MEMO TO FILE

DATE: July12, 2012

SUBJECT: Federal Implementation Plan under the Clean Air Act for Oil and Gas Production

Facilities on the Fort Berthold Indian Reservation; Endangered Species Act

FROM: Victoria Parker-Christensen, EPA Region 8 Air Program

TO: Docket

Pursuant to Section 7(a)(2) of the Endangered Species Act (ESA), 16 U.S.C. §1536(a)(2), and its

implementing regulations at 50 CFR, Part 402, EPA is required to ensure that any action authorized,

funded, or carried out by the Agency is not likely to jeopardize the continued existence of any Federallylisted endangered or threatened species or result in the destruction or adverse modification of such

species’ designated critical habitat. If a Federal agency determines that its action “may affect” listed

species or designated critical habitat, it must consult with the U.S. Fish and Wildlife Service (FWS). 50

CFR § 402.14. If an action has no effect on listed species or designated critical habitat, then consultation

is not required and there are no further obligations under Section 7(a)(2). Id.; 51 Fed. Reg. 19926, 19949

(June 3, 1986).

The EPA proposes to promulgate a Reservation-specific federal implementation plan (FIP) under the

Clean Air Act (CAA) to establish enforceable control requirements for reducing volatile organic

compound (VOC) emissions from oil and gas production activities within the external boundaries of the

Fort Berthold Indian Reservation (FBIR) in North Dakota. Specifically, the EPA proposes requiring

owners and operators of oil and gas production facilities to reduce emissions of VOCs emanating from

well completions, and production and storage operations as is already required by the North Dakota

Department of Health for production facilities located outside the FBIR

1

. EPA is issuing this action as

an interim final rule. As an interim final rule, this action is time-limited. It will be effective from the date

of signature until the date that EPA promulgates a final rule based on its proposal and that final rule

takes effect. EPA is proposing the Reservation-specific FIP concurrently with this interim final rule.

EPA views the action area for the FIP as the FBIR. Pursuant to Section 7(a)(2) of the ESA, the EPA

examined the potential effects on listed species and designated critical habitat of implementing the FIP

in Dunn, McLean, McKenzie, Mercer, Mountrail and Ward Counties on the FBIR.

Region 8 Determination

The EPA has concluded that the FIP will have no effect on certain listed species and “may affect, but is

not likely to adversely affect” certain other listed species and designated critical habitat. Because the

EPA has determined that the federal action may have an effect on certain listed species or designated

critical habitat, the EPA initiated informal consultation with the FWS. See 50 CFR § 402.13. The EPA

sent a letter to the FWS on July 12, 2012, requesting FWS’ written concurrence with our relevant

findings.

1 North Dakota Century Code (Chapter 23-25 Air Pollution Control); Air Pollution Control Rules (Article 33-15) at

http://www.legis.nd.gov/information/acdata/html/33-15.html
The EPA recognizes that listed species and designated critical habitat are present within the external

boundaries of FBIR. Therefore, the EPA expects that if, in the future, an oil and gas production facility

covered by the requirements of EPA’s FIP also requires a permit under the CAA, additional procedures

to comply with Section 7(a)(2) of the ESA would be initiated in connection with EPA’s permitting

action. At such time a determination, with any appropriate consultation, would be made on the basis of a

record describing the project, site, method of construction, air emission control equipment and other

relevant information.

Bureau of Indian Affairs and the Bureau of Land Management Memorandum of Understanding

As a related matter, we note that the Bureau of Indian Affairs (BIA) and the Bureau of Land

Management (BLM) also have roles regarding management of oil and gas activities on the FBIR. BIA

and BLM have implemented a Memorandum of Understanding (MOU, BLM-MOU-MT920-0121)

describing each Agency’s responsibilities for the prelease and postlease phase of oil and gas

development, including compliance with requirements under the National Environmental Policy Act of

1969 (NEPA). The ESA analysis and associated documentation prepared by those agencies are included

in their NEPA process. Importantly, we understand that the BIA and BLM coordinated efforts address

NEPA and ESA requirements prior to any surface disturbance or subsurface drilling by oil and gas

facilities. We further understand that on-site natural resource surveys are conducted at proposed sites

and recommendations and adjustments are made at that time to mitigate any potential impacts. This

process occurs independently of the EPA’s actions.

Effect on Permitting of Facilities

The proposed rule is not a permitting program and therefore does not impose nor exempt the facilities

from any CAA permitting requirements, including the Prevention of Significant Deterioration permitting

requirements at 40 C.F.R. § 52.21 or Federal Minor New Source Review permitting requirements at 40

C.F.R. § 49.151. The purpose of this rule is to provide Federal enforceability for the use of VOC

emission controls that are already being used as an industry standard. Provided that the facilities are in

compliance with the new rule, it will allow the facilities to take credit for the VOC emission reductions

the controls provide when calculating their potential to emit for determining applicability to the

permitting requirements.

Threatened and Endangered Species

The EPA accessed FWS websites for information on threatened and endangered species and designated

critical habitat for those species. FWS maintains a website titled Environmental Conservation Online

System (ECOS, http://ecos.fws.gov/ecos/indexPublic.do) that provides access to databases for:

1. Threatened and endangered species that may be present within the proposed project area and

2. Designated critical habitat for threatened and endangered species.

The EPA accessed the FWS Information, Planning, and Conservation System (IPaC) database

(http://ecos.fws.gov/ipac) to identify species listed as threatened and endangered that have been

documented as being present in Dunn, McLean, McKenzie, Mercer, Mountrail and Ward Counties

within the external boundaries of FBIR. The EPA received an official species list from the FWS North

Dakota Ecological Services Field Office on June 7, 2012 for each affected county, list attached.
Additional information for FWS designated critical habitat for the piping plover on the Missouri River

system including Lake Sakakawea was available on-line (http://criticalhabitat.fws.gov/crithab/). A map

of the designated critical habitat area for the Piping plover is attached.

The following threatened, endangered or candidate species may be found in the FBIR:

Common Name

(Scientific Name)

Federal

Status

2

Counties Where

Species Could

Occur

3 Habitat/Critical Habitat

Mammals

Black-footed Ferret

(Mustela nigripes) XN

Dunn, Mercer,

McKenzie

Open grasslands, steppe, and shrub

steppe habitat, same habitat used by

prairie dogs, about 40-60 hectares of

prairie dog colony per ferret.

