ML110390454
"Draft Supplement" is not in the list (Request, Draft Request, Supplement, Acceptance Review, Meeting, Withholding Request, Withholding Request Acceptance, RAI, Draft RAI, Draft Response to RAI, ...) of allowed values for the "Project stage" property.
| ML110390454 | |
| Person / Time | |
|---|---|
| Site: | Salem, Hope Creek  |
| Issue date: | 01/14/2011 |
| From: | Raddant A US Dept of Interior, Office of the Secretary |
| To: | Bo Pham Division of License Renewal |
| References | |
| FOIA/PA-2011-0113 | |
| Download: ML110390454 (45) | |
Text
United States Department of the Interior OFFICE OF THE SECRETARY TAKE PRIDEO HOffice of Environmental Policy and Compliance INAM ERICA 408 Atlantic Avenue - Room 142 Boston, Massachusetts 02110-3334 January 14, 2011 9043.1 ER 10/926 Bo Pham, Chief Project Branch 1, Division of License Renewal Office of Nuclear Reactor Regulation Nuclear Regulatory Commission Washington, D.C. 20555-0001 Attn: Leslie Perkins RE:
COMMENTS Draft Environmental Impact Statement for License Renewal of Nuclear Plants, Regarding Hope Creek Generating Station and Salem Nuclear Generating Station, Units 1 and 2, Supplement 45 to NUREG-1437, Lower Alloway Creek Township, Salem County, New Jersey
Dear Mr. Pham:
The U. S. Department of the Interior (Department) has reviewed the October 2010 Draft Plant-Specific Supplement 45 to the Generic Environmental Impact Statement for License Renewal for the Hope Creek Generating Station and Salem Nuclear Generating Station, Units 1 and 2 (draft SEIS). The generating stations are located on Artificial Island in Lower Alloway Creek Township, Salem County, New Jersey. Notice of availability for the draft SEIS was published in the October 29, 2010, Federal Register (Vol. 75, No. 209, page 66756). PSEG Nuclear, LLC (PSEG Nuclear) has applied to the U.S. Nuclear Regulatory Commission (NRC) for renewal of the operating licenses for these plants, which expire in 2016 (Salem Unit 1), 2020 (Salem Unit 2), and 2026 (Hope). License renewal would extend the operating period of each reactor for an additional 20 years. Four existing 500-kV transmission lines emanate from the plants and extend along southern Salem, Gloucester, and Camden Counties in New Jersey and into New Castle County in Delaware. The proposed relicensing would not involve any expansion of existing facilities, structural modifications or other refurbishments, or change in existing management practices for the plants or the lines. This response does not address any proposals for construction of new or expanded facilities.
AUTHORITY This response is pursuant to the National Environmental Policy Act of 1969 as amended (83 Stat.
852; 42 U.S.C. 4321 etseq.); the Fish and Wildlife Coordination Act (48 Stat. 401; 16 U.S.C.
2 661 et seq.); Section 7 of the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 etseq.) (ESA); the Bald and Golden Eagle Protection Act (54 Stat. 250; 16 U.S.C.
668-668d) (Eagle Act); and the Migratory Bird Treaty Act of 1918 (40 Stat. 755, as amended; 16 U.S.C. 703-712).
FEDERALLY LISTED SPECIES The Department's U.S. Fish and Wildlife Service (FWS) provided relevant information and recommendations regarding federally listed species via letters dated September 9, 2009; November 4, 2009; and June 29, 2010 (enclosed). No federally listed species under FWS jurisdiction are known to occur in the vicinity of the existing Salem or Hope Generating Stations.
However, known occurrences and other areas of potential habitat for the federally listed (threatened) swamp pink (Helonias bullata), and areas of potential habitat for-the federally listed (threatened) bog turtle (Clemmys muhlenbergii), occur along the Hope Creek/Salem to New Freedom and Salem to New Freedom South transmission lines.
Via letter dated October 23, 2009 (enclosed), Public Service Electric and Gas Company (PSE&G) adopted several conservation measures to avoid adverse effects to federally listed and candidate species from State-mandated vegetation management and other maintenance activities along its transmission system throughout New Jersey, including the four transmission lines emanating from the Salem and Hope Creek Generating Stations. FWS concurred with those conservation measures in its letter of November 4, 2009.
FWS previously recommended that NRC include of all PSE&G's adopted conservation measures in the SEIS, and as conditions of any renewed license. This recommendation is not reflected in the draft SEIS. During a January 4, 2011, conference call, NRC clarified that PSE&G is a wholly separate company from PSEG Nuclear, and is not subject to any provisions of PSEG Nuclear's license to operate the Salem and Hope Creek Generating Stations. On the call, FWS indicated that PSE&G's continued adherence to acceptable conservation measures along the Hope Creek/Salem to New Freedom and Salem to New Freedom South transmission lines is essential to avoiding adverse impacts to federally listed species. The Department requests that NRC clarify potential effect in the final SEIS, and acknowledge that it must reinitiate Section 7 consultation for the continued operation of the Salem and Hope Creek Generating Stations if PSE&G should ever terminate its implementation of acceptable conservation measures along the transmission lines.
BALD EAGLE AND MIGRATORY BIRDS In their September 9, 2009, letter, FWS provided recommendations regarding the bald eagle (Haliaeetus leucocephalus) and other migratory birds. The FWS recommendations are not reflected in the draft SEIS. The Department requests that NRC address requirements of the Eagle Act in the final SEIS, specifically the need for PSEG Nuclear to follow the National Bald Eagle Management Guidelines (Guidelines) in managing any future eagle activity in the vicinity of the Salem and Hope Creek Generating Stations. The final SEIS should also note that numerous areas of bald eagle nesting, foraging, and wintering habitat are mapped along the subject transmission lines. In correspondence of October 23, 2009, PSE&G agreed to notify FWS if the Guidelines cannot be followed in the course of transmission line maintenance. The
3 Department also requests that final SEIS address FWS's recommendations to minimize electrocution, collision risks to migratory birds and time of year restrictions for any tree clearing.
AQUATIC RESOURCES The Department is concerned that the continued re-licensing of the PSEG Nuclear plants will impact fish and wildlife resources associated with the continued operation of the project. During the initial project construction, and subsequent New Jersey Department of Environmental Protection Water Quality Permits (pursuant to the Clean Water Act), it was anticipated that numerous fish and wildlife resources would be impacted from the intake of up to 3 billion gallons of water per day for plant cooling needs. Estimates based on PSEG Nuclear's impingement and entrainment data indicate over 6 million pounds annually of fish and other marine life from the Delaware Bay are lost annually as a result of plant operation. The applicant asserted that the FWS's preferred alternative (installation of cooling towers) was not economically viable and instead developed an Estuarine Enhancement Program (EEP) feature for the life of the plant. The FWS requests that additional project features commensurate with project impacts be added to the existing EEP for implementation until such time that the project is finally closed.
CONCLUSION Continued operation of the Salem and Hope Creek Generating Stations is not likely to adversely affect the federally listed swamp pink and bog turtle. A key factor in this concurrence is PSE&G's continued adherence to conservation measures along the transmission lines that emanate from these plants. The Department requests that NRC clarify this situation in the final SEIS, and acknowledge that it must reinitiate Section 7 consultation for the continued operation of the Salem and Hope Creek Generating Stations if PSE&G should ever terminate its implementation of acceptable conservation measures along the transmission lines. The Department also requests NRC's attention to FWS recommendations to protect the bald eagle and other migratory birds. Additional project features should be added to the existing EEP, if the project continues to operate past the current license Thank you for the opportunity to review and comment on this DEIS. If you need further information, please contact Ron Popowski (FWS) at (609) 241-7065. Please contact me at (617) 223-8565 if I can be of assistance.
Sincerely, Andrew L. Raddant Regional Environmental Officer Enclosures
United States Department of the Interior FISH AND WILDLIFE SERVICE New Jersey Field Office Ecological Services In Reply Refer To:
927 North Main Street, Building D Pleasantville, New Jersey 08232 2010-1-0417 Tel: 609/646 9310 Fax: 609/646 0352 http://www.fws.gov/northeast/iijficldoffice/
JUN 2 9 2010 Bo Pham, Chief Project Branch 1, Division of License Renewal Office of Nuclear Reactor Regulation Nuclear Regulatory Commission Washington, D.C. 20555-0001
Dear Mr. Pham:
The U.S. Fish and Wildlife Service (Service) has reviewed your December 23, 2009 request for information on the presence of federally listed endangered and threatened species in the vicinity of the existing Salem and Hope Creek Generating Stations located oil Artificial Island in Lower Alloways Creek Township, Salem County, New Jersey. PSEG Nuclear LLC (PSEG) has applied to the U.S. Nuclear Regulatory Commission (NRC) for renewal of the operating licenses for these plants, which expire in 2016 (Salem Unit 1), 2020 (Salem Unit 2), and 2026 (Hope).
License renewal would extend the operating period of each reactor for an additional 20 years.
This letter addresses federally listed species in the vicinity of the Salem and Hope plants as well as four existing 500-kV transmission lines that emanate from the plants and extend along southern Salem, Gloucester, and Camden Counties in New Jersey and into New Castle County in Delaware. The proposed relicensing would not involve any expansion of existing facilities, structural modifications or other refurbishments, or change in existing management practices for the plants or the lines. This response has been coordinated with the Service's Chesapeake Bay Field Office regarding the portion of one transmission line that cross into Delaware. This response does not address all Service concerns for wildlife resources, nor any proposals for construction of new or expanded facilities.
AUTHORITY This response is pursuant to Section 7 of the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 etseq.) (ESA) to ensure the protection of federally listed endangered and threatened species. These comments do not preclude separate review and comments by the Service pursuant to the National Environmental Policy Act of 1969 as amended (83 Stat. 852; 42 U.S.C. 4321 el seq.); the Bald and Golden Eagle Protection Act (54 Stat. 250; 16 U.S.C. 668-668d); or the December 22, 1993 Memorandum of Agreement among the U.S. Environmental Protection Agency, New Jersey Department of Environmental Protection (NJDEP), and the Service, if project implementation requires a permit from the NJDEP pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B et seq.).
FEDERALLY LISTED SPECIES Via letter to PSEG dated September 9, 2009 (enclosed), the Service indicated that no federally listed species under Service jurisdiction are known to occur in the vicinity of the existing Salem or Hope Generating Stations.
Known occurrences and other areas of potential habitat for the federally listed (threatened) swamp pink (Helonias bullata), and areas of potential habitat for the federally listed (threatened) bog turtle (Clemmys muhlenbergii), occur along the Hope Creek/Salem to New Freedom and Salem to New Freedom South transmission lines.
