ML081280307

U.S. Fish and Wildlife Service Letter Three Mile Island License Renewal Application Review

ML081280307
Person / Time
Site:	Three Mile Island
Issue date:	04/23/2008
From:	Densmore D US Dept of Interior, Fish & Wildlife Service
To:	Lund A NRC/NRR/ADRO/DLR
References
2007-1764
Download: ML081280307 (4)

Text

FISI! VWILDLIFE SERVICE United States Department of the Interior FISH AND WILDLIFE SERVICE Pennsylvania Field Office 315 South Allen Street, Suite 322 State College, Pennsylvania 16801-4850 April 23, 2008 Louise Lund, Branch Chief Projects Branch 1 Division of License Renewal Office of Nuclear Reactor Regulation Nuclear Regulatory Commission Washington, D.C. 20555-0001 Re: Three Mile Island Nuclear Station, Unit 1, License Renewal Application Review USFWS Project #2007-1764

Dear Ms. Lund:

This responds to your April 4, 2008, letter requesting information on threatened or endangered species or other natural resources of concern in the referenced project area. The following comment's are provided pursuant to the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) to ensure the protection of endangered and threatened species, and the Bald and Golden Eagle Protection Act (Eagle Act; 16 U.S.C. 668-668d).

Federally Listed Threatened or Endangered Species Except for occasional transient species, no federally listed or proposed threatened or endangered species under our jurisdiction are known to occur within the project impact area. Therefore, based on currently available information, no biological assessment or further consultation under the Endangered Species Act is required with the Fish and Wildlife Service. Should project plans change, or if additional information on listed or proposed species becomes available, this determination may be reconsidered.

Bald Eagle In a letter to Michael Gallagher of AmerGen (copy enclosed), dated June 7, 2007, we advised that a bald eagle nest is located on the west side of the Susquehanna River to the northwest of the Three Mile Island facility. At the time, the bald eagle was federally listed as threatened.

However, the Fish and Wildlife Service has since published a final rulemaking to remove the bald eagle from the federal List of Endangeredand Threatened Wildlife on July 9, 2007 (Federal Register, Vol. 72, No. 130). This rule became effective on August 8, 2007. Although the bald

eagle no longer receives protection under the Endangered Species Act, it continues to be protected under the Eagle Act and the Migratory Bird Treaty Act. Both acts protect bald eagles by prohibiting killing, selling or otherwise harming eagles, their nests or eggs. The Eagle Act also protects eagles from disturbance. Disturb means to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior.

The Service has developed National Bald Eagle Management Guidelines to advise landowners, land managers and others who share public and private lands with bald eagles when and under what circumstances the protective provisions of the Eagle Act may apply to their activities. The Guidelines include general reconmmendations for land management practices that will benefit bald eagles; however, the document is intended primarily as a tool to provide those who seek information and recommendations regarding how to avoid disturbing bald eagles. Adherence to the Guidelines will benefit individuals, agencies, organizations and companies by helping them*

avoid violations of the law. The Guidelines can be found at http://www.fws.gov/migratorvbirds/

baldeagle.htm; any questions about the Guidelines or how they would apply to a particular project, can be directed to this office.

Transmission lines and their support structures within or close to the shores of the river would be ideal perching locations for foraging eagles. If the lines are not already equipped with features to prevent raptor electrocution and collisions, we recommend that any future~upgrades be designed following the Suggested Practicesfor Avian Protection on Power Lines: The State of the Art in 2006 (available from the Avian Power Line Interaction Committee at http://www.aplic.org).

Based on our review of the proposed project, it is our determination that this project will not disturb bald eagles. Because rio take or disturbance is anticipated, none is authorized. If project plans change, please contact the Service to determine whether or not the project modifications will result in effects to bald eagles that may necessitate an Eagle Act permit or Endangered Species Act authorization.

Thank you for the opportunity to comment. Please direct any questions regarding this matter to Cindy Tibbott of my staff at 814-234-4090.

Sincerely, David Densmore Supervisor Enclosures 2

Cc:

Michael Gallagher, AmerGen, 200 Exelon Way, KSA/2-E, Kennett Square, PA 19348 CTibbott:clt 4/15/08 P:\Drafts\Drafts 2008\2007-1764 Three Mile Island.doc 3

United States Department of the Interior FISH AND W[LDLIFE SERVICE NCH 3 ZPennsylvania Field Office 315 South Allen Street, Suite 322 State College, Pennsylvania 16801-4850 June 7, 2007 Michael Gallagher AmerGen 200 Exelon Way KSA!2-E Kennett Square, PA 19348 RE: USFWS Project #2007-1764

Dear Mr. Gallagher:

This responds to your letter of May 22, 2007, requesting information about federally listed and proposed endangered and threatened species within the area affected by the Three Mile Island Nuclear Station Unit 1 License Renewal, located in Lancaster, Dauphin and York Counties, Pennsylvania. The following comments are provided pursuant to the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) to ensure the protection of endangered and threatened species.

A nest of the federally listed, threshold bald eagle (Haliaeetusleucocephalus) is located on the west side of the Susquehanna River to the northwest of the proposed project. Based on the nature and scale of project activities, and the distance of these activities from the nest, we do not anticipate that bald eagleswill be adversely affected.

The Fish and Wildlife Service proposed to remove the bald eagle from the federal List of Endangeredand Threatened Wildlife on July 6, 1999 (FederalRegister, Vol. 64, No. 128), but final action on that proposal has not been taken. Therefore, the bald eagle continues to be listed under the Endangered Species Act. Any changes in the regulatory status of the bald eagle can be monitored by accessing our web site at http://www.fws.gov/migratorvbirds/baldeagle.htm.

If the bald eagle is delisted, it will no longer receive protection under the Endangered Species Act, but it will continue to be protected by the Bald and Golden Eagle Protection Act (Eagle Act) and the Migratory Bird Treaty Act (MBTA). Both acts protect bald eagles by prohibiting killing, selling or otherwise harming eagles, their nests or eggs. The Eagle Act also protects eagles from disturbance.

On June 4, 2007, the Service released several important documents related to the protection of bald eagles under the Eagle Act, including 1) a final rule establishing a regulatory definition of