Gray Wolf

(Canis lupus) E

Dunn, Mercer,

McLean, McKenzie,

Mountrail, Ward

Habitat generalists living thorough out

the northern hemisphere

Birds

Least Tern

(Sterna antillarum) E

Dunn, Mercer,

McLean, McKenzie,

Mountrail

Bare or sparsely vegetated sand or dried

mudflats along coasts or rivers, sandy or

shell islands and gravel and sand pits

Piping Plover

(Charadrius melodus) T

Dunn, Mercer,

McLean, McKenzie,

Mountrail, Ward

Washed-out hillside beaches on smaller

semipermanent alkali wetlands.

Critical habitat on Missouri River along

Lake Sakakawea

Whooping Crane

(Grus Americana) E

Dunn, Mercer,

McLean, McKenzie,

Mountrail, Ward Poorly drained, shallow-water wetlands

Fish

Pallid Sturgeon

(Scaphirhynchus albus) E

Dunn, Mercer,

McLean, McKenzie,

Mountrail

Main channel areas with islands or sand

bars in the upper Missouri River

Gray Wolf

Listing Status: Endangered

Effects Determination: No Effect

Gray wolves were declared endangered in 1978 (43 Federal Register 9612; March 9, 1978.) They

occupy a wide range of habitats including temperate forests, mountains, tundra, taiga and

grasslands. Ungulates (wild and domestic) are the typical prey of wolves, but wolves also readily

2 Federal listings: E = listed as endangered; PT = proposed for listing as threatened; T = listed as threatened; XN =

experimental population, nonessential.

3 Counties within the external boundaries of Fort Berthold Indian Reservation and within species range where oil and gas

production facilities could occur.
scavenge. Beaver are among the smallest important prey but wolves can utilize smaller

mammals, birds, and fish. Gray wolves have been documented in North Dakota at the rate of

about one to two verified reports per year. Individuals are mostly dispersing males from Canada,

Montana, or Minnesota. Breeding wolves are not known to occur in or near the FBIR and there is

no recent evidence of wolf pairs or packs in the region. Because of the highly mobile nature of

this species, it is possible that wolves would periodically travel through the FBIR.

Implementation of the FIP would have no effect on the gray wolf given the low likelihood for

gray wolves to occur within the FBIR.

Black-footed Ferret

Listing Status: Endangered

Effects Determination: No Effect

Black-footed ferrets are members of the weasel family found in or near prairie dog towns in the

Great Plains. Once common, they were declared endangered in 1970 (35 Federal Register 8495;

June 2, 1970.) The decline of the black-footed ferret corresponds with the eradication of the

prairie dog. The revised “Black-Footed, Ferret Survey Guidelines for Compliance with the

Endangered Species Act” (April 1989) is currently used by FWS, Ecological Service offices to

evaluate surveys conducted for the presence or absence of black-footed ferrets on areas with

proposed Federal actions. These guidelines establish minimum areas of prairie dog habitat (80

acres of black-tailed prairie dog towns and 200 acres of white-tailed prairie dog towns) that the

Service believes are needed to support a black-footed ferret. Preactivity ferret surveys will not be

required to satisfy the regulations (50 CFR 402) governing interagency cooperation under the

Endangered Species Act (Act) if the projects are proposed in areas with less than 80 acres of

black-tailed prairie dogs and less than 200 acres of white-tailed prairie dogs. Agricultural land

use and oil and gas development in Fort Berthold Indian Reservation has diminished prairie dog

colonies to below the minimum size required to support black-footed ferret colonies. Therefore,

implementation of the FIP would have no effect on the black-footed ferret because the area no

longer supports their colonies.

Least Tern

Listing Status: Endangered

Effects Determination: May Affect, is Not Likely to Adversely Affect

The interior least tern is migratory and its breeding range extends from Texas to Montana and

from eastern Colorado and New Mexico to northern Indiana. They were declared endangered in

1985 (50 Federal Register 21792; May 28, 1985.) Of the approximately 2,500 pairs of interior

least terns, about 100 pairs are known to occur in North Dakota. Interior least terns nest in

riparian areas with sparsely vegetated sand and gravel bars within a wide, unobstructed river

channel or salt flats along lake shorelines, at higher elevations away from the water’s edge. The

primary food is small fishes, but it also eats shrimp and occasionally other invertebrates. The

least tern is known to use the Missouri River corridor for nesting and as a migratory corridor.

Implementation of the FIP may affect, but is not likely to adversely affect the least tern because

the FIP does not impose or exempt the facilities from any CAA permitting requirements. The FIP
provides Federal enforceability for the use of VOC emission controls that are already being used

as an industry standard.

Pallid Sturgeon

Listing Status: Endangered

Effects Determination: May Affect, is Not Likely to Adversely Affect

The pallid sturgeon is a large fish known to occur only in the Missouri River, the Mississippi

River downstream from the Missouri River, and the lower Yellowstone River. They were

declared endangered in 1990 (55 Federal Register 36641; September 6, 1990.) In April of 2001,

11 pallid sturgeons were caught in the upper Missouri River and lower Yellowstone River but

not in Lake Sakakawea. No reproduction has been documented in North Dakota in more than a

decade. Implementation of the FIP may affect but is not likely to adversely affect the pallid

sturgeon because the pallid sturgeon has not been caught in the lake in more than a decade.

Piping Plover

Listing Status: Endangered

Effects Determination: May Affect, Not Likely to Adversely Affect

The piping plover was declared threatened in 1985 (50 Federal Register 50733; December 11,

1985.) It is a small shorebird that inhabits barren sand and gravel shores of rivers and lakes. In

North Dakota, birds spend 42% of their time at the waterline and 45% foraging in upland gravel

areas. The main foods taken are freshwater invertebrates washed up on shore, terrestrial, and

benthic invertebrates. Habitat loss and poor breeding success are major causes of the population

decline. More than three-fourths of piping plovers in North Dakota nest on prairie alkali lakes,

while the remainder use the Missouri River. The FWS designated critical habitat for the piping

plover on the Missouri River system includes Lake Sakakawea. A map of the proposed facility

with the designated critical habitat area is included with this memorandum.

