ML19260D094

Responds to NRC 791217 Ltr Requesting Review of Species in Facility Area.Some Endangered & Threatened Species May Be Present,Including American alligator,red-cockaded Woodpecker & Bayou Darter.Requests Survey Before Making Recommendation

ML19260D094
Person / Time
Site:	Grand Gulf
Issue date:	01/31/1980
From:	Rich Smith INTERIOR, DEPT. OF, FISH & WILDLIFE SERVICE
To:	Ballard R Office of Nuclear Reactor Regulation
References
NUDOCS 8002070399
Download: ML19260D094 (8)

Text

.

-', 7...;,s- ;, ] .. . 7 7. .

-j-.-

~3~-.: '

D =T :E-- 'E t,

,y ,,

Mr. Rona ld L. Ba lla rd , Chi ef Division of Site Safety and Environmental Analysis U.S. Nuclea r Regulatory Commi ssion Washington, D. C. 20555

Dear Mr. Balla rd:

We have reviewed the Grand Gulf Nuclear Station Project (Log nunber 4 80-I-54) including the power plant in Claiborne County, Mississippi, and associated transmission lines in Claiborne, Jefferson, Franklin, and Warren Counties, Mississippi, as requested in your letter of -

December 17, 1979. It appears that some endangered and threatened species or proposed species my be present in the area of influence of these actions.

Tne only species that my occur in the area of the power station, Claiborne County, Mississippi, is the American alligator (Alligator mississippiensis) which is usually found in open bedies of water.

Along the Franklin transmission line alligators my occur in Claiborne and Jefferson Counties with the red-cockaded woodpecker (Picoides borealis found in Franklin County in park-like stands of mture pine timber.

The Port Gibson transmission line passes through the extreme downstream of the bayou darter (Etheostoma rubrum) on Bayou Pierre.

Along the Baxter Wilson /Braswell line which involves Claiborne and Warren Counties, Mississippi, the only species known that my occur are a lliga tors .

In future correspondence please refer to the appropriate log nunter.

Once it is detemined that listed or proposed species may be present, Section 7(c) requires Federal agencies to provide a biological assessment for the species which are likely to be affected. The biological assessment shall be completed within 180 days after the date on which initiated, before any contracts for construction are entered.into and b_efore construction is begun. We do not feel that we can adequately assess the effects of the proposed action on listed species or Critical Habitat without a complete assessment. The following infomation should be included:

1. Results of a comprehensive survey of the area.

2. Results of any studies undertaken to determine the nature and extent of any impacts on identified species. gy

.5 19372SN/

/? 800sen 397

3. Agency's consideration of cumulative effects on the species or i ts Cri ti ca l Habi ta t.

4. Study methods used.

5. Difficulties encountered in obtaining data and completing the proposed study.

6. Conclusions of the agency including recommendations as to further studies.

7. Where an impact is identified to proposed and listed species or Critical Habitat, a discussion of efforts that will be taken to eliminate any adverse effects.

8. Any other relevant infomation.

The Fish and Wildlife Service representative who wi11 provide you with assistance is tir. Ernest Douglas, Endangered Species Specialist, U. S.

Fish and Wildlife Service, 200 East Pascagoula Street, Suite 300, Jackson, Mi ssi ssi ppi 39201, telephone FTS 490-4900, commercial (601) 969-4900.

After your agency has completed and reviewed the assessment, you should send a copy of the assessment with your determination of "no effect" or "may affect" on any of the listed species or Critical Habitat. If the detemination is "may affect", you shall initiate consultation by a written request to the Regional Director, Fish and Wildlife Service, Richard B. Russell Federal Building, 75 Spring Street, 0.W., Suite 1282, Atlanta, Georgia 30303.

Your attention is also directed to Section 7(d) of the 1978 Amendment to the Endangered Species Act, which underscores the requirement tMt the Federal agency and the pemit or license applicant shall not make any irreversible or irretrievable commitment of resources during the con-sultation period which in effect would deny the fomulation or implemen-tation of reasonable alternatives regarding their actions on any endangered or threatened species.

