60 Day Notice Letter


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3 Letter from Mary Colligan, Assistant Regional Administrator for Protected Resources, National Marine Fisheries Service, to Phil Youngberg, Environmental Manager, United States General Services Administration (April 12, 2010), United States General Service Administration and Department of Homeland Security, Final Environmental Impact Statement for the Sale of Plum 2 Environmental Conservation (“NYDEC”).4 Four of the “significant natural communities”5 include 63 acres of maritime dunes 6 45 acres of maritime beach, known to support three rare species including Seabeach Knotweed, Piping Plover, and Hairy-necked Tiger Beetle 7 44 acres of Maritime bluff 8 and 34 acres of marine rocky intertidal.9 Additionally there are 197 acres of relatively undisturbed upland forests and 96 acres of freshwater wetlands.10 This mix of varied habitats forms a community mosaic that sustains wildlife throughout the island, including species like the federally endangered Roseate Tern and the federally threatened Piping Plover.11 Additionally, the National Oceanic and Atmospheric Administration (“NOAA”), through its NMFS program, has designated Long Island Sound—which surrounds the northern, eastern and southern shores of Plum Island—as “Essential Fish Habitat”12 for at least 45 species.13 The Magnuson-Stevens Act foresaw that “a national program for the conservation and management of the fishery resources of the United States is necessary to prevent overfishing, to rebuild overfished stocks, to insure conservation, to facilitate long-term protection of essential fish habitats, and to realize the full potential of the Nation s fishery resources.”14 While not vital to the ESA claim, Plum Island has numerous other critical habitat designations that demonstrate its importance to species that rely on the expertise of FWS and NMFS to ensure their protection.. ENDANGERED SPECIES ACT In 1973, Congress made clear its desire to protect and conserve the country’s at-risk species and habitats: “Th


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