Implementation of the FIP may affect, but is not likely to adversely affect the piping plover

because the FIP does not impose or exempt the facilities from any CAA permitting requirements.

The FIP provides Federal enforceability for the use of VOC emission controls that are already

being used as an industry standard.

Whooping Crane

Listing Status: Endangered

Effects Determination: May Affect, Not Likely to Adversely Affect

Whooping cranes were declared endangered in 1970 (35 Federal Register 8495; June 2, 1970.)

Whooping cranes do not breed in North Dakota. However, they are known to migrate through

North Dakota during the spring and fall migration periods. Current and historic records show

North Dakota to be an important corridor for migration of the whooping crane. They occupy tall

and mixed-grass prairie marshes of north central United States and southern Canada. They are

omnivorous, probing and gleaning foods from soil, water, and vegetation. Documented foods
include; frogs, fish, plant tubers, crayfish, insects, acorns, snails, mice, snakes, and grains such as

barley, wheat and corn.

Implementation of the FIP may affect, but is not likely to adversely affect the whooping cranes

because the FIP does not impose or exempt the facilities from any CAA permitting requirements.

The FIP provides Federal enforceability for the use of VOC emission controls that are already

being used as an industry standard.

The EPA gathered information on listed species from the following list of web pages and associated

URLs. It is likely that some of these web pages are no longer available or their URL addresses may have

changed.

1. United States. U.S. Fish and Wildlife Service. North Dakota Ecological Services Field Office.

Retrieved from http://www.fws.gov/northdakotafieldoffice/endspecies/endangered_species.htm

June 7, 2012

2. United States. Bureau of Indian Affairs, Environmental Protection Agency. Final Environmental

Impact Statement for the Mandan, Hidatsa, and Arikara Nation’s Clean Fuels Refinery Project;

Bureau of Indian Affairs, Environmental Protection Agency, 2009. Retrieved from

http://www.epa.gov/region8/compliance/nepa/refineryfeis.html

3. United States. U.S. Fish and Wildlife Service. Lower 48-State and Mexican Gray wolf (Canis

lupis) listing, as revised 5-Year Review: Summary and Evaluation; U.S. Fish and Wildlife

Service, 2012. Retrieved from

http://ecos.fws.gov/docs/five_year_review/doc3978.%20lupus%205-YR%20review%20PDF.pdf

May 31, 2012

4. United States. U.S. Fish & Wildlife Service, Species Profile Gray Wolf (Canis lupus), U.S. Fish

and Wildlife Service. Retrieved from

http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=A00D May 31, 2012

5. Thompson, Bruce C., Jerome A. Jackson, Joannna Burger, Laura A. Hill, Eileen M. Kirsch and

Jonathan L. Atwood. 1997. Least Tern (Sternula antillarum), The Birds of North America Online

(A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America

Online: http://bna.birds.cornell.edu/bna/species/290 doi:10.2173/bna.290

6. United States. U.S. Fish and Wildlife Service. Pallid Sturgeon 5-Year Review; U.S. Fish and

Wildlife Service, 2007. Retrieved from http://ecos.fws.gov/docs/five_year_review/doc1059.pdf

May 18, 2012

7. United States. U.S. Fish and Wildlife Service. Piping Plover 5-Year Review: Summary and

Evaluation; U.S. Fish and Wildlife Service, 2009. Retrieved from

http://www.fws.gov/northeast/endangered/PDF/Piping_Plover_five_year_review_and_summary.

pdf March 9, 2012

8. Elliott-Smith, Elise and Susan M. Haig. 2004. Piping Plover (Charadrius melodus), The Birds of

North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the

Birds of North America Online: http://bna.birds.cornell.edu/bna/species/002 doi:10.2173/bna.2

9. Lewis, James C. 1995. Whooping Crane (Grus americana), The Birds of North America Online

(A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America

Online: http://bna.birds.cornell.edu/bna/species/153 doi:10.2173/bna.153

10. Robbins, Mark B. and Brenda C. Dale. 1999. Sprague's Pipit (Anthus spragueii), The Birds of

North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the
Birds of North America Online: http://bna.birds.cornell.edu/bna/species/439

doi:10.2173/bna.439

11. United States. U.S. Fish and Wildlife Service. Piping Plover 5-Year Review: Summary and

Evaluation; U.S. Fish and Wildlife Service, 2009. Retrieved from

http://www.fws.gov/northeast/endangered/PDF/Piping_Plover_five_year_review_and_summary.

pdf March 9, 2012

12. United States. U.S. Fish and Wildlife Service. Black-Footed, Ferret Survey Guidelines for

Compliance with the Endangered Species Act; U.S. Fish and Wildlife Service, 1989. Retrieved

from http://www.fws.gov/montanafieldoffice/Endangered_Species/Survey_Guidelines.html

March 7, 2012

Attachments:

Map of FBIR counties and piping plover critical habitat

FWS Official List of Threatened and Endangered Species for Affected Counties
Dunn

McLean

Mountrail

Mercer

Ward

McKenzie

Fort Berthold Indian Reservation;

Counties and Critical Habitat for

Piping Plover within Reservation

£

Disclaimer: EPA makes no claim regarding the accuracy or

precision of these data. Questions concerning the data should

be referred to the source agency. This map does not

necessarily represent EPA's position on any Indian Country

boundaries or the jurisdictional status of any specific location.

Date: June 4, 2012

Map Projection: UTM, Meters, Zone 13N,NAD83.

Data Sources:

Reservations - U.S. Census Bureau (2009);

Counties - U.S. Census Bureau (2009);

Critical Habitat - U.S. Fish & Wildlife Service (2010);

Base - Microsoft Bing web service (2012).

Fort Berthold Indian Reservation

County Boundary

US FWS Critical Habitat - Piping Plover

L a k e S a k a k a w e a

Area Enlarged

0 1.75 3.5 7 10.5 Miles

0 4 8 16 Kilometers
United States Department of the Interior

FISH AND WILDLIFE SERVICE

NORTH DAKOTA ECOLOGICAL SERVICES FIELD OFFICE

3425 MIRIAM AVENUE

BISMARCK, ND 58501

PHONE: (701)250-4481 FAX: (701)355-8513

URL:

www.fws.gov/northdakotafieldoffice/endspecies/endangered_species.htm

Consultation Tracking Number: 06E15000-2012-SLI-0204 June 07, 2012

Project Name: EPA. Region 8 Fed Imp Plan FBIR

Subject: List of threatened and endangered species that may occur in your proposed project

location, and/or may be affected by your proposed project.