For your information and assistance we have enclosed a copy of the interim definitions and two " step down processes" for general guidance.

Sincerely yours, Regional Director Enclosures 1937 253

Exclanation :# 5:e: Ccwn crecess The 1973 Amendrents t: :ne Endangered Scecies Act have changed :ne consultation crocess under Section 7. The follwing definiticcs and t'ao

" Step Cown ?-: cesses" are for general guidance and are not to be considered final, inasmuch as the Fisa and Wildlife Service and .'!ational "arine Fisr.eries Service are preparing new Interagency Coc;eration ?egulations cr the implementa:icn of the new amend.ments to Section 7.

Interim Cefinitions Activities or :rc -3ms means all actions of any kind authcri ed, 'unced, or carriec cut :y Feceral agencies, in anole Or in part, in the Uni ed States, upcn the high seas or in foreign c:untries, exanales of anicn inciace, but are not limited to: (1) acti:ns intended Oc conserve listed s:ecies or their Critical Fabi:2ts: (2) One cr:mul:2:i:n :#

regulations; (3) One granting Of licenses, contracts, leases, easements, rights-of-aay, : emits, or grants-in-aid ; or (4) actions directly or indirectly causing modifications :: the land, water, or air.

Sic 1ccical assessments. If the Cirector or Regional Cirec or 'ncicates na; any 5:ecies an:ca is listed Or proposed to be listed may be ;resen; ir :ne area af fec:ec by a pr: ject, :ne ;eceral agency shall c:ncuc a cceprenensive survey of the area to icentify any listec species or s:ecies :rocese: :: be listed .<hich ay be affected oy the c:nstruction projec: and snali de:er :ine One nature and ex:en f imaac: tha: :he pro;csed project may have On such I;ecies anc shall :cnduct any studies necessary to maKe such ceter-ination. Siciogical assessments shall include (1) :ne results Of tne comprenensive survey of :ne area; (2) One results of any studies undertaken to deter tine the na:ure and extent of any im; acts on identifiec species; (3) :he agency's c nsiceration of cumulative effects on the species or its Critical Habitat; (1) ne study .methcds used ; (5) difficulties encountered in obteining data and ccmoleting the ;reccsed study; (6) conclusions of the agency including reccceendations as to fur her studies; and (7) any other relevant infoca:icn.

Conservation means bringing a lis:ed species to the point at whicn a species may be removed frca the List of Endangered or Threatened o'ildlife and Plan:s. "e:ncos anc procecures :f c:nservation include, but are not limited to, all activities asscciated with scientific rescur:e management such as researcn, census, iaw enf:rcement, habitat acquisition ard maintenance, prc:aga:icn, live traccing, an: transplan ation; and, in the extraordinary case where pc;ulation pressures within a given ecosystem cannot be otne. sise relieved, may include -egula:ad takf ng of animals.

1 pem s u o %y0'* 1937 25

e' Forseeable actions means all reasonably icentifiable :lanned r potential tutare ac:1cns ay any person wnich have a reasonable likelibccc of occurrence and wnich affect tne same geogracn1C area as :he Federal action which is the subject of the consultation.

Jeocardize the centinued existence of means to engage in an activity or

rogram wnicn reasonaciy woule :e expected direc:ly or indirectly ::

appreciably reduce the likelihood of the cor.servation of listed s:,ecies in the wild by destecying or adversely modifying habitat essential to the ccnservation of a listed species, to reducing the re;: reduction, nuccers, or distribution of a listec species. Tne level of reduction necessary to constitute "jec;ardy" would be ex:ected :0 vary among lis:et species.

Listed Oecies means any species of fish, wildlife, or lant which is c e te r-i n e: in: angered or Threatened under Secticn 4 of tne a c t. Li s ted species are found in 50 CFR 17.11-17.12.