Via letter dated October 23, 2009, PSEG adopted several conservation measures to avoid adverse effects to federally listed and candidate species from maintenance practices (including State-mandated vegetation control) along its transmission system throughout New Jersey, including the four transmission lines emanating from the Salem and Hope Creek Generating Stations. Based on these conservation measures, the Service concurred that PSEG's continued maintenance of its transmission lines in New Jersey is not likely to adversely affect federally listed Or candidate species (see enclosed letter dated November 4, 2009).
The Service recommends inclusion of all adopted conservation measures in the Supplemental Environmental Impact Statement, and as conditions of any renewed NRC license.
OTHER SERVICE CONCERNS Please see our September 9, 2009 letter for Service recommendations regarding the bald eagle (Ha/laee/us leucocephalus) and migratory birds.
CONCLUSION The Service recommends inclusion of PSEG's adopted conservation measures for transmission line maintenance in the Supplemental Environmental Impact Statement, and as conditions of any renewed NRC license. We appreciate NRC's attention to our recommendations to protect the bald eagle and migratory birds.
Please contact Wendy Walsh at (609) 383-3938, extension 48, if you have any questions or require further assistance regarding federally listed threatened or endangered species.
Sincerely, Ron Popowski Assistant Supervisor 2
EUnited States Department of the Interior C 3c FISH AND WILDLIFE SERVICE New Jersey Field Office fi, Reply Rel, to:
Ecological Services 927 North Main Street, Building D Pleasantville, New Jersey 08232 2009-1-0707 Tel: 609/646 9310 Fax: 609/646 0352 http://www.fws.gov/northeast/njfieldoffice Raymond A. Tripodi, Manager Corporate Licenses and Permits PSEG Services Corporation 80 Park Plaza, T17 Newark, New Jersey 07102-4194 Attention: Dr. David Grossmueller
Dear Mr. Tripodi:
The U.S. Fish and Wildlife Service (Service) has reviewed your October 23, 2009 letter adopting conservation measurcs for federally listed species that Public Service Electric and Gas Company (PSE&G) will implement during vegetation maintenance activities within its existing electric transmission Right-of-Way (ROW) system, which is located in Sussex, Passaic, Bergen, Warren, Morris, Essex, Hudson, Flunterdon, Somerset, Union, Middlesex, Mercer, Burlington, Camden, Gloucester, and Salem Counties, New Jersey. PSE&G has applied to the New Jersey Department of Environmental Protection (NJDEP) for renewal of a general permit (000-02-0031.2) under the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B el seq.) to authorize vegetation maintenance within the PSE&G transmission system through 2014. PSE&G's adopted conservation measures were developed in coordination with the Service, pursuant to the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) and the Bald and Golden Eagle Protection Act (54 Stat. 250; 16 U.S.C. 668-668d). The conservation measures refer to transmission system segments (spans) that have been identified by the Service as habitat. for federally listed and candidate species. This information was transmitted to PSE&G as a GIS shapefile via electronic mail on September 30, 2009.
Based upon PSE&G's adoption of the conservation measures listed in your October 23, 2009 letter, the Service concurs that continued vegetation maintenance activities within the transmission system are not likely to adversely affect federally listed or candidate species. The conservation measures also include practices to avoid or minimize adverse impacts to bald eagles, other migratory birds, Great Swamp National Wildlife Refuge, and wetlands. The Service appreciates the cooperation of PSE&G to develop and adopt these measures. As described in your October 23, 2009 letter, PSE&G will coordinate annually with the Service to determine if any new locations or information regarding federally listed species has become available, and to consider if any of the conservation measures require modification.
Please contact Wendy Walsh at (609) 383-3938, extension 48, if you have any questions or require further assistance regarding federally listed threatened or endangered species.
Sincerely, Acting Su ervisor cc:
Linda Fisher, DLUR Larry Torok, DLUR Steve Henry, Great Swamp NWR Coop Chavis, OLE Jorris Naiman, DOI Solicitor 2
Environmental Health & Safety 80 Pak Plaza, T17 Navark, NJ 07102-4194 Tel: 973.430.7000 Fax: 973.624.9047 OP-SEG Services Corporagion October 23, 2009 Ms. Wendy Walsh U.S. Fish and Wildlife Service New Jersey Field Office 927 North Main Street Heritage Square, Building D Pleasantville, New Jersey 08232 RE:
PUBLIC SERVICE ELECTRIC AND GAS COMPANY (PSE&G)
FRESHWATER WETLANDS PERMIT NO. 000-02-0031.2 ENDANGERED SPECIES COMPLIANCE DURING ELECTRIC TRANSMISSION RIGHT-OF WAY VEGETATION MAINTENANCE ACTIVITIES
Dear Ms. Walsh:
Pursuant to your August 19, 2009 electronic mail correspondence, your May 28, 2008 letter, and subsequent coordination regarding vegetation maintenance along Public Service Electric and Gas Company (PSE&G) electric transmission Rights-of-Way (ROW), PSE&G Is providing this letter to confirm our commitment to protecting both Federally and State listed threatened and endangered species. As discussed during our meeting of August 19, 2009, PSE&G is working to shift from vegetation maintenance which requires extensive tree cutting to one which maintains the ROWs by mowing brush and eventually grasses. As the new maintenance program continues, it is hoped that ROWs overgrown with woody vegetation will become the exception rather than the norm. PSE&G adopts the conservation measures recommended by the U.S. Fish and Wildlife Service (USFWS) for each species as follows:
Indiana Bat PSE&G will maintain a seasonal restriction on cutting trees greater than five (5) inches in diameter at breast height (dbh) from April 1 through November 15 in those spans identified by the USFWS as hibernacula foraging habitat (HI) and as hibernacula and maternity colony foraging habitat (HIMA).
" In spans identified as maternity colony foraging habitat (MA), PSE&G will maintain a seasonal restriction on cutting trees greater than five (5) inches in diameter at breast height (dbh) from April 1 through September 30.
PSE&G does not believe it can fully implement USFWS's recommendation to"notify the Service before cutting any suitable roost tree at any time of year." The main purpose for PSE&G's application for the GP-1 was to obtain pre-approval for' its vegetative maintenance activities in an attempt to avoid impact to Federal and/or State protected species, avoid numerous independent submittals to Federal and State regulators, and
avoid down time to PSE&G's work schedule while awaiting regulatory response. In consideration of the numerous seasonal tree cutting restrictions, which in certain areas ae~d.ucetha.nul._cutting season to 30 days, a notification / response requirement would adversely impact PSE&G's ability to complete its other regulatory obligations. As you are aware, the New Jersey Public Board of Utilities (NJBPU) regulations required PSE&G to clear its ROWs of woody vegetation (greater than three (3) feet) under the power lines and no woody vegetation greater then 15 feet in the areas adjacent to the power lines. However, within hibernation (HI) and/or maternity areas (MA), PSE&G will make every effort to trim and/or girdle (with or without herbicide) suitable roost trees instead of removing them, to the extent possible given the NJBPU vegetative maintenance requirements, Suitable roost trees are described in the USFWS document "Characteristics of Indiana Bat Summer Habitat."
For spans marked as occurring within thq Geographic Range of the bats (P), PSE&G will not cut more than five (5) trees greater than five (5) inches In diameter at breast height (dbh) per linear mile between April 1 and September 30 unless such a tree is found to exist at a height determined to pose a hazard to system reliability and/or PSE&G would violate its other regulatory obligations.
Under such circumstances, PSE&G will notify USFWS of the tree location and our intention to cut or trim, and will implement additional site-specific USFWS recommendations if possible.
Bog Turtle PSE&G will utilize a recognized, qualified bog turtle surveyor to examine spans identified by the USFWS as potential habitat (P) or an extant occurrence (E) of the bog turtle.
Areas identified by the surveyor as suitable bog turtle habitat, plus a 150-foot buffer, will be flagged prior to any vegetation maintenance activities being conducted in that span, and a recognized, qualified bog turtle surveyor will be on-site during maintenance activities In flagged areas.
" PSE&G will conduct all maintenance activities by hand within flagged areas; will avoid stepping on hummocks or tussocks when working in flagged areas; will not allow the use of motorized equipment in flagged areas; and will not allow the storage of materials or equipment in flagged areas.
PSE&G will remove woody vegetation within the flagged areas by hand between October 15 and March 31; will not pull woody vegetation out by the roots in the flagged areas to prevent disturbing potential hibernacula; and will use only glyphdsate-based herbicides applied manually and directly to stumps in the flagged areas.
All flagging will be removed upon completion of work ir the area.
" PSE&G will not apply herbicide in known nesting areas between June 1 and August 30 to protect the habitat. Known nesting areas include all flagged areas associated with an extant occurrence (E) of the bog turtle as identified by the USFWS and/or observation of an actual bog turtle in the field.
In accordance with the timing restrictions set forth in the New Jersey Department of Environmental Protection's (NJDEP) existing "Utility Right-of-Way No-Harm Best Management Practices (2009)" PSE&G will avoid disturbance in areas identified by the USFWS and confirmed by a recognized, qualified surveyor as known or suitable bog
turtle habitat during nesting (May 1 - June 30). PSE&G will follow all other applicable bog turtle provisions of the most current version of the "Utility Right-of-Way No-Harm Best-ManagemenLP-ractices.,'-in.clu.ding-any-prrovisions-tha-a-e-rr-L5 ei-r-eestrtitiye-tban.....
those listed above.
Upon completion of recognized, qualified bog turtle surveyor's results report, PSE&G will forward a copy to USFWS for its files.
Swamp Pink On ROW spans identified by USFWS as potential habitat (P) or an extant occurrence (E) of swamp pink, PSE&G will utilize a qualified botanist to survey any suitable forested wetland habitat on and adjacent to the ROW for the presence or absence of swamp pink. Survey reports will be provided to USFWS as surveys are completed.
PSE&G will utilize a qualified botanist to flag a 200 foot radius around any identified swamp pink population and no maintenance activities of any kind will be initiated within the flagged areas without USFWS approval.
All flagging will be removed upon completion of work in the area.
Herbicide application within 500 feet of a known population will be to woody stumps only, and will be conducted manually.
Dwarf Wedgemussel PSE&G will conduct all vegetation maintenance activities by hand within 300 feet of streams identified by USFWS as potential habitat (P) for the dwarf wedgemussel.
If herbicide is necessary in these areas, application will be to woody stumps only and will be conducted manually.
Small Whorled Pogonla PSE&G will conduct a preliminary habitat assessment along spans Identified'by USFWS as potential habitat (P) for small whorled pogonla to determine if any areas of suitable upland woods are designated for removal. If so, PSE&G will arrange for a qualified botanist to survey such woods for the presence or absence of this species between late July and mid-September (before frost).