To Whom It May Concern:

The enclosed species list identifies threatened, endangered, and proposed species, designated

critical habitat, and candidate species that may occur within the boundary of your proposed

project and/or may be affected by your proposed project. The species list fulfills the

requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the

Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

New information based on updated surveys, changes in the abundance and distribution of

species, changed habitat conditions, or other factors could change this list. Please feel free to

contact us if you need more current information or assistance regarding the potential impacts to

federally proposed, listed, and candidate species and federally designated and proposed critical

habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of

the Act, the accuracy of this species list should be verified after 90 days. This verification can

be completed formally or informally as desired. The Service recommends that verification be

completed by visiting the ECOS-IPaC website at regular intervals during project planning and

implementation for updates to species lists and information. An updated list may be requested

through the ECOS-IPaC system by completing the same process used to receive the enclosed

list.

The purpose of the Act is to provide a means whereby threatened and endangered species and

the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2)

of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required

to utilize their authorities to carry out programs for the conservation of threatened and

endangered species and to determine whether projects may affect threatened and endangered

species and/or designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having

similar physical impacts) that are major Federal actions significantly affecting the quality of the

human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)

(c)). For projects other than major construction activities, the Service suggests that a biological

evaluation similar to a Biological Assessment be prepared to determine whether the project may

affect listed or proposed species and/or designated or proposed critical habitat. Recommended

contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation,

that listed species and/or designated critical habitat may be affected by the proposed project, the

agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service

recommends that candidate species, proposed species and proposed critical habitat be addressed

within the consultation. More information on the regulations and procedures for section 7

consultation, including the role of permit or license applicants, can be found in the "Endangered

Species Consultation Handbook" at:

http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle

Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require

development of an eagle conservation plan

(http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects

should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing

impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications

towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at:

http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm;

http://www.towerkill.com; and

http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages

Federal agencies to include conservation of threatened and endangered species into their project

planning to further the purposes of the Act. Please include the Consultation Tracking Number in

the header of this letter with any request for consultation or correspondence about your project

that you submit to our office.

Attachment
http://ecos.fws.gov/ipac, 06/07/2012 12:15 PM

Page 1

Official Species List

Provided by:

NORTH DAKOTA ECOLOGICAL SERVICES FIELD OFFICE

3425 MIRIAM AVENUE

BISMARCK, ND 58501

(701) 250-4481

http://www.fws.gov/northdakotafieldoffice/endspecies/endangered_species.htm

Consultation Tracking Number: 06E15000-2012-SLI-0204

Project Type: Oil Or Gas

Project Description: Federal Implementation Plan for Oil and Gas Production Facilities, Clean Air

Act

United States Department of Interior

Fish and Wildlife Service

Project name: EPA. Region 8 Fed Imp Plan FBIR
http://ecos.fws.gov/ipac, 06/07/2012 12:15 PM

Page 2

Project Counties: Dunn, ND

United States Department of Interior

Fish and Wildlife Service

Project name: EPA. Region 8 Fed Imp Plan FBIR
http://ecos.fws.gov/ipac, 06/07/2012 12:15 PM

Page 3

Endangered Species Act Species List

Species lists are not entirely based upon the current range of a species but may also take into consideration actions that

affect a species that exists in another geographic area. For example, certain fish may appear on the species list because a

project could affect downstream species. Please contact the designated FWS office if you have questions.

Black-Footed ferret (Mustela nigripes)

 Population: U.S.A. (specific portions of AZ, CO, MT, SD, UT, and WY)

 Listing Status: Experimental Population, Non-Essential

Dakota Skipper (Hesperia dacotae)

 Listing Status: Candidate

Gray wolf (Canis lupus)

 Population: U.S.A.: All of AL, AR, CA, CO, CT, DE, FL, GA, KS, KY, LA, MA, MD, ME, MO, MS, NC, NE, NH, NJ, NV, NY, OK, PA,

RI, SC, TN, VA, VT and WV; those portions of AZ, NM, and TX not included in an experimental population; and portions of IA, IN, IL, ND,

OH, OR, SD, UT, and WA. Mexico.

 Listing Status: Endangered

Least tern (Sterna antillarum)

 Population: interior pop.

 Listing Status: Endangered

Pallid sturgeon (Scaphirhynchus albus)

 Listing Status: Endangered

Piping Plover (Charadrius melodus)

 Population: except Great Lakes watershed

 Listing Status: Threatened

Sprague's Pipit (Anthus spragueii)

 Listing Status: Candidate

United States Department of Interior

Fish and Wildlife Service

Project name: EPA. Region 8 Fed Imp Plan FBIR
http://ecos.fws.gov/ipac, 06/07/2012 12:15 PM

Page 4

Whooping crane (Grus americana)

 Population: except where EXPN

 Listing Status: Endangered

United States Department of Interior

Fish and Wildlife Service

Project name: EPA. Region 8 Fed Imp Plan FBIR
United States Department of the Interior

FISH AND WILDLIFE SERVICE

NORTH DAKOTA ECOLOGICAL SERVICES FIELD OFFICE

3425 MIRIAM AVENUE

BISMARCK, ND 58501

PHONE: (701)250-4481 FAX: (701)355-8513

URL:

www.fws.gov/northdakotafieldoffice/endspecies/endangered_species.htm

Consultation Tracking Number: 06E15000-2012-SLI-0205 June 07, 2012

Project Name: EPA R8 FBIR FIP

Subject: List of threatened and endangered species that may occur in your proposed project

location, and/or may be affected by your proposed project.

