ML033300186

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Request for an Update to the Biological Assessment Under the Endangered Species Act for the Shortnose Sturgeon
ML033300186
Person / Time
Site: Hatch  
(DPR-057, NPF-005)
Issue date: 11/26/2003
From: Steven Bloom
NRC/NRR/DLPM/LPD2
To: Sumner H
Southern Nuclear Operating Co
Bloom S D, NRR/DLPM,415-1313
References
TAC MC1172, TAC MC1173
Download: ML033300186 (5)


Text

November 26, 2003 Mr. H. L. Sumner, Jr.

Vice President - Nuclear Hatch Project Southern Nuclear Operating Company, Inc.

Post Office Box 1295 Birmingham, Alabama 35201-1295

SUBJECT:

EDWIN I. HATCH NUCLEAR PLANT, UNITS 1 AND 2 - REQUEST FOR AN UPDATE TO THE HATCH BIOLOGICAL ASSESSMENT UNDER THE ENDANGERED SPECIES ACT FOR THE SHORTNOSE STURGEON (TAC NOS. MC1172 and MC1173)

Dear Mr. Sumner:

In a letter dated August 31, 2000 (ADAMS Accession number ML003746456), the U.S. Nuclear Regulatory Commission (NRC) forwarded a Biological Assessment (BA) for the Edwin I. Hatch Nuclear Plant (HNP), Units 1 and 2 to the Southeast Regional Office (SERO) of the U.S.

National Marine Fisheries Service. The NRC staff concluded in the BA that operation of HNP

may affect but was not likely to adversely affect the shortnose sturgeon, Acipenser brevirostrum, inhabiting the Altamaha River. The NRC staff requested concurrence in our determination from SERO.

Since August 31, 2000, the NRC has visited the site, held several meetings with representatives from SERO, discussed the potential for impact to the species with known experts in the field, and talked with representatives from the U.S. Army Corps of Engineers (USACE), Savannah District. These efforts culminated in a meeting with SERO at which both the NRC and the USACE presented a proposal to resubmit an updated BA, superceding the August 2000 version and again requesting concurrence on the determination. The BA would be submitted jointly by both the NRC and the USACE. The updated BA would include additional plant operating information, summarize information on shortnose sturgeon focusing on what is presently known about the Altamaha River population, and include an assessment of potential impacts to the population due to dredging activities in the vicinity of the HNP intake.

To assure that the updated BA has timely, complete, and accurate information, the NRC staff is requesting that you and your staff revise the August 31, 2000, BA and submit it to the NRC.

Suggested areas of emphasis for the updated BA are provided in enclosure 1. Upon receipt of the updated BA the NRC and the USACE will review the BA, and if acceptable, adopt the BA as both the NRCs and the USACEs determination of potential impact of continued plant operation on the shortnose sturgeon. The revised and updated BA will then be submitted jointly to SERO for their concurrence.

H. L. Sumner In order to meet a commitment to resubmit the BA to SERO by the end of February 2004, the NRC requests that you provide the revised BA by January 15, 2004. If you have any questions, please contact me at 301-415-1313.

Sincerely,

/RA/

Steve Bloom, Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-321 and 50-366

Enclosure:

As stated cc: See next page

ML033300186

  • See Previous Concurrence NRR-106 OFFICE RLEP:LA RLEP:GS RLEP:PM RLEP:SC DLPM:PD2 NAME LJenkins*

JDavis*

MMasnik*

JTappert*

SBloom DATE 11/18/2003 11/19/2003 11/19/2003 11/24/2003 11/26/2003

Suggested Areas of Emphasis for the Updated Biological Assessment for the Edwin I. Hatch Nuclear Plant

1.

Provide any available information on recent (since 2000) work on the distribution and life history of shortnose sturgeon, Acipenser brevirostrum, in the Altamaha River or adjoining river systems. The location (on a map) of any known or suspected spawning sites in the Altamaha River in relation to the Hatch Nuclear Plants (HNP) location would be helpful.

2.

Provide a discussion of the likely period of time that spawning in the river might occur.

3.

Provide an expanded discussion of historic Altamaha River flow rates during the potential spawning period. Discuss the HNP water withdrawal rates as a function of river flow during the critical spawning period.

4.

Provide a cross section of the Altamaha River in the vicinity of the intake structure.

5.

As a result of our ongoing discussions with Southeast Regional Office the Biological Assessment should have a new section which addresses the impacts of dredging in the Altamaha River on the shortnose sturgeon. Provide a description and discussion of both routine maintenance dredging and the proposed expanded footprint dredging in the vicinity of the intake structure. Provide an assessment of the dredging activities on shortnose sturgeon. Describe any actions taken that minimize impacts to larva, juveniles or adults.

6.

Provide any additional information or assessments that would more properly characterize the effect of continued operation of HNP on the shortnose sturgeon in the Altamaha River.

Enclosure

Edwin I. Hatch Nuclear Plant cc:

Laurence Bergen Oglethorpe Power Corporation 2100 East Exchange Place P.O. Box 1349 Tucker, GA 30085-1349 Mr. R. D. Baker Manager - Licensing Southern Nuclear Operating Company, Inc.

P. O. Box 1295 Birmingham, Alabama 35201-1295 Resident Inspector Plant Hatch 11030 Hatch Parkway N.

Baxley, Georgia 31531 Harold Reheis, Director Department of Natural Resources 205 Butler Street, SE., Suite 1252 Atlanta, Georgia 30334 Steven M. Jackson Senior Engineer - Power Supply Municipal Electric Authority of Georgia 1470 Riveredge Parkway, NW Atlanta, Georgia 30328-4684 Mr. Reece McAlister Executive Secretary Georgia Public Service Commission 244 Washington St., S. W.

Atlanta, Ga. 30334 Arthur H. Domby, Esq.

Troutman Sanders Nations Bank Plaza 600 Peachtree Street, NE, Suite 5200 Atlanta, GA 30308-2216 Chairman Appling County Commissioners County Courthouse Baxley, Georgia 31513 Mr. J. D. Woodard Executive Vice President Southern Nuclear Operating Company, Inc.

P. O. Box 1295 Birmingham, Alabama 35201-1295 Mr. G. R. Frederick General Manager, Edwin I. Hatch Nuclear Plant Southern Nuclear Operating Company, Inc.

U.S. Highway 1 North P. O. Box 2010 Baxley, Georgia 31515 Mr. K. Rosanski Resident Manager Oglethorpe Power Corporation Edwin I. Hatch Nuclear Plant P. O. Box 2010 Baxley, Georgia 31515