The habitat assessment and results of any survey will be provided to USFWS upon completion of the survey. Further consultation will be conducted if any small whorled pogonia plants are found.
Other Listed Plants In spans identified by USFWS as potential habitat (P) for Knieskern's beaked-rush, American chaffseed, and/or sensitive joint vetch, PSE&G will not use herbicide and will raise mower blades to at least 6 inches above the ground. PSE&G does not perform.
vegetative maintenance activities in the tidal marshes required by sensitive joint vetch.
Bog Asphodel PSE&G will arrange for a qualified botanist to survey suitable habitats In and 'adjacent to spans identified by USFWS as potential habitat (P) for bog asphodel for the presence or
absence of this Federal candidate species. Survey results will be provided to USFWS.
Further consultation will be conducted if any bog asphodel plants are found at the
.. c~.,pI.~ o oftbe sur~~.
Bald Eagle It is anticipated that PSE&G will comply with the National Bald Eagle Management.
Guidelines; however, PSE&G wishes to reserve the right to discuss this matter until such time as we complete our review of the Guidelines. PSE&G will notify the USFWS if the Guidelines cannot be implemented, to determine if a permit is required under the Bald and Golden Eagle Protection Act.
" Unless NJDEP indicates otherwise, PSE&G will, in accordance with the timing restrictions set forth in NJDEP's existing "Utility Right-of-Way No-Harm Best Management Practices (2009)," PSE&G avoid disturbance within 1000 feet of areas identified by the NJDEP as eagle nesting and foraging buffers during nesting (December 15 August 31).
It should be noted that the NJDEP Is currently conducting an assessment of PSE.&G's entire electric transmission network in order to identify spans containing State listed plants and animals, including bald eagles.
PSE&G will contact USFWS annually at least 60 days prior to the start of vegetative maintenance activities to request any new information regarding the locations of potential habitat or extant occurrences of federally listed species within its electric transmission system.
During this annual coordination process, the continued implementation of the above-listed conservation measures, with any appropriate modifications, will be confirmed.
It is PSE&G's intention to perform the majority of our transmission vegetation maintenance activitlis between October 1 through March 31 so as to accommodate the timing restrictions for most Federal and State threatened and endangered species.
Conducting maintenance during these winter months will also minimize impacts to nesting birds, which are protected under the Migratory Bird Treaty Act. As an additional best management practice to protect natural resources, PSE&G will raise mower blades to at least 6 inches above the ground in any areas authorized by NJDEP to use motorized equipment in wetlands.
In addition, PSE&G is exploring the potential to mark electric transmission structures) indicating spans with environmental restrictions which include, but are not limited to: areas which do not receive mechanized maintenance; areas with threatened and endangered species timing restrictions, wetlands, streams and riparian zones; and areas which require maintenance activities be conducted by hand.
PSE&G is exploring several methods of marking electric transmission structures and will keep the USFWS updated on the process.
As a final item, PSE&G has been working with the USFWS personnel at the Great Swamp National Wildlife Refuge (GSNWR) to restore bog turtle habitat. Refuge staff have. expressed an interest in participating in common reed eradication projects along the ROW within the Refuge.
To date, Refuge staff members have not expressed any preferred vegetation management practices however PSE&G will continue to coordinate directly with Refuge staff to develop vegetation management tools which complement the management goals of the Refuge.
PSE&G will include a discussion of future vegetative maintenance practices within GSNWR in the final restoration plan that will be developed in cooperation with Refuge staff.
If you have any questions or require additional information, please contact Dr. David Grossmueller of our offices at (973) 430-5228.
Very truly yours, Raymond A. Tripodi Manager - Corporate Licenses and Permits cc:
Larry Torok, NJDEP Linder Fisher, NJDEP
United States Department of the Interior SFISH AND WILDLIFE SERVICE New Jersey Field Office I v Ecological Services 927 North Main Street. Building D Pleasantville, New Jersey 08232 2009-1-0417 Tel: 609/646 93 10 Fax: 609/646 0352
-,A h ttlp:/!\\v ww. r'ws.go v/n orthensuInj fi eldo ffi,.e Edward J. Keating, Sr. Environmental Advisor PSEG Nuclear LLC P'.O. Box 236 HI ancocks Bridge, New Jersey 08038-0236
Dear Mr. Keating:
The U.S. Fish and Wildlitfb Service (Service) has reviewed your March 4, 2009 request for information on the presence of tederally listed endangered and threatened species in the vicinity of the existing Salem and Hope Creek Generating Stations located on Artilicial Island in Lower A lloways Creek Township. Salem COuntlny. New Jersey. PSEG Nuclear LLC (PSEG) plaits to apply to the U.S. Nuclear Regulatory Commission (NRC) for renewal of'lhe operating licenses ftor these plants, which expire in 2016 (Salem I Init 1), 2020 (Salem Unit 2), and 2026 (I lope). License renewal would extend the operating period of each reactor,or an additional 20 years.
This letter addresses 'ederl-aly listed species in the vicinity oftlhe Salem and I lope plants as well as fbur existing 500-kV transmission lines that emanate frolll the plants and extend along southern Salem, Gloucester, and Camden Counties in New Jersey and into New Castle Counlty in Delaware. The proposed relicensing would not involve any expansion of existing facilities, slructural modifications oi other refurbishments. or change in existing management practices for the plants or the lines. This response has been coordiiialed wilh the Service's Chesapeake Bay Field OfTice regarding the portion of one traisiissio1i line that cross into Delaware. 'lhis response does not address all Service concerns for wildlifle resources, nor any propcsals 1br1 construction of new or expanded facilities.
A UTII 10R IT\\"
This response is pursuant to Section 7 rhe Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 el seq.) (ESA) to ensure the protection of federally listed endangered and threatened species the 1
,Bald and Golden lEagle Protection Act (54 Stat. 250; 16 U.S.C. 668-668d) (E-agle Act); and the Migratory Bird Treaty Act of 1918 (40 Stat. 755; 16.J.S.C. 703-71 2), as amended. These commenlts do not prchLide separate review and commenls by the Service puIrsuaLit to the National Environmental Policy Act of 1969 as amended (83 Stat. 852, 42 U.S.C. 4321 e/seq.) (NEPA).
FEDERALLY LISTED SPECIES No federally listed species under Service jurisdiction are known to occur in the vicinity of the existing Salem or Hope Generating Stations.
Known occurrences and other areas of potential habitat for the federally listed (threatened) swamp pink (Helonias bullata), and areas of potential habitat for the federally listed (threatened) bog turtle (Clenwys nuhlenbergii), occur along the Hope CreeklSalem to New Freedom and Salem to New Freedom South transmission lines. PSEG's current maintenance practices along these lines, inclUding State-mandated vegetation control, may adversely affect these species.
'['he Service is currently coordinating with PSEG to review all of its 5,402 transmission line spans in New Jersey. When the review is complete, the Service will transmit a Geographic Information System (GIS) layer to PSEG's Environment, Health and Safety Department indicating the presence or potential presence of federally listed species along each span. Concurrent with the Service's review, PSEG is considering written adoption of Service-recommended conservation measures for each federally listed species that could potentially occur along the transmission spans. The Service recommends referencing this coordination process in PSEG's application to the NRC. We also recommend inclusion of all adopted conservation measures in the NEPA documentation for the license renewals. In addition, the Service will recommend inclusion of all adopted conservation measures in PSEG's renewed transmission line maintenance General Pemnit under the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B et seq.).
BALI) EAGLE Numerous areas of nesting., fbraging. and wintering habitat for the bald eagle (Hlaliaeefus leucocephalus) are mapped along the subject transmission lines by the New Jersey Department of Environmental Protection. This species could also occur along the line in Delaware. The bald eagle was removed from the Federal List of Endangcied and Thicatened Wildlie effiective August 8, 2007. The aald eagle continues to be federally protected under the Eagle Act and the Migratory Bird Treaty Act. In addition, the bald eagle remains a State-listed species under the New Jersey Endangered and Nongame Species Conservation Act (N.J.S.A. 23:2A et seq.), which carries protections under the State land use regulation program. Disturbance of bald eagle nests is also prohibited under Delaware State law (7 Del. C. 1953, § 748; 57 Del. Laws. c. 88; 70 Del. Laws, c. 275, §§ 74-77), and new regulations have been proposed in Delaware to strengthen protections for bald eagles. For the continued protection of bald eagles, and to ensure compliance with Federal and State laws, the Service reconmmends managing bald eagles in accordance with the National Bald Eagle Management Guidelines and all applicable State regulations.
Links to New Jersey State agencies and the Guidelines are available on this office's web site at http://www. f,.s.go%'/northeastin ifiel]doffice/Endangered. Intfboration on die bald eagle in Delaware is available fiom the Delaware Natural Heritage and Endangered Species Program; contact infonnation is provided in the enclosed letter from the Chesapeake Bay Field Office.
2
MIGRATORY BIRDS The Migratory Bird Treaty Act prohibits the take of migratory birds, their parts, nests, and eggs, even when incidental to an otherwise lawful activity. To minimize avian electrocution and collision risks, the Service recommends that PSEG mnodify the four subject transmission lines as needed for consistency with the Suggested Practices./br,4vian Protection on Power Lines: The State of the Art in 2006. If necessary, upgrades to the State of.the Art standards can be phased in over time in conjunction with routine maintenance along the lines. If PSEG has not already done so, the Service also recommends preparation of an Avian Protection Plan (APP). The Suggested Practices document is available from the Avian Powerline Interaction Committee (http://www.aplic.or,/). Guidance for preparing APPs is available fiom the Service (http://www.fws.gov/min'atorybirds. under Bird Hazards).
CONCLUSION Further consultation with the Service under Section 7 of the ESA is necessary to evaluate and minimize adverse effects to federally listed species fiom PSEG's current transmission line maintenance practices in New Jersey. The Service appreciates PSEG's cooperation to address impacts from transmission line maintenance on a State-wide basis. We recommend that PSEG reference this effort in its application to NRC, and in NEPA documents f7or the relicensing. The Service recommends that PSEG comply with the above-referenced guidance documents to minimize impacts to the bald eagle and other migratory birds.
Except tier the above-mentioned species, no other federally listed or proposed threatened or endangered flora or fauna are known to occur within the vicinity of the proposed project. U' additional information on listed and proposed species becomes available or if project plans change, this determination may be reconsidered.
Please refer to our web site at http:/!/www.fwkNs.gov/northeast/njfieldo tfce/Endangered! for current lists of federally listed and candidate species in New Jersey. The web site also provides contacts fbr obtaining currenl information regarding State-listed and other species of concern from the New Jersey Natural Heritage and Endangered and Nonganic Species Programs. Contact informnation for the Delaware Natural Heritage and Endangered Species Progr'am is provided in the enclosed letter firom the Chesapeake Bay Field Office.
