United States Department or the Interior FILE 

0re1!8 M. Worley 

U.S. EPA Region 4 

61 Fonyth Street, SW 

Atlanta, GA 30303 

Dear Mr. Worley: 

FISH AND WILDLIFE SERVICE 

""" .-. 1111 .... " .. _ 

PauMa OIJ. n. JlAIS-ml 

Tel: (8l0) 769-0ll2 

raJ(: (8l0) 763-2177 

August 12, 2010 

Re: Section 7 ESA - Intcraaency Cooperation; 

oes Drilling Operations in the 

Centnll and Eastern Gulf of Mexico 

1lw1k you for your letter of May 20, 2010, notifyiDfj the Fish and Wildlife Service (Service) that 

the Environmental Prote<tion Agency (EPA) Region 4 had """,ivcd Ihn:e outer continental shelf 

(oeS) air permit application> for explondory drilling projects in the Gulf of Mexico. We 

understand through this letter and our following discussions that these oes sources will be 

locatcd in the DeSoto Cmyon and Lloyd Ridge lcase blocks, beyond 200 km tiom the seaward 

boundaries of any state. We acknowledge that EPA is the air permitting authority for these 

so"""", under the provi>ions of the oes Air Regulationa (40 C.F.R Part 55) and will likely lake 

fedcnI action to issue air quality penni .. for these facilities. rru. ttS[lODSe is provided in 

accordance with provisions of the Migratory Bini Treaty Act of 1918 (MeTA) (16 U.S.C. 703-

712), and Section 7 of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 el 

seq.). 

Tbc need to advise EPA on wbethcr formal or infonnaJ Endangered Species Act (ESA) 

con:JUItation would be appropriate for this proposed actioo is clear. No new coastal or marine 

species 01' habitats under the jurisdiction of the Service have been listed since the Service 

submitted a letter of concurrence on September 14, 2007 regarding the Mineral MlUl88cment 

Service', (MMS, now the Bureau ofOffshon: Energy Management) Biological Assessment of 

the Five Ye", Outer Continental SbelfOil and Gas Leasing Program (2007-2012). The purpose 

of that concurn:nce letter was to inform the MMS that the proposed actions of the 2007-2012 

Leasing Program were no< likely to advencly affect thn:atencd or endangered species or 

designated critical habitat under the jurisdiction of the Service. This holds true for the previously 

issued Biological Opinion for lease Sale 224 as it n:mains cunent in terms of species and habitat 

under Service jurisdiction. The Service does offer that we published a rule in the Federal 

Register on Februa<y 10,2009 (74 FR 67(0) separating the flatwoods salamander into two 

species: the frosted flatwoods salamander (Amhysloma cinguJaIWII) and reticulated flatwoods 

salamander (Amhysloma bishopl)' Critical habitat was designated at the some time. This sr-ies 
Mr Gregg M. Worley 2 

OCCur! in mesic and wet flatwoods. dome swamp, basin swamp habitat. which is unlikely to be 

affected by the propos«! work. 

The Service CODCut9 that the permitting of air emissions at: a distance of greater than 200 km 

from State waters is not likely to adversely affect (NLAA) speeies prote<ted by the ESA lDlder 

the jurisdiction of the Service. The Service does not have new data that indicaJ:e an elevation of 

risk to migratory bird species that may have a transient association with the air emissions that 

EPA intends 10 permit in the OCS. nu. fulfill. the consu1ta1ion requirements WIder the ESA at 

this time. However, if additional information becomes available that relates to this consultation 

(new species. habitats, or air emission toxicological or fate data), rcinitiation of consultation 

could be necessary 10 ...... bow this information may influence the NLAA determination. 

We appreciate the opportunity to provide comments. Please contact Dr. Jon M. Hemming of this 

office (ext. 2238) if you have any questions or comments. 

Sincerely, 

~LJ£) 

Dr. Donald W. bnm 

Assistant Field Supervisor