ML033520044

Encl. 1 - E-mail from National Marine Fisheries Service (Nmfs), Encl. 2) Letter from NMFS to Southern Nuclear Operating Company, Dated: June 21, 2002

ML033520044
Person / Time
Site:	Farley
Issue date:	12/11/2003
From:	Bolden S US Dept of Commerce, National Marine Fisheries Service
To:	Jack Cushing Office of New Reactors
Cushing J, NRR/DRIP/RLEP, 415-1424
References
Download: ML033520044 (4)

Text

1(7,:\Wlt-IDOWS\TEMP\GWIOOOOI.TMP Page 11 IC:WIDOW\TMPGWIOO1 TMPPae Mail Envelope Properties (3FD890F1.660: 5: 13920)

Subject:

Farley Nuclear license renewal Creation Date: 12/11/03 10:43AM From: "Stephania Bolden" <Stephania.Bolden @noaa.gov>

Created By: Stephania.B olden @noaa.gov Recipients nrc.gov owf4_po.OWFN_DO JXC9 (Jack Cushing) fws.gov Jerry..Ziewitz CC (Jerry ziewitz) noaa.gov Eric.Hawk CC (Eric Hawk)

Post Office Route owf4_po.OWFN_DO nrc.gov fws.gov noaa.gov Files Size Date & Time MESSAGE 662 12/11/03 10:43AM stephania.bolden.vcf 333 Mirne.822 2531 Options Expiration Date: None Priority: Standard Reply Requested: No Return Notification: None Concealed

Subject:

No Security: Standard

Iji6k-ddifilng - Farley Nuclear license renewal . Pade aa I Jac ing N --- -ale Ia renewal licns -

From: 'Stephania Bolden' <Stephania.Bolden @noaa.gov>

To: <JXC9@nrc.gov>

Date: 12/11/03 10:44AM

Subject:

Farley Nuclear license renewal

Dear Mr. Cushing,

This is in response to your December 9, 2003 letter requesting confirmation from NMVFS regarding jurisdiction for the aforementioned project. As stated in our June 21, 2002, letter, consultation regarding Gulf sturgeon and their designated critical habitat for this project area falls within the purview of FWS. Therefore, NMVFS would support FWS consultation recommendations. However, if the FWS is not able to consult on the project impacts relative to the Gulf sturgeon and its designated critical habitat, then NMFS would become involved in the ESA section 7 consultation.

Sincerely, Stephania Bolden Project: /SER/2002/00498 CC: CC:

Eric Hawk <Eric.Hawk@ noaa.gov>, jerry ziewitz <Jerry..Ziewitz~fws.gov>

Appendix D - Applicant's Environmental Report Attachment C Special-Status Species Correspondence I g iUNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration s.,@So NATL MARNE FHERES SERVCE Southeast Regional Offic N 9721 Executive Cnter Dr. N.

StOPetersburg, FL 33702 (727) 70-5312, FAX 570-5517 http:l/calderasero.nmfs.gov F/SER3:SKB JUN 21 2002 Mr. C.R. Pierce License Renewal Services Manager Southcrn Nuclear Operating Company, Inc.

P.O. Box 1295 Birmingham, Alabama 35201- 1295

Dear Mr. Pierce:

This is in response to your May 7,2002, letter regarding the renewal of the operating licenses for the Farley Nuclear Plant (FNP) Units I and 2. Thank you for giving us the opportunity to comment on the project so early in the application process. We have considered the project and submit the following with respect to possible effects on the threatened Gulf sturgeon (Acipenser txyrinchus dewotoo, listed September 30, 1991 under the Endangered Species Act (ESA).

The FNP is located on the Chattahoochee River which is a part of the Apalachicola-Chattahoochee-Flint river systcm. The Chattahoochee and the Flint rivers join near the Florida/Georgia state borders and form Lake Seminole which then drains through the Jim Woodruff Lock and Darn (JWLD) into the Apalachicola River. Although there are numerous reports of Gulf sturgeon in the Chattahoochee and Flint rivers prior to the construction of the JWLD, no evidence exists that Gulf sturgeon pass through the JWLD system. Therefore it is likely that the JWLD precludes any passage of the Gulf sturgeon from the Apalachicola River into Lake Seminole and contiguous rivers.

Critical habitat was proposed for the Gulfsturgeon on June 6, 2002, (67 FR 39105). The Apalachicola River (from its mainstem beginning at the JWLD downstream to its discharge at Apalachicola Bay, Florida, including all Apalachicola River distributaries) was included in the proposed Gulf sturgeon critical habitat designation. This inclusion as proposed critical habitat demonstrates the Apalachicola's essential role in the conservation of the Gulf sturgeon.

Rivcrine spawning sites were identified as a constituent element (essential for conservation) in the proposed Gulfsturgeon critical habitat designation. Gulfsturgeon require specific substrate suitable for egg deposition and development such as limestone outcrops and cut limestone banks, bedrock, large gravel or cobble beds, marl, soapstone or hard clay. Because the Gulf sturgeon were abundant in the Chattahoochee prior to construction of the JWLD, suitable habitat was Joseph M. Farley Nuclear Plant C-1 17 September 2003 Application for License Renewal

Appendix D - Applicant's Environmental Report Attachment C Special-Status Species Correspondence evidently available in the river. Currently the distribution and availability of appropriate Gulf sturgeon spawning habitat in the Chattahoochee River is unknown.

We recommend FNP initiate a reconnaissance study to investigate the availability and distribution of appropriate Gulf sturgeon spawning habitat in the lower Chattahoochee River.

NMFS would be happy to participate in the design of such a study and the results would immediately assist in our efforts to conserve the Gulf sturgeon.

NMFS also recommends that you contract the U.S. Fish and Wildlife Service (FWS) for their concurrence with your determination that license renewal would not effect listed species, and that formal consultation in the license renewal application would not be necessary. Although the Gulf sturgeon is jointly managed by FWS and NMFS, division ofjurisdictional resp6nsibilities was proposed in the June 6 critical habitat designation. In the proposed rule (67 FR 39105, June 6, 2002), consultation coordination was proposed as follows: FWS is responsible for all riverine actions, consultations for estuarine activities are to be directed to either FWS or NMFS based on action agency, and NMFS is responsible for all consultations in marine areas. Therefore, because of location, section 7 consultation for the FNP is likely to fall within FWS jurisdiction.

We look forward to working with the Southern Nuclear Operating Company, Inc. and the FNP in conserving our endangered and threatened resources. If you have any questions, please contact Dr. Stephania Bolden, fishery biologist, at (727) 570 --5312 or by e-mail at stephaniabolden

@noaa.gov.

Sincer a Georgia Crarunore Assistant Regional Administrator for Protected Resources cc

F/PR3 FWS - Panama City Ref: I/SER12002/00498 o:\scction7\informnal\sturgeon\farleynuclear.wpd File: 1514-22.o. (NRC) 2 Joseph M. Farley Nuclear Plant C-1 18 September 2003 Application for License Renewal