ML20038C702

Forwards Table Re Environ Rept List of Endangered Species in Project Area & List of Guidelines for Federal Agencies Outlining General Responsibilities Under Endangered Species Act,Per NRC 811022 Request.W/O Table

ML20038C702
Person / Time
Site:	Midland
Issue date:	12/08/1981
From:	Popowski J INTERIOR, DEPT. OF, FISH & WILDLIFE SERVICE
To:	Adensam E Office of Nuclear Reactor Regulation
References
NUDOCS 8112140057
Download: ML20038C702 (4)

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United Stotcs Departmant of tha Intcri:r g ctSil AND WILDLIFE SERVICE

' )g East Lansing Area Office Manly Miles Building, Room 202 1405 South Harrison Road East Lansing, Michigan 48823 December 8,1981 /

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Elinor G. Adensam, Chief O Licensing Branch No. 4 N!q Division of Licensing U.S. Nuclear Regulatory Commission

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Washington, D.C. 20555 D P7 s7

Dear Ms. Adensam:

This letter responds to your October 22, 1981, request for endangered species information on the Midland Nuclear Power Plant Site and associated transmission corridors in Midland County, Michigan.

Table 2.2 - la of the environmental report contains a list of threatened and endangered species in the project area. The peregrine falcon (Falco peregrinus) is categorized as an endangered migrant in the area. Our current records are more specific; listing the American peregrine falcon (Falco peregrinus anatum) and the arctic peregruine falcon (Falco peregrinus tundrius). The table should be changed to coincide with our existing lists.

Table 2.2 - la lists species but does not differentiate between the State and Federal programs. The superscript "c" is used to indicate both State and Federal species. This results in confusion in other parts of the document (i.e. Terrestrial Ecological Survey, Section 4) where discussion of impacts on species can not be separated. I suggest that Federally listed species be designated with a different superscript.

Finally, there is no summation contained in the document which determines whether the proposed project will impact any Federally listed species. I have attached a list of guidelines for all Federal agencies outlining general responsibilities concerning the Endangered Species Act. In this specific case, the document contains good data on transmission line spacing and the creation of the cooling pond which both impact listed species. A conclusion must be made by your agency and included in the document whether any impacts may occur.

The procedure obtaining species lists from the Fish and Wildlife Service for your use has been changed. You may contact our Area Office in East Lansing, MI or the appropriate field station in East Lansing at (517)337-6629. Please do not direct your requests to the Regional Office in Minnesota, as it will result in a delay in the receipt of your information.

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This letter provides comment only on the endangered species aspect of the project.

Comments on other aspects of the project under the authority of and in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) may be sent under separate cover.

Your interest in the protection of endangered species is appreciated.

Sine rely urs, Area M ager i

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- geptemGer UWWD FEDERAL ACONCIES' MAJOR RESPONSIBILITIES UNDER .

. THE ENDANGERED SPECIES ACT OF 1973, AS AMENDED ,

1. All Federal agencies shall, in consultation with and with the assistance of the Secretary, utilize their authorities in furCierance of the purposes of this Act by carrying out programs for the conservation of endangered or threatened species..

2. In accordance with Section 7(c) of the Endangered Species Act of 1973, as amended, the Federal agency responsible for actions authorized, funded, or carried out in furtherance of a construction project that significantly affects the quality of the human environment, is required to conduct a biological

. assessment. The purpose of the assessment is to identify listed or proposed species likely to be adversely affected by their action and to assist the Federal agency in making a decision as to whether they should initiate consul-tation. .

3. The biological assessment is to be completed within 180 days of initiation and before contracts are entered into or construction begun.

4. When conducting a biological assessment, the following steps should be taken; a.

Conduct an on-site inspection of the area affect ed by the proposed activity or program, which may include a detailed survey of the area to determine if species are present and whether suitable habitat exists for either expanding the existing population or potential reintroduction of populations.

b. Interview recognized experts on the species at issue, including those within the Fish and , Wildlife Service, State conservation depart-mento, universities and others who may have data not yet found in scientific literature.

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Review literature and other scientific data to determine the species' distribution, habitat needs and other biological require-ments.

d. Review and analyze the ef fects of the proposal on the species, in i

terms of individuals and populations, including consideration of the cu=ulative effects of the proposal on the species and its habitat.

c. Analyze alternative actions that may provide conservation measures.

f ' Sections 7(a) and (b) require agencies to consult with the Fish and Wildlife Service when the Federal agency determines their action "may affect" listed species or Critical Babitat. Formal consultation may be initiated by submit-ting a written request to the Regional Director, Fish and Wildlife Service, Federal Building, Fort Snelling, Twin Cities, Minnesota 55111. At this time, l the aEency should provide a copy of the biological assesscent and other l rel e va nt inforcation that assisted them in reaching their " cay af fect" decision.

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2 6.' Ecetien 7(d) cf th2 1978 Amendment to th2 End3ng:r:d Sp;cics Act und;rccSrc]

the requirement that the Federal agency and the permit or license applicant shall not make any irreversible or irretrievable commitment of resources during the consultation period which in ef fect would deny the formulation or implementation of reasonable alternatives regarding their actions on any Endangered or Threatened species. '

7. Definitions

a. Technical Assistance - information provided to State or private interest groups concerning Federally listed threatened or endangered species.

• b. Informal Consultation - information provided to Federal agencies concern-ing Federally listed spec,ies tha.t may occur in a project area.

c. , Formal Consultation - A ' request by the Federal agency whose proposed project has been identified in the Biological Assessment, to impact listed species. The formal consultation process will ultimately result in the issuance of a Biological Opinion by the FWS to the Federal agency.

d. Conservation - bringing a listed species to the point at which it may be removed from the List of Endangered or Threatened Wildlife and Plants.

c. Reasonable Alternatives - courses of action open to the Federal agency that are technically capable of being implemented and consistent with the intended primary purpose of the activity, which would avoid jeopardizing the continued existence of listed species or destruction or adverse modifi-cation of Critical Habitat.

8. Federal agencies are advised to determine if State listed endangered or threatened species reside in the projecc area that may be adversely affected by the Federal Action. The State Department of Conservation should be contacted to make this determination.

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