ML17209A671

Advises That NRC Must Provide Biological Assessment for Endangered Species Which Are Likely to Be Affected by Const Projects.Consultation May Be Required If Proposed Actions May Affect Listed Species or Critical Habitat

ML17209A671
Person / Time
Site:	Saint Lucie
Issue date:	02/24/1981
From:	Hankla D INTERIOR, DEPT. OF, FISH & WILDLIFE SERVICE
To:	Youngblood B Office of Nuclear Reactor Regulation
References
NUDOCS 8102270646
Download: ML17209A671 (6)

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United States Department of the Interior 0 FISH AND WILDLIFESERVICE IS NORTH LAURA STREET ss JACKSONVILLE, F'LORIDA 32202 e

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February 24, 1981 lao Qk~ +

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B. J,~ Youngblood, Chief

@censin'g Branch No. 1 Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr Youngblood:

We have reviewed the information in your letter of February 12, 1981 regarding Florida Power and Light Company's St. Lucie Plant Unit No. 2, located on Hutchinson Island, St. Lucie County, Florida. We have assigned Log No. 4-1-81-076 to your project, and we request that you refer to this log number in future correspondence. It appears that some endangered species may occur in this area, and they are listed below:

West Indian manatee Endangered Brown pelican Endangered Bald eagle Endangered Leatherback turtle Endangered Hawksbill turtle Endangered Loggerhead turtle Threatened Green turtle Endangered Kemp's (Atlantic) ridley Endangered American alligator Threatened The Fish and Wildlife Service has jurisdiction over marine turtles only when they are on land. In the marine environment, the National Marine Fisheries Service has jurisdiction, and this agency should be contacted if you believe there may be an impact.

Section 7(c) of the Endangered Species Act of 1973, as amended in 1978, requires Federal agencies to provide a biological assessment for the species which are likely to be affected by construction projects. The biological assessment shall be completed within 180 days after the date on which initiated (or within a mutually agreed time frame), before any contracts for construction are entered into, and before construction is begun. We do not feel that we can adequately assess the effects of the proposed action on listed and proposed species or Critical Habitat (as listed in the Federal Register) without a complete assessment. The following information should be included in the assessment:

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l. Identification of the listed species, species proposed for listing and Critical Habitat determined to be present within the area affected by the proposal.

2. Description of the survey methods used to determine presence of listed species or species proposed for listing within the area.

3. Description of any difficulties encountered in obtaining data and completing proposed studies.

4. Description of the proposed construction project and associated activities.

5. The actual and potential impacts of project or associated activities on listed species, species proposed for listing, or Critical Habitat.

In addition to the direct (site related) impacts of project construction the Biological Assessment should include, when applicable, description of:

A. Impacts associated with project operation.

B. Secondary impacts from activities, such as development, which will be generated by the proposed project.

C. The cumulative effects of the proposal on the species and/or its Critical Habitat. Cumulative effects are defined as the direct and indirect impacts of the Federal action under con-sideration coupled with the identifiable effects of other reasonably foreseeable actions of the Federal agency, other Federal, State and local agencies, corporations and individuals upon a species or its Critical Habitat.

6. Where impacts to listed species, species proposed for listing, or Critical Habitat are identified, the assessment should include a discussion of the efforts that will be taken to eliminate, reduce, or mitigate any adverse effects.

7. Conclusions of the agency including recommendations regarding further studies.

8. Any other relevant information.

Should you require additional information on this subject, please contact Mr. Don Palmer, Jacksonville. Area Office, 15 N. Laura Street, Jacksonville, Florida 32202, telephone FTS 946-2267 or 2850.

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After your agency has completed and reviewed the assessment, it is your responsibility to determine if the proposed action "may affect" any of the listed species or Critical Habitat. If the determination is "may affect," you are required to initiate consultation by a written request to the Area Manager, Fish and Wildlife Service, 15 North Laura Street, Jacksonville, Florida 32202. At that time you should provide a copy of biological assessment and any other relevant information that assisted'he you in reaching your conclusion. If the decision is "no effect" con-sultation is not necessary, however you may forward this determination to our office for our concurrxence. If we do not agree with your deter-mination, consultation will be required.

Your attention is also directed to Section 7(d) of the Endangered Species Act, as amended, which underscores 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 effect would deny the formulation or implementation of reasonable alternatives regarding their actions on any endangered or threatened species.

We appreciate your interest and concern in the preservation of endangered species, and we look forward to minimizing the potential adverse effects of this project through consultation.

Donald J. Hankla Area Manager

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