To Whom It May Concern:

The enclosed species list identifies threatened, endangered, and proposed species, designated

critical habitat, and candidate species that may occur within the boundary of your proposed

project and/or may be affected by your proposed project. The species list fulfills the

requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the

Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

New information based on updated surveys, changes in the abundance and distribution of

species, changed habitat conditions, or other factors could change this list. Please feel free to

contact us if you need more current information or assistance regarding the potential impacts to

federally proposed, listed, and candidate species and federally designated and proposed critical

habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of

the Act, the accuracy of this species list should be verified after 90 days. This verification can

be completed formally or informally as desired. The Service recommends that verification be

completed by visiting the ECOS-IPaC website at regular intervals during project planning and

implementation for updates to species lists and information. An updated list may be requested

through the ECOS-IPaC system by completing the same process used to receive the enclosed

list.

The purpose of the Act is to provide a means whereby threatened and endangered species and

the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2)

of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required

to utilize their authorities to carry out programs for the conservation of threatened and

endangered species and to determine whether projects may affect threatened and endangered

species and/or designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having

similar physical impacts) that are major Federal actions significantly affecting the quality of the

human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)

(c)). For projects other than major construction activities, the Service suggests that a biological

evaluation similar to a Biological Assessment be prepared to determine whether the project may

affect listed or proposed species and/or designated or proposed critical habitat. Recommended

contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation,

that listed species and/or designated critical habitat may be affected by the proposed project, the

agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service

recommends that candidate species, proposed species and proposed critical habitat be addressed

within the consultation. More information on the regulations and procedures for section 7

consultation, including the role of permit or license applicants, can be found in the "Endangered

Species Consultation Handbook" at:

http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle

Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require

development of an eagle conservation plan

(http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects

should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing

impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications

towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at:

http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm;

http://www.towerkill.com; and

http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages

Federal agencies to include conservation of threatened and endangered species into their project

planning to further the purposes of the Act. Please include the Consultation Tracking Number in

the header of this letter with any request for consultation or correspondence about your project

that you submit to our office.

Attachment
http://ecos.fws.gov/ipac, 06/07/2012 04:27 PM

Page 1

Official Species List

Provided by:

NORTH DAKOTA ECOLOGICAL SERVICES FIELD OFFICE

3425 MIRIAM AVENUE

BISMARCK, ND 58501

(701) 250-4481

http://www.fws.gov/northdakotafieldoffice/endspecies/endangered_species.htm

Consultation Tracking Number: 06E15000-2012-SLI-0205

Project Type: Oil Or Gas

Project Description: Federal Implementation Plan for Oil and Gas Production Facilities, Clean Air

Act

United States Department of Interior

Fish and Wildlife Service

Project name: EPA R8 FBIR FIP
http://ecos.fws.gov/ipac, 06/07/2012 04:27 PM

Page 2

Project Counties: McKenzie, ND

United States Department of Interior

Fish and Wildlife Service

Project name: EPA R8 FBIR FIP
http://ecos.fws.gov/ipac, 06/07/2012 04:27 PM

Page 3

Endangered Species Act Species List

Species lists are not entirely based upon the current range of a species but may also take into consideration actions that

affect a species that exists in another geographic area. For example, certain fish may appear on the species list because a

project could affect downstream species. Please contact the designated FWS office if you have questions.

Black-Footed ferret (Mustela nigripes)

 Population: U.S.A. (specific portions of AZ, CO, MT, SD, UT, and WY)

 Listing Status: Experimental Population, Non-Essential

Dakota Skipper (Hesperia dacotae)

 Listing Status: Candidate

Gray wolf (Canis lupus)

 Population: U.S.A.: All of AL, AR, CA, CO, CT, DE, FL, GA, KS, KY, LA, MA, MD, ME, MO, MS, NC, NE, NH, NJ, NV, NY, OK, PA,

RI, SC, TN, VA, VT and WV; those portions of AZ, NM, and TX not included in an experimental population; and portions of IA, IN, IL, ND,

OH, OR, SD, UT, and WA. Mexico.

 Listing Status: Endangered

Least tern (Sterna antillarum)

 Population: interior pop.

 Listing Status: Endangered

Pallid sturgeon (Scaphirhynchus albus)

 Listing Status: Endangered

Piping Plover (Charadrius melodus)

 Population: except Great Lakes watershed

 Listing Status: Threatened

Sprague's Pipit (Anthus spragueii)

 Listing Status: Candidate

United States Department of Interior

Fish and Wildlife Service

Project name: EPA R8 FBIR FIP
http://ecos.fws.gov/ipac, 06/07/2012 04:27 PM

Page 4

Whooping crane (Grus americana)

 Population: except where EXPN

 Listing Status: Endangered

United States Department of Interior

Fish and Wildlife Service

Project name: EPA R8 FBIR FIP
United States Department of the Interior

FISH AND WILDLIFE SERVICE

NORTH DAKOTA ECOLOGICAL SERVICES FIELD OFFICE

3425 MIRIAM AVENUE

BISMARCK, ND 58501

PHONE: (701)250-4481 FAX: (701)355-8513

URL:

www.fws.gov/northdakotafieldoffice/endspecies/endangered_species.htm

Consultation Tracking Number: 06E15000-2012-SLI-0206 June 07, 2012

Project Name: EPA R8 FBIR FIP

Subject: List of threatened and endangered species that may occur in your proposed project

location, and/or may be affected by your proposed project.

To Whom It May Concern:

The enclosed species list identifies threatened, endangered, and proposed species, designated

critical habitat, and candidate species that may occur within the boundary of your proposed

project and/or may be affected by your proposed project. The species list fulfills the

requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the

Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

New information based on updated surveys, changes in the abundance and distribution of

species, changed habitat conditions, or other factors could change this list. Please feel free to

contact us if you need more current information or assistance regarding the potential impacts to

federally proposed, listed, and candidate species and federally designated and proposed critical

habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of

the Act, the accuracy of this species list should be verified after 90 days. This verification can

be completed formally or informally as desired. The Service recommends that verification be

completed by visiting the ECOS-IPaC website at regular intervals during project planning and

implementation for updates to species lists and information. An updated list may be requested

through the ECOS-IPaC system by completing the same process used to receive the enclosed

list.