Please contact Wendy Walsh at (609) 383-3938, extension 48, if you have any questions or require further assistance regarding federally listed th-r'eatened or endangered species.
Sincerely,
/
7
,.7 Acting Supervisor Enclosures 3
United States Department of the Interior OFFICE OF THE SECRETARY TAKE PRIDE*
Office of Environmental Policy and Compliance INAMERICA 408 Atlantic Avenue - Room 142 Boston, Massachusetts 02110-3334 January 14, 2011 9043.1 ER 10/926 Bo Pham, Chief Project Branch 1, Division of License Renewal Office of Nuclear Reactor Regulation Nuclear Regulatory Commission Washington, D.C. 20555-0001 Attn: Leslie Perkins RE:
COMMENTS Draft Environmental Impact Statement for License Renewal of Nuclear Plants, Regarding Hope Creek Generating Station and Salem Nuclear Generating Station, Units 1 and 2, Supplement 45 to NUREG-1437, Lower Alloway Creek Township, Salem County, New Jersey
Dear Mr. Pham:
The U. S. Department of the Interior (Department) has reviewed the October 2010 Draft Plant-Specific Supplement 45 to the Generic Environmental Impact Statement for License Renewal for the Hope Creek Generating Station and Salem Nuclear Generating Station, Units 1 and 2 (draft SEIS). The generating stations are located on Artificial Island in Lower Alloway Creek Township, Salem County, New Jersey. Notice of availability for the draft SEIS was published in the October 29, 2010, Federal Register (Vol. 75, No. 209, page 66756). PSEG Nuclear, LLC (PSEG Nuclear) has applied to the U.S. Nuclear Regulatory Commission (NRC) for renewal of the operating licenses for these plants, which expire in 2016 (Salem Unit 1), 2020 (Salem Unit 2), and 2026 (Hope). License renewal would extend the operating period of each reactor for an additional 20 years. Four existing 500-kV transmission lines emanate from the plants and extend along southern Salem, Gloucester, and Camden Counties in New Jersey and into New Castle County in Delaware. The proposed relicensing would not involve any expansion of existing facilities, structural modifications or other refurbishments, or change in existing management practices for the plants or the lines. This response does not address any proposals for construction of new or expanded facilities.
AUTHORITY This response is pursuant to the National Environmental Policy Act of 1969 as amended (83 Stat.
852; 42 U.S.C. 4321 etseq.); the Fish and Wildlife Coordination Act (48 Stat. 401; 16 U.S.C.
2 661 et seq.); Section 7 of the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) (ESA); the Bald and Golden Eagle Protection Act (54 Stat. 250; 16 U.S.C.
668-668d) (Eagle Act); and the Migratory Bird Treaty Act of 1918 (40 Stat. 755, as amended; 16 U.S.C. 703-712).
FEDERALLY LISTED SPECIES The Department's U.S. Fish and Wildlife Service (FWS) provided relevant information and recommendations regarding federally listed species via letters dated September 9, 2009; November 4, 2009; and June 29, 2010 (enclosed). No federally listed species under FWS jurisdiction are known to occur in the vicinity of the existing Salem or Hope Generating Stations.
However, known occurrences and other areas of potential habitat for the federally listed (threatened) swamp pink (Helonias bullata), and areas of potential habitat for the federally listed (threatened) bog turtle (Clemmys muhlenbergii), occur along the' Hope Creek/Salem to New Freedom and Salem to New Freedom South transmission lines.
Via letter dated October 23, 2009 (enclosed), Public Service Electric and Gas Company (PSE&G) adopted several conservation measures to avoid adverse effects to federally listed and candidate species from State-mandated vegetation management and other maintenance activities along its transmission system throughout New Jersey, including the four transmission lines emanating from the Salem and Hope Creek Generating Stations. FWS concurred with those conservation measures in its letter of November 4, 2009.
FWS previously recommended that NRC include of all PSE&G's adopted conservation measures in the SEIS, and as conditions of any renewed license. This recommendation is not reflected in the draft SEIS. During a January 4, 2011, conference call, NRC clarified that PSE&G is a wholly separate company from PSEG Nuclear, and is not subject to any provisions of PSEG Nuclear's license to operate the Salem and Hope Creek Generating Stations. On the call, FWS indicated that PSE&G's continued adherence to acceptable conservation measures along the Hope Creek/Salem to New Freedom and Salem to New Freedom South transmission lines is essential to avoiding adverse impacts to federally listed species. The Department requests that NRC clarify potential effect in the final SEIS, and acknowledge that it must reinitiate Section 7 consultation for the continued operation of the Salem and Hope Creek Generating Stations if PSE&G should ever terminate its implementation of acceptable conservation measures along the transmission lines.
BALD EAGLE AND MIGRATORY BIRDS In their September 9, 2009, letter, FWS provided recommendations regarding the bald eagle (Haliaeetus leucocephalus) and other migratory birds. The FWS recommendations are not reflected in the draft SEIS. The Department requests that NRC address requirements of the Eagle Act in the final SEIS, specifically the need for PSEG Nuclear to follow the National Bald Eagle Management Guidelines (Guidelines) in managing any future eagle activity in the vicinity of the Salem and Hope Creek Generating Stations. The final SEIS should also note that numerous areas of bald eagle nesting, foraging, and wintering habitat are mapped along the subject transmission lines. In correspondence of October 23, 2009, PSE&G agreed to notify FWS if the Guidelines cannot be followed in the course of transmission line maintenance. The
3 Department also requests that final SEIS address FWS's recommendations to minimize electrocution, collision risks to migratory birds and time of year restrictions for any tree clearing.
AQUATIC RESOURCES The Department is concerned that the continued re-licensing of the PSEG Nuclear plants will impact fish and wildlife resources associated with the continued operation of the project. During the initial project construction, and subsequent New Jersey Department of Environmental Protection Water Quality Permits (pursuant to the Clean Water Act), it was anticipated that numerous fish and wildlife resources would be impacted from the intake of up to 3 billion gallons of water per day for plant cooling needs. Estimates based on PSEG Nuclear's impingement and entrainment data indicate over 6 million pounds annually of fish and other marine life from the Delaware Bay are lost annually as a result of plant operation. The applicant asserted that the FWS's preferred alternative (installation of cooling towers) was not economically viable and instead developed an Estuarine Enhancement Program (EEP) feature for the life of the plant. The FWS requests that additional project features commensurate with project impacts be added to the existing EEP for implementation until such time that the project is finally closed.
CONCLUSION Continued operation of the Salem and Hope Creek Generating Stations is not likely to adversely affect the federally listed swamp pink and bog turtle. A key factor in this concurrence is PSE&G's continued adherence to conservation measures along the transmission lines that emanate from these plants. The Department requests that NRC clarify this situation in the final SEIS, and acknowledge that it must reinitiate Section 7 consultation for the continued operation of the Salem and Hope Creek Generating Stations if PSE&G should ever terminate its implementation of acceptable conservation measures along the transmission lines. The Department also requests NRC's attention to FWS recommendations to protect the bald eagle and other migratory birds. Additional project features should be added to the existing EEP, if the project continues to operate past the current license Thank you for the opportunity to review and comment on this DEIS. If you need further information, please contact Ron Popowski (FWS) at (609) 241-7065. Please contact me at (617) 223-8565 if I can be of assistance.
Sincerely, Andrew L. Raddant Regional Environmental Officer Enclosures
~United States Department of the Interior FISH AND WILDLIFE SERVICE New Jersey Field Office Ecological Services In Reply Refer To:
927 North Main Street, Building D Pleasantville, New Jersey 08232 2010-1-0417 Tel: 609/646 9310 Fax: 609/646 0352 littp://www.fws.gov/northeast/njficldofficc/
JUN 2 9 2010 Bo Pham, Chief Project Branch 1, Division of License Renewal Office of Nuclear Reactor Regulation Nuclear Regulatory Commission Washington, D.C. 20555-0001
Dear Mr. Pham:
The U.S. Fish and Wildlife Service (Service) has reviewed your December 23, 2009 request for information on the presence of federally listed endangered and threatened species in the vicinity of the existing Salem and Hope Creek Generating Stations located on Artificial Island in Lower Alloways Creek Township, Salem County, New Jersey. PSEG Nuclear LLC (PSEG) has applied to the U.S. Nuclear Regulatory Commission (NRC) for renewal of the operating licenses for these plants, which expire in 2016 (Salem Unit 1), 2020 (Salem Unit 2), and 2026 (Hope).
License renewal would extend the operating period of each reactor for an additional 20 years.
This letter addresses federally listed species in the vicinity of the Salem and Hope plants as well as four existing 500-kV transmission lines that emanate from the plants and extend along southern Salem, Gloucester, and Camden Counties in New Jersey and into New Castle County in Delaware. The proposed relicensing would not involve any expansion of existing facilities, structural modifications or other refurbishments, or change in existing management practices for the plants or the lines. This response has been coordinated with the Service's Chesapeake Bay Field Office regarding the portion of one transmission line that cross into Delaware. This response does not address all Service concerns for wildlife resources, nor any proposals for construction of new or expanded facilities.
AUTHORITY This response is pursuant to Section 7 of the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) (ESA) to ensure the protection of federally listed endangered and threatened species. These comments do not preclude separate review and comments by the Service pursuant to the National Environmental Policy Act of 1969 as amended (83 Stat. 852; 42 U.S.C. 4321 et seq.); the Bald and Golden Eagle Protection Act (54 Stat. 250; 16 U.S.C. 668-668d); or the December 22, 1993 Memorandum of Agreement among the U.S. Environmental Protection Agency, New jersey Department of Environmental Protection (NJDEP), and the Service, if project implementation requires a permit from the NJDEP pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B el seq.).
FEDERALLY LISTED SPECIES Via letter to PSEG dated September 9, 2009 (enclosed), the Service indicated that no federally listed species under Service jurisdiction are known to occur in the vicinity of the existing Salem or Hope Generating Stations.
Known occurrences and other areas of potential habitat for the federally listed (threatened) swamp pink (Helonias bullata), and areas of potential habitat for the federally listed (threatened) bog turtle (Clemmys muhlenbergii), occur along the Hope CreeklSalem to New Freedom and Salem to New Freedom South transmission lines.
Via letter dated October 23, 2009, PSEG adopted several conservation measures to avoid adverse effects to federally listed and candidate species from maintenance practices (including State-mandated vegetation control) along its transmission system throughout New Jersey, including the four transmission lines emanating from the Salem and Hope Creek Generating Stations. Based on these conservation measures, the Service concurred that PSEG's continued maintenance of its transmission lines in New.ersey is not likely to adversely affect federally listed or candidate species (see enclosed letter dated November 4, 2009).
