ML20032D921
| ML20032D921 | |
| Person / Time | |
|---|---|
| Site: | Clinch River |
| Issue date: | 11/05/1981 |
| From: | Hickling W INTERIOR, DEPT. OF, FISH & WILDLIFE SERVICE |
| To: | Check P Office of Nuclear Reactor Regulation |
| References | |
| 4-2-82-047, 4-2-82-47, NUDOCS 8111180414 | |
| Download: ML20032D921 (3) | |
Text
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' United States. Department of the Interior i
d* t FISil AND WILDLIFE SERVICE f
PLATEAU BUILDING, ROOM A 5 r/
50 SOUTil FRENCll BROAD AVENUE i
\\SilEVILLE, NORTil CAROLINA 28801 November 5, 1981 d
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, vp Mr. Paul S. Check
't Director fe
.C CRER Program Office i
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L Met y g ",f, Office of Nuclear Reactor Regulation
- d Nuclear Regulatory Commission s
Washington, DC 20555 f
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Re:
4-2-82-047
Dear Mr. Check:
We have reviewed the proposed Clinch River Breeder Reactor Plant in Anderson County, Tennessee, as requested by letter of October 26, 1981, received October 29, 1981.
Federally listed Endangered (E) and/or Thrcatened (T) and/or species proposed for listing as Endangered (PE) or Threatened (PT) may occur in the area of influence of this action.
To facilitate-compliance with Section 7(c) of the Endangered Species Act of 1973, as amended, Federal agencies or-designated non-Federal representatives are required to obtain from the Fish and Wildlife Service information concerning the possible presence of any species, listed or proposed to be listed, which may be present in the impact area of a proposed major Federal action significantly affecting the quality of the human environment.
Therefore, we are furnishing you the following list of species which may be present in the concerned area:
Gray bat (Myotis grisescens)
-E White warty-back pearly mussel (Plethobasis cicatricosus) -E Dromedary pearly mussel (Dromus dromas) - E Yellow-blossom pearly mussel (Epioblasma florentina florentina) -E Fine-rayed pigtoe pearly mussel (Fusconaia cuneolus) -E Shiny pigtoe pearly mussel (Fusconaia edgariana)
-E Pink mucket pearly mussel,(Lampsilis orbiculata orbiculata) -E Orange-footed pearly mussel (Plethobasis cooperianus)
-E Rough pigtoe pearly mussel (Pleurobema plenum)
-E Birdwing pearly mussel (Conradilla caelata)
-E Green-bloseem pearly mussel (Epioblasma torulosa gubernaculum)
-E Alabama lamp pearly mussel (Lampsilis virescens) -E Slender chub (Hybopsis cahni)
-T In addition to listed and proposed Endangered and Threatened species, there are species which, although not now listed or officially proposed for listing'as Endangered or Threatened, are under status review (SR) by the Service and may be listed at some time in the future. Status review species 0'
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e are not legally protected under the Endangered Species Act and the biological assessment requirements do not apply to them.
However, we would appreciate any efforts you might make to avoid adversely impacting them.
The following species under status review may occur within the project area:
Cimicifuga rubifolia Saxifraga careyana Spiny River snail (10 fluvialis)
Section 7(c) and regulations being prepared to implement Section 7 (c) also require the Federal agency or the designated non-Federal respresentative proposing a major Federal action to conduct and submit to the Service a biological assessment to determine the effects of the proposal on listed and proposed Endangered and Threatened species. The biological assessment shall be completed within 180 days after the date on which initiated or within a time frame mutually agreed upon between the agency and the Service and before initiating the proposed action.
If the biological assessment is not begun within 90 days, this list must be verified informally (via phone) with us prior.to initiation of your assessment. We do not feel that we can adequately assess the effects of the proposed' action on listed and proposed Endangered and Threatened species or Critical Habitat without a complete assessment. When conducting a biological assessment, the Federal agency or the designated non-Federal representative must, at a minimum:
1.
Conduct a scientifically sound on-site inspection of t he area affected by the action, which must, unless otherwise directed by the Service, include a detailed survey of the area to determine if listed or proposed species are present or occur seasonally and whether suitable habitat exists within the area for either expanding the existing population or potential reintroduction of populations; 2.
Interview recognized experts on the species at issue, including chose within the Fish and Wildlife Service, the National Marine Fisheries Service, state conservation agencies, universities, and others who may have data not yet found in scientific literature; 3.
Review literature and other scientific data to determine the species' distribution, habitat needs, and other biological requirements; 4.
Review and analyze the effects of the action on the species, in terms of individuals and populations, including consideration of the cumulative effects of the action on the species and habitat; 5.
Arg.yze alternative actions that may provide conservation. measures; 6.
Conduct any studies necessary to fulfill the requirements of (1) through (5) above; 7.
Review any other relevant information.
Should you require additional information on this subject, please contact Mr. Gary Henry, Mr. Robert Currie, or Ms. Nora Murdock in the Asheville Area Office, FTS 672-0321, commercial 704/258-2850, ext. 321.
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After the assessment has been completed and reviewed, it is the responsibility of the Federal agency to determine if the proposed action "may affect" any of the listed species or Critical Habitats or if it is likely to jeopardize the continued existence of proposed species or result in the destruction or adverse modification of any critical Habitat proposed for such species.
If the determination is "may affect" for listed species the Federal agency must request in writing formal consultation from this office. Requests for formal consultation must include:
(1) a description of the action to be considered; (2) a description of the specific area that may be affected by the action; (3) a cescription of any listed species or Critical Habitat that may be affected by the action; (4) a description of the manner in which the action may affect any listed species or Critical Habitat and an assessment of any cumulative effects; (5) reports including any environmental impact statement, environmental assessment, or biological assessments prepared; and (6) any other relevant available information on the action, the affected listed species, or Critical Habitat.
In addition, if the proposed action is likely to jeopardize the continued existence of proposed Endangered or Threatened species or result in the destruction or adverse modification of proposed Critical Habitat, the Federal agency must confer with this office for assistance in identifying and resolving potential conflicts at an early stage in the planning process.
Attenticn is also directed to Section 7(d) of the Endangered Species Act, as amended, which underscores the requirement that the Federal agency and/or the permit or license applicant shall not make any irreversible or irretrievable ccruitment of recources during the consultation period which, in effect, would deny the formulation or implementation of reasonable alternatives regarding their actions on any listed Endangered or Threatened species.
If we can be of further assistance, please advise.
Sincerely yours, lb J]JL
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William C. Hickling ~s, _j/
Area Manager l
cc:
Mr. Bob Hatcher, Wildlife Res. Agency, Nashville, TN Program Adninistrator, TN Heritage Program, Nashville, TN Director, FWS, Washington, DC (OES)
Regional Director, FWS, Atlanta, GA (ARD-FA/SE)
Field Supervisor, ES, FWS, Cookeville, TN
,