The purpose of the Act is to provide a means whereby threatened and endangered species and

the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2)

of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required

to utilize their authorities to carry out programs for the conservation of threatened and

endangered species and to determine whether projects may affect threatened and endangered

species and/or designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having

similar physical impacts) that are major Federal actions significantly affecting the quality of the

human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)

(c)). For projects other than major construction activities, the Service suggests that a biological

evaluation similar to a Biological Assessment be prepared to determine whether the project may

affect listed or proposed species and/or designated or proposed critical habitat. Recommended

contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation,

that listed species and/or designated critical habitat may be affected by the proposed project, the

agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service

recommends that candidate species, proposed species and proposed critical habitat be addressed

within the consultation. More information on the regulations and procedures for section 7

consultation, including the role of permit or license applicants, can be found in the "Endangered

Species Consultation Handbook" at:

http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle

Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require

development of an eagle conservation plan

(http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects

should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing

impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications

towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at:

http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm;

http://www.towerkill.com; and

http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages

Federal agencies to include conservation of threatened and endangered species into their project

planning to further the purposes of the Act. Please include the Consultation Tracking Number in

the header of this letter with any request for consultation or correspondence about your project

that you submit to our office.

Attachment
http://ecos.fws.gov/ipac, 06/07/2012 04:28 PM

Page 1

Official Species List

Provided by:

NORTH DAKOTA ECOLOGICAL SERVICES FIELD OFFICE

3425 MIRIAM AVENUE

BISMARCK, ND 58501

(701) 250-4481

http://www.fws.gov/northdakotafieldoffice/endspecies/endangered_species.htm

Consultation Tracking Number: 06E15000-2012-SLI-0206

Project Type: Oil Or Gas

Project Description: Federal Implementation Plan for Oil and Gas Production Facilities, Clean Air

Act

United States Department of Interior

Fish and Wildlife Service

Project name: EPA R8 FBIR FIP
http://ecos.fws.gov/ipac, 06/07/2012 04:28 PM

Page 2

Project Counties: McLean, ND

United States Department of Interior

Fish and Wildlife Service

Project name: EPA R8 FBIR FIP
http://ecos.fws.gov/ipac, 06/07/2012 04:28 PM

Page 3

Endangered Species Act Species List

Species lists are not entirely based upon the current range of a species but may also take into consideration actions that

affect a species that exists in another geographic area. For example, certain fish may appear on the species list because a

project could affect downstream species. Please contact the designated FWS office if you have questions.

Dakota Skipper (Hesperia dacotae)

 Listing Status: Candidate

Gray wolf (Canis lupus)

 Population: U.S.A.: All of AL, AR, CA, CO, CT, DE, FL, GA, KS, KY, LA, MA, MD, ME, MO, MS, NC, NE, NH, NJ, NV, NY, OK, PA,

RI, SC, TN, VA, VT and WV; those portions of AZ, NM, and TX not included in an experimental population; and portions of IA, IN, IL, ND,

OH, OR, SD, UT, and WA. Mexico.

 Listing Status: Endangered

Least tern (Sterna antillarum)

 Population: interior pop.

 Listing Status: Endangered

Pallid sturgeon (Scaphirhynchus albus)

 Listing Status: Endangered

Piping Plover (Charadrius melodus)

 Population: except Great Lakes watershed

 Listing Status: Threatened

Sprague's Pipit (Anthus spragueii)

 Listing Status: Candidate

Whooping crane (Grus americana)

 Population: except where EXPN

 Listing Status: Endangered

United States Department of Interior

Fish and Wildlife Service

Project name: EPA R8 FBIR FIP
United States Department of the Interior

FISH AND WILDLIFE SERVICE

NORTH DAKOTA ECOLOGICAL SERVICES FIELD OFFICE

3425 MIRIAM AVENUE

BISMARCK, ND 58501

PHONE: (701)250-4481 FAX: (701)355-8513

URL:

www.fws.gov/northdakotafieldoffice/endspecies/endangered_species.htm

Consultation Tracking Number: 06E15000-2012-SLI-0207 June 07, 2012

Project Name: EPA R8 FBIR FIP

Subject: List of threatened and endangered species that may occur in your proposed project

location, and/or may be affected by your proposed project.

To Whom It May Concern:

The enclosed species list identifies threatened, endangered, and proposed species, designated

critical habitat, and candidate species that may occur within the boundary of your proposed

project and/or may be affected by your proposed project. The species list fulfills the

requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the

Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

New information based on updated surveys, changes in the abundance and distribution of

species, changed habitat conditions, or other factors could change this list. Please feel free to

contact us if you need more current information or assistance regarding the potential impacts to

federally proposed, listed, and candidate species and federally designated and proposed critical

habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of

the Act, the accuracy of this species list should be verified after 90 days. This verification can

be completed formally or informally as desired. The Service recommends that verification be

completed by visiting the ECOS-IPaC website at regular intervals during project planning and

implementation for updates to species lists and information. An updated list may be requested

through the ECOS-IPaC system by completing the same process used to receive the enclosed

list.

The purpose of the Act is to provide a means whereby threatened and endangered species and

the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2)

of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required

to utilize their authorities to carry out programs for the conservation of threatened and

endangered species and to determine whether projects may affect threatened and endangered

species and/or designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having

similar physical impacts) that are major Federal actions significantly affecting the quality of the

human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)

(c)). For projects other than major construction activities, the Service suggests that a biological

evaluation similar to a Biological Assessment be prepared to determine whether the project may

affect listed or proposed species and/or designated or proposed critical habitat. Recommended

contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation,

that listed species and/or designated critical habitat may be affected by the proposed project, the

agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service

recommends that candidate species, proposed species and proposed critical habitat be addressed

within the consultation. More information on the regulations and procedures for section 7

consultation, including the role of permit or license applicants, can be found in the "Endangered

Species Consultation Handbook" at:

http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle

Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require

development of an eagle conservation plan

(http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects

should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing

impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications

towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at:

http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm;

http://www.towerkill.com; and

http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages

Federal agencies to include conservation of threatened and endangered species into their project

planning to further the purposes of the Act. Please include the Consultation Tracking Number in

the header of this letter with any request for consultation or correspondence about your project

that you submit to our office.

