ML19257A883

Responds to NRC 791217 Request for Info Re Endangered, Threatened or proposed-to-be-listed Species Present in Area Around Facilities.List of Species Will Be Forwarded Upon Completion

ML19257A883
Person / Time
Site:	Grand Gulf
Issue date:	01/03/1980
From:	Vaughn R INTERIOR, DEPT. OF, FISH & WILDLIFE SERVICE
To:	Ballard R Office of Nuclear Reactor Regulation
References
NUDOCS 8001090343
Download: ML19257A883 (2)

Text

-

25 %

- #9P"1 United States Department of the. Interior

,,, ' E FISH AND WILDLIFE SERVICE y

75 SPRtNG S' A E ET. S.W.

d ATLANTA. GEORGI A 30303 JAN 319@

Mr. Ronald L. Ballarti, Q11ef Envirornnental Projects Branch 1 Division of Site Safety and Environmental Analysis U. S. Nuclear Regulatory Otzrmission Washington, D. C.

20555

Dear Mr. Ballarti:

This acknowledges your letter of Decmber 17, 1979, (received Dec mber 31, 1979) requesting infomation on whether any endangeral, threatened, or proposed to be listed species may be present in the area of the Grand Gulf Nuclear Station, Units 1 & 2 and associated transnission lines which is located in Claiborne County, Mississippi. We have assigned log number 4-3-80-I-54 to this project, and w request that you refer to this number in all future correspondence.

We have forwarded the infonnation that you provided to our Jackson Area Office for their review. Upon empletion of their review, w will provide you with a list of species that may be present in the area of the proposed action and the infonnation needed in the biological assessnent, if it is required.

We would like to point out that you have misinterpreted the Amended Endangered Species Act. Based on your interpretation of the Section 7(c) you stated that the initiation of consultation is not required. This is incorrect because Section 7(c) only applies to the requirment of a biological assessnent for " construction projects" that began after Novmber 10, 1978. Each Federal Agency is still required to consult with the Fish and Wildlife Service on those projects that "nny affect" an endangered or threatened species (Section 7(a)) applies regardless whether or not Section 7(c) does. You are correct with your interpretation of Section 7(c) as it applies to the construction of the nuclear station (units 1 and 2) in that a biological assessnent is not required since construction began before Novmber 10, 1978. Also, if the construction of the associated transnission lines or contracts for their construction began before the Novmber date, then a biological assessnent is not required; however, if the construction or contracts began after Novmber 10, 1978, then a biological assessnent is required.

Coc3 1707 213 f4 8001090

'S q 3

We appreciate your interest and concern in the preservation of listed species. For your information we have enclosed a flow chart, interim definitions, and two step down processes (construction and non-construction projects).

Sincerely yours, 1

J sey Deputy Pegional Director Attachnents 1707 214