The Service recommends inclusion of all adopted conservation measures in the Supplemental Environmental Impact Statement, and as conditions of any renewed NRC license.
OTHER SERVICE CONCERNS Please see our September 9, 2009 letter for Service recommendations regarding the bald eagle (Hlaliaeeius l/ecocephalus) and migratory birds.
CONCLUSION The Service recommends inclusion of PSEG's adopted conservation measures for transmission line maintenance in the Supplemental Environmental Impact Statement. and as conditions of any renewed NRC license. We appreciate NRC's attention to our recomnmendations to protect the bald eagle and migratory birds.
Please contact Wendy Walsh at (609) 383-3938, extension 48, if you have any questions or require further assistance regarding federally listed threatened or endangered species.
Sincerely, Ron Popowski Assistant Supervisor 2
United States Department of the Interior FISH AND WILDLIFE SERVICE New Jersey Field Office in, Reply Referto!
Ecological Services 927 North Main Street, Building D Pleasantville, New Jersey 08232 2009-1-0707 Tel: 609/646 9310 Fax: 609/646 0352 http://www.fws.gov/noitheast/njfieldoffice ip.
Raym-tond A. Tripodi, Manager Corporate Licenses and Permits PSEG Services Corporation 80 Park Plaza, T17 Newark, New Jersey 07102-4194 Attention: Dr. David Grossmueller
Dear Mr. Tripodi:
The U.S. Fish and Wildlife Service (Service) has reviewed your October 23, 2009 letter adopting conservation measurcs for federally listed species that Public Service Electric and Gas Company (PS E&G) will implement during vegetation maintenance activities within its existing electric transmission Right-of-Way (ROW) system, which is located in Sussex, Passaic, Bergen, Warren, Morris, Essex, Hudson, Hunterdon, Somerset, Union, Middlesex, Mercer, Burlington, Camden, Gloucester, and Salem Counties, New Jersey. PSE&G has applied to the New Jersey Department of Environmental Protection (NJDEP) for renewal of a general permit (000-02-003 1.2) under the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B el seq.) to authorize vegetation maintenance within the PSE&G transmission system through 2014. PSE&G's adopted conservation measures were developed in coordination with the Service, pursuant to the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 153 1 et seq.) and the Bald and Golden Eagle Protection Act (54 Stat. 250; 16 U.S.C. 668-668d). The conservation measures refer to transmission system segments (spans) that have been identified by the Service as habitat fbr federally listed and candidate species. This information was transmitted to PSE&G as a GIS shapefile via electronic mail on September 30, 2009.
Based upon PSE&G's adoption of the conservation measures listed in your October 23, 2009 letter, the Service concurs that continued vegetation maintenance activities within the transmission system are not likely to adversely affect federally listed or candidate species, The conservation measures also include practices to avoid or minimize adverse impacts to bald eagles, other migratory birds, Great Swamp National WildliFe Refuge, and wetlands. The Service appreciates the cooperation of PSE&G to develop and adopt these measures. As described in your October 23, 2009 letter, PSE&G will coordinate annually with the Service to determine if any new locations or information regarding federally listed species has become available, and to consider if any of the conservation measures require modification.
Please contact Wendy Walsh at (609) 383-3938, extension 48, if you have any questions or require further assistance regarding federally listed threatened or endangered species.
Sincerely, Acting Survisor cc:
Linda Fisher, DLUR Larry Torok, DLUR Steve Henry, Great Swamrp NWR Coop Chavis, OLE Jorris Naiman, DO] Solicitor 2
Environmental Health & Safety 80 Park Pla*a, T17 Nevark, NJ 07102-4194 Tel: 973,430.7000 Fax: 973,624.9047 O-PSEG Services Corporation October 23, 2009 Ms. Wendy Walsh U.S. Fish and Wildlife Service New Jersey Field Office 927 North Main Street Heritage Square, Building D Pleasantville, New Jersey 08232 RE:
PUBLIC SERVICE ELECTRIC AND GAS COMPANY (PSE&G)
FRESHWATER WETLANDS PERMIT NO. 000-02-0031.2 ENDANGERED SPECIES COMPLIANCE DURING ELECTRIC TRANSMISSION RIGHT-OF WAY VEGETATION MAINTENANCE ACTIVITIES
Dear Ms. Walsh:
Pursuant to your August 19, 2009 electronic mail correspondence, your May 28, 2008 letter, and subsequent coordination regarding vegetation maintenance along Public Service Electric and Gas Company (PSE&G) electric transmission Rights-of-Way (ROW), P8E&G is providing this letter to confirm our commitment to protecting both Federally and State listed threatened and endangered species. As discussed during our meeting of August 19, 2009, PSE&G is working to shift from vegetation maintenance which requires extensive tree cutting to one which maintains the ROWs by mowing brush and eventually grasses. As the new maintenance program continues, it is hoped that ROWs overgrown with woody vegetation will become the exception rather than the norm. PSE&G adopts the conservation measures recommended by the U.S. Fish and Wildlife Service (USFWS) for each species as follows:
Indiana Bat PSE&G will maintain a seasonal restriction on cutting trees greater than five (5) inches in diameter at breast height (dbh) from April 1 through November 15 in those spans identified by the USFWS as hibernacula foraging habitat (HI) and as hibernacula and maternity colony foraging habitat (HIMA).
" In spans identified as maternity colony foraging habitat (MA), PSE&G will maintain a seasonal restriction on cutting trees greater than five (5) inches in diameter at breast height (dbh) from April 1 through September 30.
" PSE&G does not believe it can fully implement USFWS's recommendation to "notify the Service before cutting any suitable roost tree at any time of year." The main purpose for pSE&G's application for the GP-1 was to obtain pre-approval for' its vegetative maintenance activities in an attempt to avoid impact to Federal and/or State protected species, avoid numerous independent submittals to Federal and State regulators, and
avoid down time to PSE&G's work schedule while awaiting regulatory response. In consideration of the numerous seasonal tree cutting restrictions, which in certain areas ca-_re-d.uceQtbýenannuJ-qauqtting season to 30 days, a notification / response requirement would adversely impact PSE&G's ability to complete its other regulatory obligations. As you are aware, the New Jersey Public Board of Utilities (NJBPU) regulations required PSE&G to clear its ROWs of woody vegetation (greater than three (3) feet) under the power lines and no woody vegetation greater then 15 feet in the areas adjacent to the power lines. However, within hibernation (HI) and/or maternity areas (MA), PSE&G will make every effort to trim and/or girdle (with or without herbicide) suitable roost trees instead of removing them, to the extent possible given the NJBPU vegetative maintenance requirements. Suitable roost trees are described in the USFWS document "Characteristics of Indiana Bat Summer Habitat."
For spans marked as occurring within thp Geographic Range of the bats (P), PSE&G will not cut more than five (5) trees greater than five (5) inches in diameter at breast height (dbh) per linear mile between April 1 and September 30 unless such a tree is found to exist at a height determined to pose a hazard to system reliability and/or PSE&G would violate its other regulatory obligations. Under such circumstances, PSE&G will notify USFWS of the tree location and our intention to cut or trim, and will implement additional site-specific USFWS recommendations if possible.
Bog Turtle
" PSE&G will utilize a recognized, qualified bog turtle surveyor to examine spans identified by the USFWS as potential habitat (P) or an extant occurrence (E) of the bog turtle.
Areas identified by the surveyor as suitable bog turtle habitat, plus a 150-foot buffer, will be flagged prior to any vegetation maintenance activities being conducted in that span, and a recognized, qualified bog turtle surveyor will be on-site during maintenance activities in flagged areas.
PSE&G will conduct all maintenance activities by hand within flagged areas; will avoid stepping on hummocks or tussocks when working in flagged areas; will not allow the use of motorized equipment in flagged areas; and will not allow the storage of materials or equipment in flagged areas.
PSE&G will remove woody vegetation within the flagged areas by hand between October 15 and March 31; will not pull woody vegetation out by the roots in the flagged areas to prevent disturbing potential hibernacula; and will use only glyphosate-based herbicides applied manually and directly to stumps in the flagged areas.
" All flagging will be removed upon completion of work irn the area.
PSE&G will not apply herbicide in known nesting areas between June 1 and August 30 to protect the habitat. Known nesting areas include all flagged areas associated with an extant occurrence (E) of the bog turtle as identified by the USFWS and/or observation of an actual bog turtle in the field.
In accordance with the timing restrictions set forth in the New Jersey Department of Environmental Protection's (NJDEP) existing "Utility Right-of-Way No-Harm Best Management Practices (2009)" PSE&G will avoid disturbance in areas identified by the USFWS and confirmed by a recognized, qualified surveyor as known or suitable bog
turtle habitat during nesting (May I - June 30). PSE&G will follow all other applicable bog turtle provisions of the most current version of the "Utility Right-of-Way No-Harm BestManagemenLP-ract i.ces,*n._cl.u ding-ar-y-p.r~o-vis i. s-thatare.*.rae srtct iye-t h_.a n
those listed above.
Upon completion of recognized, qualified bog turtle surveyor's results report, PSE&G will forward a copy to USFWS for its files.
Swamp Pink On ROW spans identified by USFWS as potential habitat (P) or an extant occurrence (E) of swamp pink, PSE&G will utilize a qualified botanist to survey any suitable forested wetland habitat on and adjacent to the ROW for the presence or absence of swamp pink. Survey reports will be provided to USFWS as surveys are completed.
PSE&G will utilize a qualified botanist to flag a 200 foot radius around any identified swamp pink.population and no maintenance activities of any kind will be initiated within the flagged areas without USFWS approval.
All flagging will be removed upon completion of work in the area.
- Herbicide application within 500 feet of a known population will be to woody stumps only, and will be conducted manually, Dwarf Wedgemussel PSE&G will conduct all vegetation maintenance activities by hand within 300 feet of streams identified by USFWS as potential habitat (P) for the dwarf wedgemussel. If herbicide is necessary in these areas, application will be to woody stumps only and will be conducted manually.
Small Whorled Pogonla PSE&G will conduct a preliminary habitat assessment along spans identified'by USFWS as potential habitat (P) for small whorled pogonia to determine if any areas of suitable upland woods are designated for removal. If so, PSE&G will arrange for a qualified botanist to survey such woods for the presence or absence of this species between late July and mid-September (before frost).
The habitat assessment and results of any survey will be provided to USFWS upon completion of the survey. Further consultation will be conducted if any small whorled pogonia plants are found.
Other Listed Plants In spans identified by USFWS as potential habitat (P) for Knieskern's beaked-rush, American chaffseed, and/or sensitive joint vetch, PSE&G will not use herbicide and will raise mower blades to at least 6 inches above the ground. PSE&G does not perform.
vegetative maintenance activities in the tidal marshes required by sensitive joint vetch.
