. Hall, Senior Project Manager Spent Fuel Office, MSO-13D13 Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

Subject:

Species list for the proposed Diablo Canyon independent spent fuel storage installation project (Docket Nos: 72-26, 50-275, 50-323)

Dear Mr. Hall:

This letter responds.to your request dated.August i4,

,,03, andre ve in our office on August 19,2003, for information on listed threatened or endangered species which may be present in vicinity of the proposed Diablo Canyon independent spent fuel storage installation project. The U.S. Nuclear Regulatory Commission (NRC) is currently reviewing a licence application from Pacific -Gas and Elect*ic Company to constrictlnd operate a spent fuel stor agefacility on.site at the Diablo Canyon Power Plant in San Luis Obispo County California. As part of the environmental reyiew, the NRPCis-onsidevng 4,he.potential-impact of the proposed action on federally listed pecies, in.acord -

wyth the

,n~dangered.Species AMtof l973, as amended (Act).-

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The enclosed list of species fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Ac t. TUhoeNRC, as the Federal licencing agency for the project, has the responsibility to review the proposed activities and determine whether any listed species may be affected. If the project is a construction project 1 which may require an environmental impact statement, the NRC has.thexresponsibility to require a biological assessment to make a determination of the effectsof the action on the listed species or critical habitat. If the NRC determines that a, listed species or critical habitat is likely to be adversely affected, it should, request, in writing through ouir office, formal consultation pursuant to section

'"Construction project" means any major Federal action.which-significantly affects the quality of the human environment designed primarily to result m the building of structures such as dams, buildings, roads, pipelines, and channels. This includes Federal actions such as permits, grants, licenses, or other forms of Federal authorizations or approval which may result in construction.

• ~~~~~~S-01ht;

James R. Hall 2

7 of the Act. Informal consultation may be used to exchange information and resolve conflicts with respect to threatened or endangered species or their critical habitat prior to a written request for formal consultation. During this review process, the NRC may engage in planning efforts but may not make any irreversible commitment of resources. Such a commitment could constitute a violation of section 7(d) of the Act.

Federal agencies are required to confer with the Service, pursuant to section 7(a)(4) of the Act, when an agency action is likely to jeopardize the continued existence of any proposed species or result in the destruction or adverse modification of proposed critical habitat (50 CFR 402.10(a)).

A request for formal conference must be in writing and should include the same information that

-w-oWild be provided for a request for formal consultation. Conferences can also include discussions between the Service and the Federal agency to identify and resolve potential conflicts between an action and proposed species or proposed critical habitat early in the decision-making process. The Service recommends ways to minimize or avoid adverse effects of the action.

These recommendations are advisory because the jeopardy prohibition of section 7(a)(2) of the Act does not apply until the species is listed or the proposed critical habitat is designated. The conference process fulfills the need to inform Federal agencies of possible steps that an agency might take at an early stage to adjust its actions to avoid jeopardizing a proposed species.

When a proposed species or proposed critical habitat may be affected by an action, the lead Federal agency may elect to enter into formal conference with the Service even if the action is not likely to jeopardize or result in the destruction or adverse modification of proposed critical habitat. If the proposed species is listed or the proposed critical habitat is designated after completion of the conference, the Federal agency may ask the Service, in writing, to confirm the conference as a formal consultation. If the Service reviews the proposed action and finds that no significant changes in the action as planned or in the information used during the conference have occurred, the Service will confirm the conference as a formal consultation on the project and no further section 7 consultation will be necessary. Use of the formal conference process in this manner can prevent delays in the event the proposed species is listed or the proposed critical habitat is designated dig proj ect development or implementation.

If you have any questions, please contact Chris Kofron of my staff at (805) 644-1766.

Sincerely, 4:26 #Catrina Martin Deputy Field Supervisor Enclosure

Err ENDANGERED, THREATENED, PROPOSED, AND CANDIDATE SPECIES THAT MAY OCCUR IN THE VICINITY OF THE PROPOSED DIABLO CANYON INDEPENDENT SPENT FUEL STORAGE INSTALLATION PROJECT, SAN LUIS OBISPO COUNTY, CALIFORNIA Amphibians California red-legged frog California tiger salamander Fish Tidewater goby Steelhead trout*

Invertebrates Morro shoulderband snail

(=banded dune snail)

Vernal pool fairy shrimp Plants Morro manzanita Indian Knob mountainbalm Rana aurora draytonji Ambystoma californiense T

PT Eucyclogobius newberryl Oncorhynchus-mykiss E

• T. CH Helminthoglypta walkeriana E,CH Branchinecta lynchi T, CH Arctostaphylos morroensis Eriodictyon altissimum T

E Key:

E-T-

CH -

PT -

Endangered Threatened Critical Habitat Taxa proposed for listing as threatened The National Marine Fisheries Service is the responsible agency for the steelhead.