ML031900415
| ML031900415 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 07/02/2003 |
| From: | Anschutz S US Dept of Interior, Fish & Wildlife Service |
| To: | Kuo P Division of Regulatory Improvement Programs |
| Cushing, J, NRR/DRIP/RLEP, 415-1424 | |
| References | |
| Download: ML031900415 (3) | |
Text
t United States Department of the Interior
- 7 FISH AND WILDLIFE SERVICE Ecological. Services Nebraska Field Office 203 West Second Street Grand Island, Nebraska 68801 July2. 2003 Mr. Pao-Tsin Kuo Program Director Division of RejulatioyT niprovemeiit Programs Office of Nuclear ReactorRegulation U.S. Nuclear Regulatoiy Commission
- Washington, D.C. 20555-0001
Dear Mr. Kuo:
This responds to your May 30, 2003 (received June 5, 2003), letter requesting comments from the U.S. Fish and Wildlife Service (Service) on a Biological Assessment (BA) of the Potential.
nIpacts to Threatened and Endangered Species Resulting from an Additional 20 Years of O'peration of tli Fort Calhoun Station (FCS), Unit 1, Nuclear Power Plant (TAC No. MB3402),
located in Waslington County, Nebraska. The U.S. Nuclear Regulatory Commission (NRC) subinitted the BA to the Service in t letter dated December 9, 2002. The BA determined that the proposed action is not likely to adversely affect the federally listed endangered pallid sturgeon-(Scaphirhynchus altls) or the threatened bald eagle (Haliaectus leucocephalus). In addition, the BA stated that the proposed action would have no effect on the federally listed threatened western prairie fringed.orchid (Plataxth era praeclara) and piping plover (Charadirs melodus),:
or the endangered least tern (Sterna antillarum). After reviewing the BA, the Service concluded that additional inforination was-required before an-evaluation could be completed to d.termine
- whether the Service could conc r.with NRC's not likely to adversely affect determination for the.
pallid sturgeon. The Service requested the additional information in a letter to NRC dated January 13, 2003. NRCprovided the additionalinformation in the May 30, 2003, letter.
After reviewingthe BA; and the additional information, the Service'is concerned that if pallid sturgeon spawning does-occur in the Missouri River between Gavins Point Dam and FCS, the larvae produced would be susceptible to entrainmient or impingment at FCS. Under Section
'9(a)(1) of the Endangered Species Act (ESA) of 1973, as amended, it is unlawful to "take"
.endangered species of fish and wildlife. As defined in the ESA, 'The term 'take' means to
- :-,.harass, h
,pursue, hunt, shoot, wound, kill, trap, capture, or collect, orto attempt to engage in any such conduct." Therefore, because pallid sturgeon larvae may potentially be taken under.tbe proposed action, the Service has concluded that it is not able to concur with NRC's not likely to adversely affect.determination for the pallid sturgeon.
2.
Since the Service is unable to concur with NRC's determination of not likely to.adversely.affect, we request that NRC umdertake one of the following conservation measures, as part of-the.
proposed federal action, to minimize or compensate for, project effects on the pallid sturgeon:
Measure 1: Conduct a 3-year larval monitoring study at FCS to determine the impacts of the facility on pallid sturgeon larvae. Larval'monitoring studies conducted by the Omaha Public Power District (OPPfD) at FCS during the 1970s found that Scaphirhyjichus sp. larvae were being impacted by the facility. 'However, at that time, it was not possible to differentiate between shovelnose (Scaphirhynchusplatorynchus) and pallid sturgeon larvae. Consequently, OPPD detennined that it was highly likely that all of the collected larvae were shovelfiose sturgeon, the more abundant species. Since the 1970sadvanced.study techniques have evolved and-researchers have developed techniques to distinguish between larvae of the two species.
Therefore, the Service believes that a larval monitoring study would' be instrumental in determining if the facility is taking pallid sturgebn-larvae. The design of a larval monitoring study should be coordinated with the Service aid Nebraska Game aid Parks Commission (NQGP).
If NRC chooses this measure, the relicensing process could continue. If the larval monitoring
-..study documents that pallid sturgeon larvae are being taken at FCOS, the consultation process, under Section 7 of the'ESA, would need to be reinitiated. Du'ring the consultation process, methods to minimize (e.g., structural modifications) the take of pallid sturgeon larvae at FCS would be pursued.
Measure 2: Forgo the larval monitoring study described under Measure 1, and pursue structural modifications at FCS, using the best available technology, which would'either minimize or avoid the take of pallid sturgeon larvae If NRC chooses this measure, ard commits to malcng the structural modifications, the relicensing process could continue and the Section'7 consultation process would be completed..
If NRC. chooses not to. commnit to either Measure I or 2, NRC should request initiation of formal Section 7 consultation with the Service. Under the ESA, the Service has 90 days following initiation of formal consultation during which to develop a draft'biological opinion (BO), and an
- additional'45 days to issue a final BO. The BO would contain an incidental take statement, with reasonable and prudent measures, which the Service believes are necessary or appropriate to minimize the impacts (i.e., amount or extent) of incidental take.
In addition to the federally and state listed endangered pallid sturgeon, the sturgeon chub (Macrhybopsis gelida) and lake sturgeon (Acipenserfuivescens) are listed as endangered and threatened species, respectively, under the Nebraska Nongame and Endangered Species
'Conservation Act, and maybe impacted by FCS. Therefore, the Service recommends that NRC
-. consult with the NGPC regarding the.possible impacts of FCS operations on state listed species, The appropriate.contact person with the NGPC would be Mr. Frank Albrecht at (402)471-5422.
3 if you desire, the Service would be willing to participate in a conference call or attend an infornal meeting (p'refrably at FCS) to discuss the aforementioned measures. Ifyou'or members of your'staff have any questions regarding this matter, pleasa contact Mr. Wally Jobnman within our office at (308)382-6468, extension 16.
Sincerely, Steve Anschutz Nebraska Field Supervisor cc: AESi R-6, MS 60120 (Attn: Bob McCue)
FWS; Bismarck, ND (Attn: Steve Krentz)
EPA; Kansas City, KS (Attn: John Dunn)
-EPA; Kansas City, KS (Attn: Joe Coethem)
NGPC; Lincoln, NE (Attn: Frank Albrecht)
NDIEQ; Lincoln, NE (-Attf: Mike Linder)
(c)FCS.JItr