Bog Asphodel PSE&G will arrange for a qualified botanist to survey suitable habitats in and adjacent to spans identified by USFWS as potential habitat (P) for bog asphodel for the presence or
absence of this Federal candidate species. Survey results will be provided to USFWS, Further consultation will be conducted if any bog asphodel plants are found at the Bald Eagle
" It is anticipated that PSE&G will comply with the National Bald Eagle Management.
Guidelines; however, PSE&G wishes to reserve the right to discuss this matter until such time as we complete our review of the Guidelines. PSE&G will notify the USFWS if the Guidelines cannot be implemented, to determine if a permit is required under the Bald and Golden Eagle Protection Act.
" Unless NJDEP indicates otherwise, PSE&G will, in accordance with the timing restrictions set forth in NJDEP's existing "Utility Right-of-Way No-Harm Best Management Practices (2009)," PSE&G avoid disturbance within 1000 feet of areas identified by the NJDEP as eagle nesting and foraging buffers during nesting (December 15 August 31).
It should be noted that the NJDEP Is currently conducting an assessment of PSE*&G's entire electric transmission network in order to identify spans containing State listed plants and animals, including bald eagles.
PSE&G will contact USFWS annually at least 60 days prior to the start of vegetative maintenance activities to request any new information regarding the locations of potential habitat or extant occurrences of federally listed species within its electric transmission system.
During this annual coordination process, the continued implementation of the above-listed conservation measures, with any appropriate modifications, will be confirmed. It is PSE&G's intention to perform the majority of our transmission vegetation maintenance activities between October 1 through March 31 so as to accommodate the timing restrictions for most Federal and State threatened and endangered species.
Conducting maintenance during these winter months will also minimize impacts to nesting birds, which are protected under the Migratory Bird Treaty Act. As an additional best management practice to protect natural resources, PSE&G will raise mower blades to at least 6 inches above the ground in any areas authorized by NJD.EP to use motorized equipment in wetlands.
In addition, PSE&G is exploring the potential to mark electric transmission structures) indicating spans with environmental restrictions which include, but are not limited to: areas which do not receive mechanized maintenance; areas with threatened and endangered species timing restrictions, wetlands, streams and riparian zones; and areas which require maintenance activities be conducted by hand.
PSE&G is exploring several methods of marking electric transmission structures and will keep the USFWS updated on the process.
As a final item, PSE&G has been working with the USFWS personnel at the Great Swamp National Wildlife Refuge (GSNWR) to restore bog turtle habitat. Refuge staff have expressed an interest in participating in common reed eradication projects along the ROW within the Refuge.
To date, Refuge staff members have not expressed any preferred vegetation management practices however PSE&G will continue to coordinate directly with Refuge staff to develop vegetation management tools which complement the management goals of the Refuge.
PSE&G will include a discussion of future vegetative maintenance practices within GSNWR in the final restoration plan that will be developed in cooperation with Refuge staff.
If you have any questions or require additional information, please contact Dr. David Grossmueller of our offices at (973) 430-5228.
Very truly yours, Raymond A. Tripodi Manager - Corporate Licenses and Permits cc:
Larry Torok, NJDEP Linder Fisher, NJDEP
sS4T Or Id Unrited States Department of the Intel FISH AND WILDLIFE SERVICE New Jersey Field Office
- ,, iv
.,,,,Ecological Services 927 North Main Street, Building D 2009-1-0417 Pleasantville, New Jersey 08232 Tel: 609/646 9310 Fax: 609/646 0352 http:/i/ww. fws%.gov/noil heasl/nfi cido liTce Edward J. Keating, Sr. Environmiiental Advisor PSEG Nuclear..LLC P.O. Box 236 1 lancocks Bridge, New Jersey 08038-1)236
Dear Mr. Keating:
The U.S. Fish and Wildlitf Service (Service) has reviewed your March 4, 2009 request for information on (lie presence of [iderally listed endangered and threatened species in the vicinity of the existing Salem and [lope Creek Gener-aling Stations located on Aritiicial Island in Lower Allowlys Creck TOwnship. Salem C0oun11ty. New,Jersey. PSEG Nuclear LLC (PSEG) plans to apply to the U3.S. Nuclcar Regulatory C*mmission (NR'C) for renewal of the operating licenses for these plants, which expire in 2016 (Salem Unit 1 ), 2t)20 (Salem Unit 2), and 2026 (I lope). License renewal wtould extend the operating period of each reactor finl an additional 20 years.
This letter addresses federally listed Species ill the vicinity oflthe Salem and Holpe plants as well as four existinig 500-k V transmission lines fIat emanate rom lithe plants allld extend along southern Salem, GIoucester, and Camden Cout.1ies in New Jersey and into New Castle County in Delawlre. The proposed relicensing would not involve any expansion of existing Facilities, structural modificalions or other rel'urbishments. or change in existing management practices for the plants or the lines. This response has been coordinated wilh the Service's Chesapeake Bay Field Oftice regarding the portion of onre transmission line tihat cross into Delaware. fIhis response does not address all Service concerns for wildlifhe resources, nor any proposals tot construction of new or expanded facilities.
This response is pusuanlt to Section 7 rie Endangered Species Act of 1973 (87 Star. 884, as amended; 16 LU.S.C. 1531 el seq.) (ESA) to ensure the protection of federa*Ily listed endangered and threatened species: the Bald and Gulden E.agle Protcction Act (54 Stat. 250; 16 U.S.C. 668-668d) (-agle Act); and (he Migratory Bird Treaty Act of' 1918 (40 Stat. 755; 16 [I.S.C. 703-712), as amended. These comments (1o 1iol preclude separate review and comments by the Service puIrsLanit to the National Environmental Policy Act of 1969 as amended (83 Stat. 852: 42 U.S.C. 4321 e sesq.) (NEPA).
FEDERALLY LISTED SPECIES No federally listed species under Service jurisdiction are known to occur in the vicinity of the existing Salem or Hope Generating Stations.
Known occurrences and( other areas of potential habitat for the federally listed (threatened) swamp pink (Helonias bullato), and areas of potential habitat for the federally listed (threatened) bog turtle (Clernnys nzuhlenbergii), occur along the Hope CreeklSalern to New Freedom and Salem to New Freedom South transmission lines. PSEG's current maintenance practices along these lines, including State-mandated vegetation control, may adversely affect these species.
The Service is currently coordinating with PSEG to review all of its 5,402 transmission line spans in New Jersey. When the review is complete, the Service will transmit a Geographic Infornation System (GIS) layer to PSEG's Environment, Health and Safety Department indicating the presence or potential presence of federally listed species along each span. Concurrent with the Service's review, PSEG is considering written adoption of Service-recomrmended conservation measures for each federally listed species that could potentially occur along the transmission spans. The Service recommends referencing this coordination process in PSEG's application to the NRC. We also recommend inclusion of all adopted conservation measures in the NEPA documentation for the license renewals. In addition, the Service will recommend inclusion of all adopted conservation measures in PSEG's renewed transmission line maintenance General Permit under the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B el seq.).
BALI) EAGLE Numerous areas of nesting, foraging. and wintering habitat for the bald eagle (H-aliaeetus leucoceplhalhs) are mapped along the subject transmission lines by the New Jersey Department of Environmental Protection. This species could also occur along the line in Delaware. The bald eagle was removed from the Federal List of Endangered and Thicatened Wildlikle effective August 8, 2(07. The aiuad eagle continues to be federally protected under the Eagle Act and the Migratory Bird Treaty Act. In addition, the bald eagle remains a State-listed species Under the New Jersey Endangered and Nongame Species Conservation Act (N.J.S.A. 23:2A et seq.), which carries protections under the State land use regulation program. Disturbance of bald eagle nests is also prohibited under Delaware State law (7 Del. C. 1953, § 748; 57 Del. Laws. c. 88; 70 l)el. laws, c. 275, §§ 74-77), and new regulations have been proposed in Delaware to strengthen protections for bald eagles. For the continued protection of bald eagles, and to ensure comnpliance with Federal and State laws, the Service recommends managing bald eagles in accordance with the National Bald Eagle Management Guidelines and all applicable State regulations.
Links to New Jersey State agencies and the Guidelines are available on this oftice's web site at http://www. fws.goV/northeastlnj fie do fei ce!Endangered. Infbnnation on the bald eagle in Delaware is available from the Delaware Natural Heritage and Endangered Species Program; contact information is provided in the enclosed letter from the Chesapeake Bay Field Office.
2
MIGRATORY BIRDS The Migratory Bird Treaty Act prohibits the take of migratory birds, their parts, nests, and eggs, even when incidental to an otherwise lawful activity. To minimize avian electrocution and collision risks, the Service recommends that PSEG modify the four subject transmission lines as needed for consistency with the Suggested Practices./br Avian Protection on Powner Lines: The State of the Art in 2006. If necessary, upgrades to the State ofthe Art standards can be phased in over time in conjunction with routine maintenance along the lines. If PSEG has not already done so, the Service also recommends preparation of an Avian Protection Plan (APP). The Suggested Practices document is available from the Avian Powerline Interaction Cormrmittee (http://www.aplic.or,/). Guidance for preparing APPs is available firom the Service (http://www.fws.gov/rnig'atorybirds. under Bird Hazards).
CONCLUSION Further consultation with the Service under Section 7 of the ESA is necessary to evaluate and minimize adverse effects to federally listed species f'rom PSEG's current transmission line maintenance practices in New Jersey. The Service appreciates PSEG's cooperation to address impacts from transmission line maintenance on a State-wide basis. We recommernd that PSEG reference this effort in its application to NRC, and in NEPA documents Ifor the relicensing. The Service recommends that PSEG comply wvith the above-referenced guidance documents to minimize impacts to the bald eagle and other migratory birds.
Except f:or the above-mentioned species, no other federally listed or proposed threatened or endangered flora or Fauna are known to occur within the vicinity of the proposed project. If additional information on listed and proposed species becomes available or if project plans change, this determination may be reconsidered.
Please refer to our web site at http://www.tws.gov/northeast/inj fieldotHice/Endangered/ for current lists of federally listed and candidate species in New Jersey. The web site also provides contacts for obtaining current information regarding State-listed and other species of concern fiom the New Jersey Natural Heritage and Endangered and Nongamc Species Programs. Contact informnation for the Delaware Natural Heritage and Endangcred Species Program is provided in the enclosed letter firom the Chesapeake Bay Field Office.
Please contact Wendy Walsh at (609) 383-3938, extension 48, ii you have any questions or require further assistance regarding fiederall, listed threatened or endangered species.
Sincerely.
