That looks good to me. Let's go ahead and implement this procedure, and
see how it works. I think it should help expedite routine projects while
allowing us to focus our limited resources on those projects where
significant issues may exist. Thanks for your patience in working with us
on this. Also, this constitutes the completion of our review of the Wilson
Co. project, as this project is not likely to adversely affect any listed
species or designated critical habitat. Thanks, and let me know if you
have any questions.
Pete Benjamin
Field Supervisor
Raleigh Field Office
U.S. Fish and Wildlife Service
(919) 856-4520 x 11
Vincent Tomaino
<vincent.tomaino@
ncmail.net> To
[email protected]
11/14/2007 04:05 cc
PM Sheryl Parsons
<[email protected]>,
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected]
Subject
USF&WS blanket comments for Eastern
NC2
Mr. Benjamin,
Thank you for discussing this issue today with Jim McRight and me.� We have
made the minor changes you requested:� The third bullet point now now
clarifies that the Applicant will document its determinations and explain
how it made its determinations in the comment request letter.� The example
letter includes such an explanation.
As we discussed, PWS has used 'blanket comments' to handle similar
situations with US Army Corp of Engineers and the Federal Emergency
Management Agency.� You can find the USACE and FEMA blanket comments at:
http://www.deh.enr.state.nc.us/pws/srf/Factsheets/Factsheet_EA_procedures_for_Applicants_v2.0.doc
or
http://www.deh.enr.state.nc.us/pws/srf/Factsheets/Factsheet_Federal_CE_v2_5.doc
You outlined a simple set of procedures to serve as 'blanket comments' by
USF&WS for 'categorical exclusions,' Environmental Assessments &
Environmental Impact Statements (CEs, EAs & EISs):
The Applicant will view the USF&WS� website (
http://www.fws.gov/nc-es/es/countyfr.html) and review the list of
Endangered Species, Threatened Species, Federal Species of Concern,
and Candidate Species in the project area (generally, the county).
The Applicant will review the habitat of each Endangered Species,
Threatened Species, Federal Species of Concern, and Candidate Species
to determine if the habitat would be affected by the proposed
project.
The Applicant will will document its determinations in a letter to
you requesting your comment.� The letter will list the species,
habitats and determinations and will briefly explain how the the
Applicant reached its determinations.� The letter will be
substantially similar to the TEMPLATE attached to this email.
If neither PWS nor the applicant receives comment from USF&WS within
30 days after the Applicant sends you the letter to you requesting
your comment, the Applicant's engineer can make a statement (as a
signed and sealed addendum to the Preliminary Engineering Report
{PER}) that the project will not adversely affect Endangered Species
or Threatened Species.� This signed and sealed addendum to the PER
will serve as your comment.
PWS will implement these procedures upon your responding positively to this
email.
+++++++++++++++++++++++++++++++++++++++++++++++++++
TEMPLATE LETTER
DATE APPLICANT NAME AND ADDRESS Mr. Peter Benjamin
Field Supervisor
US Fish and Wildlife Service
P.O. Box 33726
Raleigh, NC 27636-3726 Dear Mr. Benjamin: We have requested categorical exclusion from substantive environmental
review requirements (CE) under 15A NCAC 1C .0504 "minimum criteria" rules,
for the project listed below.� Before granting the request, the NC Public
Water Supply Section, Division of Environmental Health (PWS) requires that
your agency have opportunity to comment on the advisability of issuing a
CE.� Specific project information is laid out below. THE APPLICANT IS TO PLACE DETAILED PROJECT INFORMATION IN THE "XXs"
BELOW. Project Information
Project #:��� DEH-XXXX
Applicant:� THE APPLICANT IS TO PLACE ITS FULL FORMAL NAME HERE
County:� THE APPLICANT IS TO PLACE THE NAME (OR NAMES) OF THE COUNTY (OR
COUNTIES) IN WHICH THE PROJECT WILL BE CONSTRUCTED HERE
Project Description:� THE APPLICANT IS TO PLACE A DETAILED PROJECT
DESCRIPTION HERE
Additional Information (if applicable):� The project is entirely limited to
Wallaby County.� The only species listed on the USF&WS website (
http://www.fws.gov/nc-es/es/countyfr.html) for Wallaby County is the Feral
Wombat, a "Threatened Species."� The project is not expected to adversely
affect the snod-grass-land habitats required by the Feral Wombat.� |------+------+-------+--------------------------------------------------|
| Count| Speci| Listin| Habitat / explanation of expected impact |
| y | es | g | |
|------+------+-------+--------------------------------------------------|
| Walla| Feral| Threat| Snod-Grass Lands:� The only snod-grass-lands in |
| by | Womba| ened | Wallaby County are in a state park three miles |
| Co. | t | | from this waterline project.� Therefore, the |
| | | | project has no expected adverse impact. |
|------+------+-------+--------------------------------------------------|
Applicant Contact Information
THE APPLICANT IS TO PLACE DETAILED CONTACT INFORMATION INCLUDING THE
CONTACT'S NAME, PHONE, FAX AND EMAIL IN THIS SECTION. Project Engineer Contact Information
THE APPLICANT IS TO PLACE DETAILED CONTACT INFORMATION INCLUDING THE
ENGINEER'S NAME, PHONE, FAX AND EMAIL IN THIS SECTION. In developing your comments, please address those federal cross cutting
authorities listed with your agency below: |-------------------------+-----------------------------------------------|
|Agency |Cross Cutting Authority |
|-------------------------+-----------------------------------------------|
|United States Fish & |Endangered Species Act, Pub. L. 93-205, as |
|Wildlife Service |amended |
|-------------------------+-----------------------------------------------|
| |Fish and Wildlife Coordination Act, Pub. L. |
| |85-624, as amended |
|-------------------------+-----------------------------------------------|
| |Wild and Scenic Rivers Act, Pub. L. 90-542, as |
| |amended |
|-------------------------+-----------------------------------------------|
After your review, please provide comments to PWS, preferably by email at
[email protected].� You may also write to Vincent Tomaino at the
addresses below.� If you require additional information, please inquire
directly to the applicant contact, at the address above.� |---------------------------------+---------------------------------------|
|Parcel Mail (e.g., FedEx) Address|Regular Mail Address |
| | |
|---------------------------------+---------------------------------------|
|Public Water Supply/SRF |Public Water Supply/SRF |
|2728 Capital Boulevard |1634 Mail Service Center |
|Raleigh, NC 27604 |Raleigh, NC 27699-1634 |
|---------------------------------+---------------------------------------|
To enable the project to move forward, please issue your comment letter or
email even if you have no comments., no later than (DATE plus 30 days).
You may reply by email.
Sincerely,
����������������������������������������������� APPLICANT
Enclosures:� Color-coded Project Map
cc:���������� Vincent Tomaino, PWS
+++++++++++++++++++++++++++++++++++++++++++++++++++
--
Please call or email me if you have any questions.
--------------------
Vincent Jude Tomaino, P.E., Environmental Engineer II
DENR-DEH-PWS-TSS
1634 Mail Service Center, Raleigh, NC 27699-1634
2728 Capital Boulevard, Raleigh, NC 27604
[email protected] PHONE 919/715-1315 FAX 919/715-4374
Some days are better than others.