Attachment
http://ecos.fws.gov/ipac, 06/07/2012 04:29 PM

Page 1

Official Species List

Provided by:

NORTH DAKOTA ECOLOGICAL SERVICES FIELD OFFICE

3425 MIRIAM AVENUE

BISMARCK, ND 58501

(701) 250-4481

http://www.fws.gov/northdakotafieldoffice/endspecies/endangered_species.htm

Consultation Tracking Number: 06E15000-2012-SLI-0207

Project Type: Oil Or Gas

Project Description: Federal Implementation Plan for Oil and Gas Production Facilities, Clean Air

Act

United States Department of Interior

Fish and Wildlife Service

Project name: EPA R8 FBIR FIP
http://ecos.fws.gov/ipac, 06/07/2012 04:29 PM

Page 2

Project Counties: Mercer, ND

United States Department of Interior

Fish and Wildlife Service

Project name: EPA R8 FBIR FIP
http://ecos.fws.gov/ipac, 06/07/2012 04:29 PM

Page 3

Endangered Species Act Species List

Species lists are not entirely based upon the current range of a species but may also take into consideration actions that

affect a species that exists in another geographic area. For example, certain fish may appear on the species list because a

project could affect downstream species. Please contact the designated FWS office if you have questions.

Black-Footed ferret (Mustela nigripes)

 Population: U.S.A. (specific portions of AZ, CO, MT, SD, UT, and WY)

 Listing Status: Experimental Population, Non-Essential

Gray wolf (Canis lupus)

 Population: U.S.A.: All of AL, AR, CA, CO, CT, DE, FL, GA, KS, KY, LA, MA, MD, ME, MO, MS, NC, NE, NH, NJ, NV, NY, OK, PA,

RI, SC, TN, VA, VT and WV; those portions of AZ, NM, and TX not included in an experimental population; and portions of IA, IN, IL, ND,

OH, OR, SD, UT, and WA. Mexico.

 Listing Status: Endangered

Least tern (Sterna antillarum)

 Population: interior pop.

 Listing Status: Endangered

Pallid sturgeon (Scaphirhynchus albus)

 Listing Status: Endangered

Piping Plover (Charadrius melodus)

 Population: except Great Lakes watershed

 Listing Status: Threatened

Sprague's Pipit (Anthus spragueii)

 Listing Status: Candidate

Whooping crane (Grus americana)

 Population: except where EXPN

 Listing Status: Endangered

United States Department of Interior

Fish and Wildlife Service

Project name: EPA R8 FBIR FIP
http://ecos.fws.gov/ipac, 06/07/2012 04:29 PM

Page 4

United States Department of Interior

Fish and Wildlife Service

Project name: EPA R8 FBIR FIP
United States Department of the Interior

FISH AND WILDLIFE SERVICE

NORTH DAKOTA ECOLOGICAL SERVICES FIELD OFFICE

3425 MIRIAM AVENUE

BISMARCK, ND 58501

PHONE: (701)250-4481 FAX: (701)355-8513

URL:

www.fws.gov/northdakotafieldoffice/endspecies/endangered_species.htm

Consultation Tracking Number: 06E15000-2012-SLI-0208 June 07, 2012

Project Name: EPA R8 FBIR FIP

Subject: List of threatened and endangered species that may occur in your proposed project

location, and/or may be affected by your proposed project.

To Whom It May Concern:

The enclosed species list identifies threatened, endangered, and proposed species, designated

critical habitat, and candidate species that may occur within the boundary of your proposed

project and/or may be affected by your proposed project. The species list fulfills the

requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the

Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

New information based on updated surveys, changes in the abundance and distribution of

species, changed habitat conditions, or other factors could change this list. Please feel free to

contact us if you need more current information or assistance regarding the potential impacts to

federally proposed, listed, and candidate species and federally designated and proposed critical

habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of

the Act, the accuracy of this species list should be verified after 90 days. This verification can

be completed formally or informally as desired. The Service recommends that verification be

completed by visiting the ECOS-IPaC website at regular intervals during project planning and

implementation for updates to species lists and information. An updated list may be requested

through the ECOS-IPaC system by completing the same process used to receive the enclosed

list.

The purpose of the Act is to provide a means whereby threatened and endangered species and

the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2)

of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required

to utilize their authorities to carry out programs for the conservation of threatened and

endangered species and to determine whether projects may affect threatened and endangered

species and/or designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having

similar physical impacts) that are major Federal actions significantly affecting the quality of the

human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)

(c)). For projects other than major construction activities, the Service suggests that a biological

evaluation similar to a Biological Assessment be prepared to determine whether the project may

affect listed or proposed species and/or designated or proposed critical habitat. Recommended

contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation,

that listed species and/or designated critical habitat may be affected by the proposed project, the

agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service

recommends that candidate species, proposed species and proposed critical habitat be addressed

within the consultation. More information on the regulations and procedures for section 7

consultation, including the role of permit or license applicants, can be found in the "Endangered

Species Consultation Handbook" at:

http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle

Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require

development of an eagle conservation plan

(http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects

should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing

impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications

towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at:

http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm;

http://www.towerkill.com; and

http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages

Federal agencies to include conservation of threatened and endangered species into their project

planning to further the purposes of the Act. Please include the Consultation Tracking Number in

the header of this letter with any request for consultation or correspondence about your project

that you submit to our office.

Attachment
http://ecos.fws.gov/ipac, 06/07/2012 04:30 PM

Page 1

Official Species List

Provided by:

NORTH DAKOTA ECOLOGICAL SERVICES FIELD OFFICE

3425 MIRIAM AVENUE

BISMARCK, ND 58501

(701) 250-4481

http://www.fws.gov/northdakotafieldoffice/endspecies/endangered_species.htm

Consultation Tracking Number: 06E15000-2012-SLI-0208

Project Type: Oil Or Gas

Project Description: Federal Implementation Plan for Oil and Gas Production Facilities, Clean Air

Act

United States Department of Interior

Fish and Wildlife Service

Project name: EPA R8 FBIR FIP
http://ecos.fws.gov/ipac, 06/07/2012 04:30 PM

Page 2

Project Counties: Mountrail, ND

United States Department of Interior

Fish and Wildlife Service

Project name: EPA R8 FBIR FIP
http://ecos.fws.gov/ipac, 06/07/2012 04:30 PM

Page 3

Endangered Species Act Species List

Species lists are not entirely based upon the current range of a species but may also take into consideration actions that

affect a species that exists in another geographic area. For example, certain fish may appear on the species list because a

project could affect downstream species. Please contact the designated FWS office if you have questions.