Acting Supervisor -
Enclosures 3
United States Department of the Interior OFFICE OF THE SECRETARY TAKE PRIDE' Office of Environmental Policy and Compliance INAMERICA 408 Atlantic Avenue - Room 142 Boston, Massachusetts 02110-3334 January 14, 2011 9043.1 ER 10/926 Bo Pham, Chief Project Branch 1, Division of License Renewal Office of Nuclear Reactor Regulation Nuclear Regulatory Commission Washington, D.C. 20555-0001 Attn: Leslie Perkins RE:
COMMENTS Draft Environmental Impact Statement for License Renewal of Nuclear Plants, Regarding Hope Creek Generating Station and Salem Nuclear Generating Station, Units 1 and 2, Supplement 45 to NUREG-1437, Lower Alloway Creek Township, Salem County, New Jersey
Dear Mr. Pham:
The U. S. Department of the Interior (Department) has reviewed the October 2010 Draft Plant-Specific Supplement 45 to the Generic Environmental Impact Statement for License Renewal for the Hope Creek Generating Station and Salem Nuclear Generating Station, Units 1 and 2 (draft SEIS). The generating stations are located on Artificial Island in Lower Alloway Creek Township, Salem County, New Jersey. Notice of availability for the draft SEIS was published in the October 29, 2010, Federal Register (Vol. 75, No. 209, page 66756). PSEG Nuclear, LLC (PSEG Nuclear) has applied to the U.S. Nuclear Regulatory Commission (NRC) for renewal of the operating licenses for these plants, which expire in 2016 (Salem Unit 1), 2020 (Salem Unit 2), and 2026 (Hope). License renewal would extend the operating period of each reactor for an additional 20 years. Four existing 500-kV transmission lines emanate from the plants and extend along southern Salem, Gloucester, and Camden Counties in New Jersey and into New Castle County in Delaware. The proposed relicensing would not involve any expansion of existing facilities, structural modifications or other refurbishments, or change in existing management practices for the plants or the lines. This response does not address any proposals for construction of new or expanded facilities.
AUTHORITY This response is pursuant to the National Environmental Policy Act of 1969 as amended (83 Stat.
852; 42 U.S.C. 4321 et seq.); the Fish and Wildlife Coordination Act (48 Stat. 401; 16 U.S.C.
2 661 et seq.); Section 7 of the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) (ESA); the Bald and Golden Eagle Protection Act (54 Stat. 250; 16 U.S.C.
668-668d) (Eagle Act); and the Migratory Bird Treaty Act of 1918 (40 Stat. 755, as amended; 16 U.S.C. 703-712).
FEDERALLY LISTED SPECIES The Department's U.S. Fish and Wildlife Service (FWS) provided relevant information and recommendations regarding federally listed species via letters dated September 9, 2009; November 4, 2009; and June 29, 2010 (enclosed). No federally listed species under FWS jurisdiction are known to occur in the vicinity of the existing Salem or Hope Generating Stations.
However, known occurrences and other areas of potential habitat for the federally listed (threatened) swamp pink (Helonias bullata), and areas of potential habitat for the federally listed (threatened) bog turtle (Clemmys muhlenbergii), occur along the Hope Creek/Salem to New Freedom and Salem to New Freedom South transmission lines.
Via letter dated October 23, 2009 (enclosed), Public Service Electric and Gas Company (PSE&G) adopted several conservation measures to avoid adverse effects to federally listed and candidate species from State-mandated vegetation management and other maintenance activities along its transmission system throughout New Jersey, including the four transmission lines emanating from the Salem and Hope Creek Generating Stations. FWS concurred with those conservation measures in its letter of November 4, 2009.
FWS previously recommended that NRC include of all PSE&G's adopted conservation measures in the SEIS, and as conditions of any renewed license. This recommendation is not reflected in the draft SEIS. During a January 4, 2011, conference call, NRC clarified that PSE&G is a wholly separate company from PSEG Nuclear, and is not subject to any provisions of PSEG Nuclear's license to operate the Salem and Hope Creek Generating Stations. On the call, FWS indicated that PSE&G's continued adherence to acceptable conservation measures along the Hope Creek/Salem to New Freedom and Salem to New Freedom South transmission lines is essential to avoiding adverse impacts to federally listed species. The Department requests that NRC clarify potential effect in the final SEIS, and acknowledge that it must reinitiate Section 7 consultation for the continued operation of the Salem and Hope Creek Generating Stations if PSE&G should ever terminate its implementation of acceptable conservation measures along the transmission lines.
BALD EAGLE AND MIGRATORY BIRDS In their September 9, 2009, letter, FWS provided recommendations regarding the bald eagle (Haliaeetus leucocephalus) and other migratory birds. The FWS recommendations are not reflected in the draft SEIS. The Department requests that NRC address requirements of the Eagle Act in the final SEIS, specifically the need for PSEG Nuclear to follow the National Bald Eagle Management Guidelines (Guidelines) in managing any -future eagle activity in the vicinity of the Salem and Hope Creek Generating Stations. The final SEIS should also note that numerous areas of bald eagle nesting, foraging, and wintering habitat are mapped along the subject transmission lines. In correspondence of October 23, 2009, PSE&G agreed to notify FWS if the Guidelines cannot be followed in the course of transmission line maintenance. The
3 Department also requests that final SEIS address FWS's recommendations to minimize electrocution, collision risks to migratory birds and time of year restrictions for any tree clearing.
AQUATIC RESOURCES The Department is concerned that the continued re-licensing of the PSEG Nuclear plants will impact fish and wildlife resources associated with the continued operation of the project. During the initial project construction, and subsequent New Jersey Department of Environmental Protection Water Quality Permits (pursuant to the Clean Water Act), it was anticipated that numerous fish and wildlife resources would be impacted from the intake of up -to 3 billion gallons of water per day for plant cooling needs. Estimates based on PSEG Nuclear's impingement and entrainment data indicate over 6 million pounds annually of fish and other marine life from the Delaware Bay are lost annually as a result of plant operation. The applicant asserted that the FWS's preferred alternative (installation of cooling towers) was not economically viable and instead developed an Estuarine Enhancement Program (EEP) feature for the life of the plant. The FWS requests that additional project features commensurate with project impacts be added to the existing EEP for implementation until such time that the project is finally closed.
CONCLUSION Continued operation of the Salem and Hope Creek Generating Stations is not likely to adversely affect the federally listed swamp pink and bog turtle. A key factor in this concurrence is PSE&G's continued adherence to conservation measures along the transmission lines that emanate from these plants. The Department requests that NRC clarify this situation in the final SEIS, and acknowledge that it must reinitiate Section 7 consultation for the continued operation of the Salem and Hope Creek Generating Stations if PSE&G should ever terminate its implementation of acceptable conservation measures along the transmission lines. The Department also requests NRC's attention to FWS recommendations to protect the bald eagle and other migratory birds. Additional project features should be added to the existing EEP, if the project continues to operate past the current license Thank you for the opportunity to review and comment on this DEIS. If you need further information, please contact Ron Popowski (FWS) at (609) 241-7065. Please contact me at (617) 223-8565 if I can be of assistance.
Sincerely, Andrew L. Raddant Regional Environmental Officer Enclosures
United States Department of the Interior SE FISH AND WILDLIFE SERVICE C
New Jersey Field Office Ecological Services Ini Reply Refer To:
927 North Main Street, Building D Pleasantville, New Jersey 08232 2010--0417 Tel: 609/646 9310 Fax: 609/646 0352 http://www.fws.gov/northeast/nj fie Idoffice/
AUN 2 9 2010 Bo Pham, Chief Project Branch 1, Division of License Renewal Office of Nuclear Reactor Regulation Nuclear Regulatory Commission Washington, D.C. 20555-0001
Dear Mr. Pham:
The U.S. Fish and Wildlife Service (Service) has reviewed your December 23, 2009 request for information on the presence of federally listed endangered and threatened species in the vicinity of the existing Salem and Hope Creek Generating Stations located on Artificial Island in Lower Alloways Creek Township, Salem County, New Jersey. PSEG Nuclear LLC (PSEG) has applied to the U.S. Nuclear Regulatory Commission (NRC) for renewal of the operating licenses for these plants, which expire in 2016 (Salem Unit 1), 2020 (Salem Unit 2), and 2026 (Hope).
License renewal would extend the operating period of each reactor for an additional 20 years.
This letter addresses federally listed species in the vicinity of the Salem and Hope plants as well as four existing 500-kV transmission lines that emanate from the plants and extend along southern Salem, Gloucester, and Camden Counties in New Jersey and into New Castle County in Delaware. The proposed relicensing would not involve any expansion of existing facilities, structural modifications or other refurbishuments, or change in existing management practices for the plants or the lines. This response has been coordinated with the Service's Chesapeake Bay Field Office regarding the portion of one transmission line that cross into Delaware. This response does not address all Service concerns for wildlife resources, nor any proposals for construction of new or expanded facilities.
AUTHORITY This response is pursuant to Section 7 of the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) (ESA) to ensure the protection of federally listed endangered and threatened species. These comments do not preclude separate review and comments by the Service pursuant to the National Environmental Policy Act of 1969 as amended (83 Stat. 852; 42 U.S.C. 4321 el seq.); the Bald and Golden Eagle Protection Act (54 Stat. 250; 16 U.S.C. 668-668d); or the December 22, 1993 Memorandum of Agreement among the U.S. Environmental Protection Agency, New Jersey Department of Environmental Protection (NJDEP), and the Service, if project implementation requires a permit from the NJDEP pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B et seq.).
FEDERALLY LISTED SPECIES Via letter to PSEG dated September 9, 2009 (enclosed), the Service indicated that no federally listed species under Service jurisdiction are known to occur in the vicinity of the existing Salem or Hope Generating Stations.
Known occurrences and other areas of potential habitat for the federally listed (threatened) swamp pink (Helonias bullata), and areas of potential habitat for the federally listed (threatened) bog turtle (Cleminys muhlenbergii), occur along the Hope Creek/Salem to New Freedom and Salem to New Freedom South transmission lines.
Via letter dated October 23, 2009, PSEG adopted several conservation measures to avoid adverse effects to federally listed and candidate species from maintenance practices (including State-mandated vegetation control) along its transmission system throughout New Jersey, including the four transmission lines emanating from the Salem and Hope Creek Generating Stations. Based on these conservation measures, the Service concurred that PSEG's continued maintenance of its transmission lines in New Jersey is not likely to adversely affect federally listed or candidate species (see enclosed letter dated November 4, 2009).
The Service recommends inclusion of all adopted conservation measures in the Supplemental Environmental Impact Statement, and as conditions of any renewed NRC license.
OTHER SERVICE CONCERNS Please see our September 9, 2009 letter for Service recommendations regarding the bald eagle (Htdicteelus leucocephalus) and migratory birds.