Reasonable and crudent alternatives -efers to al:ernative c:urses of ac:1cn c:en to tne Fece-ai agency wi:5 respect to an activity or rogram tha; are technically ca;;able of being implemented and c0nsistent witn the intenced primary cur:ose of the activity or pecgram, and would avoid jeccardizing One continued existence of listed species or destructicn or acverse mcdification af Critical Habitat.

Service means the United States Fish and Wildlife Service and/or the National ?!arine Fisheries Service, as apprcpriate.

Scecia! anacement considerations 3r cratection means any etnces Or procecures useful :o :ne conserva:1cn ci liste: species.

ns tru entai f ty means any erscn tha: :a ries out actions or performs func: tons for a Federal agency as a result of naving been awarcec a ccntract, permit, lease, or grant.

Irreversible or irretrievable concit ent of resources means any action or ac:1vity carried cut at:2r :ce in1:tation of consuitation ::y an agency relative to the subject of :nis consultation, wnich has the effect of foreciosing the formulation or imolemen:ation of any reasonabla and prudent alter 1ative measures which would avoid jeopardizing the continued existence of any endangered or threatenec species or adversely modi fying or destroying the Critical Habitat of any such species.

Cepencing on tne activity or program and the species involved, the degree of ccmmitment of rescurces that would constitute an irreversible or irretrievable ccmmit ent could vary from the agency's 00tal actions on tne project to a very few segments of the proposed ac; ion. -Al tncugh the degree of commitment that is irreversible or irretrievable is to be determined by the project agency, such agencies should be aware that possible jeccardy to a listed s;:ecies along with reascnacle anc pruden:

alternative ceasures which would avoid jeopardizing the continued existence Of an endangered cr threatenec species wili Only :e presented in the Biological Opinien that concludes a consultation.

na A-n i aQ 1937 255 op~o B , o M

STEP DOWN PROCESS CONSTRUCTION PROJECT

1. Federal Agency requests from Regional Director whether any !?ecies which is listed or proposed to be listed may be present.

2. Regional Director advises which species may be present. Minimum information needed in a Biological Assessment:

A. Results of the comprehensive survey of the area.

B. Results of any studies undertaken to detemine the nature and extent of any impacts on identified species.

C. Agency's consideration of cumulative effects on the species or its Critical Habitat.

D. Study methods used.

E. Difficulties encountered in obtaining data and completing tM proposed study.

F. Conclusions of the agency including recommendations as to further studies.

G. Any other relevant infomation.

3. Federal Agency has 180 days after the date of receipt of Regional Director's letter or mutually negotiated date to complete Biological Assessment.

4 Federal Agency then reviews assessment and detemines if any listed species is affected.

5. Sends a copy of the assessment and their detemination to the Regional Director.

6. If Federal Agency detemines:

A. "No effect" - Consultation is not necessary, unless requested by the Regional Director.

B. "May affect" - Consu.ltation is requested in writing from the Regional Director.

7.

Regional Director acknowledges request and must issue a Biological Opinion within 90 days of "date of receipt" or by a mutually negotiated date.

8. Request is assigned to the appropriate Area Office to accomplish the consultation.

1937 2%

9. Area Office must review'the infomation provided as soon as possible to.detemine if additional infomation will be needed and identify the type of information needed.

10. If additional information is needed, a letter will be sent to the agency requesting the information and requesting an extension of time to complete the consultation.

11. After receipt of infomation a Biological Opinion will be issued stating:

A. Action will contribute to the conservation of the listed species.

B. Action h not likely to jeopardize the continued existence of listed species or destroy or adversely modify Critical Habitat.

(1) May include recommendations which would enhance.

C. Action is,likely to jeopardize the continued existence of listed species and/or destroy or adversely modify Critical Habitat.

(1) Presentation of reasonable and prudent alternatives which will avoid jeopardy to the listed species or destruction or adverse modification of Critical Habitat and which can be taken by the Federal agency, or the pemit or license applicant.

12. Reinitiation of Consultation A. New infomation reveals impacts of action that may affect listed species or their habitats.

8. The Federal action is subsequently modified.

C. A new species is listed that may be affected by the action.

1937 257