Dakota Skipper (Hesperia dacotae)

 Listing Status: Candidate

Gray wolf (Canis lupus)

 Population: U.S.A.: All of AL, AR, CA, CO, CT, DE, FL, GA, KS, KY, LA, MA, MD, ME, MO, MS, NC, NE, NH, NJ, NV, NY, OK, PA,

RI, SC, TN, VA, VT and WV; those portions of AZ, NM, and TX not included in an experimental population; and portions of IA, IN, IL, ND,

OH, OR, SD, UT, and WA. Mexico.

 Listing Status: Endangered

Least tern (Sterna antillarum)

 Population: interior pop.

 Listing Status: Endangered

Pallid sturgeon (Scaphirhynchus albus)

 Listing Status: Endangered

Piping Plover (Charadrius melodus)

 Population: except Great Lakes watershed

 Listing Status: Threatened

Sprague's Pipit (Anthus spragueii)

 Listing Status: Candidate

Whooping crane (Grus americana)

 Population: except where EXPN

 Listing Status: Endangered

United States Department of Interior

Fish and Wildlife Service

Project name: EPA R8 FBIR FIP
United States Department of the Interior

FISH AND WILDLIFE SERVICE

NORTH DAKOTA ECOLOGICAL SERVICES FIELD OFFICE

3425 MIRIAM AVENUE

BISMARCK, ND 58501

PHONE: (701)250-4481 FAX: (701)355-8513

URL:

www.fws.gov/northdakotafieldoffice/endspecies/endangered_species.htm

Consultation Tracking Number: 06E15000-2012-SLI-0209 June 07, 2012

Project Name: EPA R8 FBIR FIP

Subject: List of threatened and endangered species that may occur in your proposed project

location, and/or may be affected by your proposed project.

To Whom It May Concern:

The enclosed species list identifies threatened, endangered, and proposed species, designated

critical habitat, and candidate species that may occur within the boundary of your proposed

project and/or may be affected by your proposed project. The species list fulfills the

requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the

Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

New information based on updated surveys, changes in the abundance and distribution of

species, changed habitat conditions, or other factors could change this list. Please feel free to

contact us if you need more current information or assistance regarding the potential impacts to

federally proposed, listed, and candidate species and federally designated and proposed critical

habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of

the Act, the accuracy of this species list should be verified after 90 days. This verification can

be completed formally or informally as desired. The Service recommends that verification be

completed by visiting the ECOS-IPaC website at regular intervals during project planning and

implementation for updates to species lists and information. An updated list may be requested

through the ECOS-IPaC system by completing the same process used to receive the enclosed

list.

The purpose of the Act is to provide a means whereby threatened and endangered species and

the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2)

of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required

to utilize their authorities to carry out programs for the conservation of threatened and

endangered species and to determine whether projects may affect threatened and endangered

species and/or designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having

similar physical impacts) that are major Federal actions significantly affecting the quality of the

human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)

(c)). For projects other than major construction activities, the Service suggests that a biological

evaluation similar to a Biological Assessment be prepared to determine whether the project may

affect listed or proposed species and/or designated or proposed critical habitat. Recommended

contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation,

that listed species and/or designated critical habitat may be affected by the proposed project, the

agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service

recommends that candidate species, proposed species and proposed critical habitat be addressed

within the consultation. More information on the regulations and procedures for section 7

consultation, including the role of permit or license applicants, can be found in the "Endangered

Species Consultation Handbook" at:

http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle

Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require

development of an eagle conservation plan

(http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects

should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing

impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications

towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at:

http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm;

http://www.towerkill.com; and

http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages

Federal agencies to include conservation of threatened and endangered species into their project

planning to further the purposes of the Act. Please include the Consultation Tracking Number in

the header of this letter with any request for consultation or correspondence about your project

that you submit to our office.

Attachment
http://ecos.fws.gov/ipac, 06/07/2012 04:40 PM

Page 1

Official Species List

Provided by:

NORTH DAKOTA ECOLOGICAL SERVICES FIELD OFFICE

3425 MIRIAM AVENUE

BISMARCK, ND 58501

(701) 250-4481

http://www.fws.gov/northdakotafieldoffice/endspecies/endangered_species.htm

Consultation Tracking Number: 06E15000-2012-SLI-0209

Project Type: Oil Or Gas

Project Description: Federal Implementation Plan for Oil and Gas Production Facilities, Clean Air

Act

United States Department of Interior

Fish and Wildlife Service

Project name: EPA R8 FBIR FIP
http://ecos.fws.gov/ipac, 06/07/2012 04:40 PM

Page 2

Project Counties: Ward, ND

United States Department of Interior

Fish and Wildlife Service

Project name: EPA R8 FBIR FIP
http://ecos.fws.gov/ipac, 06/07/2012 04:40 PM

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Endangered Species Act Species List

Species lists are not entirely based upon the current range of a species but may also take into consideration actions that

affect a species that exists in another geographic area. For example, certain fish may appear on the species list because a

project could affect downstream species. Please contact the designated FWS office if you have questions.

Dakota Skipper (Hesperia dacotae)

 Listing Status: Candidate

Gray wolf (Canis lupus)

 Population: U.S.A.: All of AL, AR, CA, CO, CT, DE, FL, GA, KS, KY, LA, MA, MD, ME, MO, MS, NC, NE, NH, NJ, NV, NY, OK, PA,

RI, SC, TN, VA, VT and WV; those portions of AZ, NM, and TX not included in an experimental population; and portions of IA, IN, IL, ND,

OH, OR, SD, UT, and WA. Mexico.

 Listing Status: Endangered

Piping Plover (Charadrius melodus)

 Population: except Great Lakes watershed

 Listing Status: Threatened

Sprague's Pipit (Anthus spragueii)

 Listing Status: Candidate

Whooping crane (Grus americana)

 Population: except where EXPN

 Listing Status: Endangered

United States Department of Interior

Fish and Wildlife Service

Project name: EPA R8 FBIR FIP