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I I ! I i I f\ I", I I I I I I I I I I I I I I I I .'" '" :5S '-- y-: ~ 41"1"'~ MEMORANDUM To: ~hr-.l ~E.-MV<;' - ~ '-(:I: - ~w GIIlJen:I_v~ aACI Deug Willi-, ~ {2eVI~uJ From: Uz McCarty I ~ Re: Langdon Bend CollUlltJlts on Draft DPR Fax . 7671 Poat.f\" Fax Note TO::JC>k1\J CoJOtpL C-JI G. . Phont . Date: June 2, 1995 The Corps has requested that we incorporate additional iDformation in the DPR for Langdon Bend eoncerniDg threalened and endangered species. CoDlllleJll9 requests that we consider candidate species IS "sigDificant resources". The Corps requests that we conduct. literature search and evaluate impacts of the proposed altemative on these candidate species. The Corps' consideration of a candidate species as a signif'1CII1t resoun:e is unusual. Neidler the Endangered Species Act nor NEPA require an evaluation of candidate species. If the Corps decides to consider a candidate species a signifiCl$ resource, then an evaluation of impacts is required under NEfA. Should an i..,,- to a signifICant resource be identified, the Corps will not be allowed under law to issue a Finding of No Significant Impact and an ElS will be required for !be project 10 eontinuc. Fifteen candidate species have been identified for Langdon Bend. The additional work requested by the Corps is beyond the negotiated scope of services and will require additional funds. If you recall during our contract negotiations during December 1994, lhc level of effon of !be Biological Assessment was an item of discussion (See memo from lhc Corps dated December 5, 1994). We were requested to cut the ovenJI hours for the Biologist and Ecologist by 15% and ctid so. We ~ specifically told that the level of ,ffon tI1lIl hod been put into the previous Calif6mia Dead ICfNa I wu ~urrj\;iclIl Cur Langdon Bend. This did not include an evaluation of candidate species. We estimate that an additional 80 hours of a Biologist's lime (SO hours x $63.20 .. $S,OS6'()O) will be required to conduct alitcrature review OIl the adctitionlJ IS species and 10 evaluate the impacts of the proposed action. This issue wiD need to be resolved quickly. if we are to meet the JWIe '}t. 1995 deadliDe. ~f.). .