ML11263A168

2011/09/01 Indian Point Lr Hearing - Fw_ Indian Point Draft Biological Opinion

ML11263A168
Person / Time
Site:	Indian Point
Issue date:	09/01/2011
From:	Crocker J US Dept of Commerce, National Oceanographic and Atmospheric Administration
To:	Logan D, Stuyvenberg A NRC/NRR/DLR/RERGUB
References
Download: ML11263A168 (5)

Text

1 Stuyvenberg, Andrew From: Julie Crocker [Julie.Crocker@Noaa.Gov]

Sent: Thursday, September 01, 2011 2:38 PM To: Stuyvenberg, Andrew; Logan, Dennis Cc: Chuck Nieder

Subject:

Re: Indian Point draft Biological Opinion Attachments:

DEC Letter re Indian Point BO.pdf; Julie_Crocker.vcfAttached is DEC's letter.

-Julie On 8/31/2011 11:00 AM, Stuyvenberg, Andrew wrote:

> Julie -

>

> While reviewing the draft BO, I noticed a reference in the draft BO's cover letter to a letter that Patricia Kurkul received from the New York State Department of Environmental Conservation (DEC) regarding Indian Point's Clean Water Act Section 401 certification application. I don't believe I've seen DEC's letter before, and I don't believe the draft BO itself included it as a cited reference (my apologies if I missed something). Also, DEC does not appear to have posted this letter on the page (http://www.dec.ny.gov/permits/63150.html) to which it often posts correspondence related to the Indian Point 401 application.

> > Can you please send us a copy of this letter? As you may be aware, Entergy has argued to NRC that New York State's April 2, 2010 "Notice of Denial" is not a final decision, and that New York State has waived 401

certification. New York State has argued to NRC that it formally denied Entergy's 401 application within the one-year time period, and thus no waiver occurred. Both parties acknowledge that the 401 issue is currently subject to adjudication.

> > We'll be in touch if we have any further questions, and please feel free to contact me if there is anything you

need from us.

>

> Best,

> Drew > > -----Original Message-----

> From: Julie.Crocker@Noaa.Gov

[1]

> Sent: Friday, August 26, 2011 3:46 PM

> To: Logan, Dennis; Stuyvenberg, Andrew

> Cc: Mary.A.Colligan@noaa.gov

Julie.Williams@noaa.gov

>

Subject:

Indian Point draft Biological Opinion

>

> Andrew -

>

> You will be receiving an email shortly from our secretary, Katherine St. Cyr with NMFS draft Biological Opinion attached as well as a transmittal letter. The current schedule has comments on the draft biological opinion due back to NMFS in 10 working days (September 6). NMFS has no objections to extending the comment period if NRC and/or Entergy need additional time to review and provide comments back to NMFS.

Please let us know at your earliest convenience if you think you may need additional time. I will be out of the office until September 1 so email will be the best way to get in touch with me.

> > Please let me know if and when the draft is transmitted to Entergy for their review.

>

> We look forward to continuing to work with you throughout the consultation process.

>

2> Julie

1 Stuyvenberg, Andrew Full Name:Julie Crocker Last Name:

Crocker First Name:

Julie Job Title:

Fisheries Biologist Department:

Protected Resources Division Company: NMFS Northeast Regional Office Business Address:

55 Great Republic Drive Gloucester, MA 01930 Business: 978-281-9300 x6530 Other Fax:

978-281-9394 E-mail: julie.crocker@noaa.gov E-mail Display As:

Julie Crocker (julie.crocker@noaa.gov)