CONCLUSION The Service recommends inclusion of PSEG's adopted conservation measures for transmission line maintenance in the Supplemental Environmental Impact Statement. and as conditions of any renewed NRC license. We appreciate NRC's attention to our recommendations to protect the bald eagle and migratory birds.
Please contact Wendy Walsh at (609) 383-3938, extension 48, if you have any questions or require further assistance regarding federally listed threatened or endangered species.
Sincerely, Ron Popowski Assistant Supervisor 2
United States Department of the Interior FISH AND WILDLIFE SERVICE New Jersey Field Office Ecological Services J,, Rocpy R~rc,,:
927 North Main Street, Building D Pleasantville, New Jersey 08232 2009-1-0707 Tel: 609/646 9310 Fax: 609/646 0352 http://www. fws.gov/northeast/njfieldofficc Raymond A. Tripodi, Manager Corporate Licenses and Permits PSEG Services Corporation 80 Park Plaza, T17 Newark, New Jersey 07102-4194 Attention: Dr. David Grossmueller
Dear Mr. Tripodi:
The U.S. Fish and Wildlifle Service (Service) has reviewed your October 23, 2009 letter adopting conservation measures fbr federally listed species that Public Service Electric and Gas Company (PSE&G) will implement during vegetation maintenance activities within its existing electric transmission Right-of-Way (ROW) system, which is located in Sussex, Passaic, Bergen, Warren, Morris, Essex, Hudson, Flunterdon, Somerset, Union, Middlesex, Mercer, Burlington, Camden, Gloucester, and Salem Counties, New Jersey. PSE&G has applied to the New Jersey Department of Environmental Protection (NJDEP) for renewal of a general permit (000-02-0031.2) under the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B e seq.) to authorize vegetation maintenance within the PSE&G transmission system through 2014. PSE&G's adopted conservation measures were developed in coordination with the Service, pursuant to the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) and the Bald and Golden Eagle Protection Act (54 Stat. 250; 16 U.S.C. 668-668d). The conservation measures refer to transmission system segments (spans) that have been identified by the Service as habitat for federally listed and candidate species. This information was transmitted to PSE&G as a GIS shapefile via electronic mail on September 30, 2009.
Based upon PSE&G's adoption of the conservation measures listed in your October 23, 2009 letter, the Service concurs that continued vegetation maintenance activities within the transmission system are not likely to adversely affect federally listed or candidate species. The conservation measures also include practices to avoid or minimize adverse impacts to bald eagles, other migratory birds, Great Swamp National Wildlile Refuge, and wetlands. The Service appreciates the cooperation of PSE&G to develop and adopt these measures. As described in your October 23, 2009 letter, PSE&G will coordinate annually with the Service to determine if any new locations or information regarding federally listed species has become available, and to consider if any of the conservation measures require modification.
Please contact Wendy Walsh at (609) 383-3938, extension 48, if you have any questions or require further assistance regarding federally listed threatened or endangered species.
Sincerely, Acting Su
- rvisor cc
Linda Fisher, DLUR Larry Torok, DLUR Steve Henry, Great Swamrp NWR Coop Ch.avis, OLE Jorris Naiman, DO] Solicitor 2
Environmental Health & Safety 80 Park Plaza, T17 Navark, NJ 07102-4194 Tel: 973.430.7000 Fax: 973.,24.9047 OP-SEG Services Corporation October 23, 2009 Ms. Wendy Walsh U.S. Fish and Wildlife Service New Jersey Field Office 927 North Main Street Heritage Square, Building D Pleasantville, New Jersey 08232 RE:
PUBLIC SERVICE ELECTRIC AND GAS COMPANY (PSE&G)
FRESHWATER WETLANDS PERMIT NO. 000-02-0031.2 ENDANGERED SPECIES COMPLIANCE DURING ELECTRIC TRANSMISSION RIGHT-OF WAY VEGETATION MAINTENANCE ACTIVITIES
Dear Ms. Walsh:
Pursuant to your August 19, 2009 electronic mail correspondence, your May 28, 2008 letter, and subsequent coordination regarding vegetation maintenance along Public Service Electric and Gas Company (PSE&G) electric transmission Rights-of-Way (ROM), PSE&G is providing this letter to confirm our commitment to protecting both Federally and State listed threatened and endangered species. As discussed during our meeting of August 19, 2009, PSE&G is working to shift from vegetation maintenance which requires extensive tree cutting to one which maintains the ROWs by mowing brush and eventually grasses. As the new maintenance program continues, it is hoped that ROWs overgrown with woody vegetation will become the exception rather than the norm. PSE&G adopts the conservation measures recommended by the U.S. Fish and Wildlife Service (USFWS) for each species as follows:
Indiana Bat
" PSE&G will maintain a seasonal restriction on cutting trees greater than five (5) inches in diameter at breast height (dbh) from April 1 through November 15 in those spans identified by the USFVVS as hibernacula foraging habitat (HI) and as hibernacula and maternity colony foraging habitat (HIMA).
" In spans identified as maternity colony foraging habitat (MA), PSE&G will maintain a seasonal restriction on cutting trees greater than five (5) inches in diameter at breast height (dbh) from April 1 through September 30.
" PSE&G does not believe it can fully implement USFWS's recommendation to "notify the Service before cutting any suitable roost tree at any time of year." The main purpose for PSE&G's application for the GP-1 was to obtain pre-approval for its vegetative maintenance activities in an attempt to avoid impact to Federal and/or State protected species, avoid numerous independent submittals to Federal and State regulators, and
avoid down time to PSE&G's work schedule while awaiting regulatory response. In consideration of the numerous seasonal tree cutting restrictions, which in certain areas
_ canre~duýce~to-eianrn~uaLj_
- g. eason to 30 days, a notification / response requirement would adversely impact PSE&G's ability to complete its other regulatory obligations. As you are aware, the New Jersey Public Board of Utilities (NJBPU) regulations required PSE&G to clear its ROWs of woody vegetation (greater than three (3) feet) under the power lines and no woody vegetation greater then 15 feet in the areas adjacent to the power lines. However, within hibernation (HI) and/or maternity areas (MA), PSE&G will make every effort to trim and/or girdle (with or without herbicide) suitable roost trees instead of removing them, to the extent possible given the NJBPU vegetative maintenance requirements. Suitable roost trees are described in the USFWS document "Characteristics of Indiana Bat Summer Habitat."
For spans marked as occurring within the Geographic Range of the bats (P), PSE&G will not cut more than five (5) trees greater than five (5) inches in diameter at breast height (dbh) per linear mile between April 1 and September 30 unless such a tree is found to exist at a height determined to pose a hazard to system reliability and/or PSE&G would violate its other regulatory obligations.
Under such circumstances, PSE&G will notify USFWS of the tree location and our intention to cut or trim, and will implement additional site-specific USFWS recommendations if possible.
Bog Turtle PSE&G will utilize a recognized, qualified bog turtle surveyor to examine spans identified by the USFWS as potential habitat (P) or an extant occurrence (E) of the bog turtle.
Areas identified by the surveyor as suitable bog turtle habitat, plus a 150-foot buffer, will be flagged prior to any vegetation maintenance activities being conducted in that span, and a recognized, qualified bog turtle surveyor will be on-site during maintenance activities in flagged areas.
PSE&G will conduct all maintenance activities by hand within flagged areas; will avoid stepping on hummocks or tussocks when working in flagged areas; will not allow the use of motorized equipment in flagged areas; and will not allow the storage of materials or equipment in flagged areas.
PSE&G will remove woody vegetation within the flagged areas by hand between October 15 and March 31; will not pull woody vegetation out by the roots in the flagged areas to prevent disturbing potential hibernacula; and will use only glyphosate-based herbicides applied manually and directly to stumps in the flagged areas.
All flagging will be removed upon completion of work irt the area.
PSE&G will not apply herbicide in known nesting areas between June 1 and August 30 to protect the habitat. Known nesting areas include all flagged areas associated with an extant occurrence (E) of the bog turtle as identified by the USFWS and/or observation of an actual bog turtle in the field; In accordance with the timing restrictions set forth in the New Jersey Department of Environmental Protection's (NJDEP) existing "Utility Right-of-Way No-Harm Best Management Practices (2009)" PSE&G will avoid disturbance in areas identified by the USFWS and confirmed by a recognized, qualified surveyor as known or suitable bog
turtle habitat during nesting (May I - June 30). PSE&G will follow all other applicable bog turtle provisions of the most current version of the "Utility Right-of-Way No-Harm BestManageme nLPractices",_ including-ar-yp.r-o-visionfs-t.at_ areBmQ tr-eres.tr ye-tbLa.....
those listed above.
Upon completion of recognized, qualified bog turtle surveyor's results report, PSE&G will forward a copy to USFWS for its files, Swamp Pink On ROW spans identified by USFWS as potential habitat (P) or an extant occurrence (E) of swamp pink, PSE&G will utilize a qualified botanist to survey any suitable forested wetland habitat on and adjacent to the ROW for the presence or absence of swamp pink. Survey reports will be provided to USFWS as surveys are completed.
PSE&G will utilize a qualified botanist to flag a 200 foot radius around any identified swamp pink.population and no maintenance activities of any kind will be initiated within the flagged areas without USFWS approval.
All flagging will be removed upon completion of work In the area.
Herbicide application within 500 feet of a known population will be to woody stumps only, and will be conducted manually, Dwarf Wedgemussel PSE&G will conduct all vegetation maintenance activities by hand within 300 feet of streams identified by USFWS as potential habitat (P) for the dwarf wedgemussel.
If herbicide is necessary in these areas, application will be to woody stumps only and will be conducted manually.
Small Whorled Pogonla PSE&G will conduct a preliminary habitat assessment along spans identified by USFWS as potential habitat (P) for small whorled pogonia to determine if any areas of suitable upland woods are designated for removal.
If so, PSE&G will arrange for a qualified botanist to survey such woods for the presence or absence of this species between late July and mid-September (before frost).
The habitat assessment and results of any survey will be provided to USFWS upon completion of the survey. Further consultation will be conducted if any small whorled pogonia plants are found.
Other Listed Plants In spans identified by USFWS as potential habitat (P) for Knieskern's beaked-rush, American chaffseed, and/or sensitive joint vetch, PSE&G will not use herbicide and will raise mower blades to at least 6 inches above the ground. PSE&G does not perform.
vegetative maintenance activities in the tidal marshes required by sensitive joint vetch.
Bog Asphodel PSE&G will arrange for a qualified botanist to survey suitable habitats in and adjacent to spans identified by USFWS as potential habitat (P) for bog asphodel for the presence or
absence of this Federal candidate species. Survey results will be provided to USFWS.
Further consultation will be conducted if any bog asphodel plants are found at the comp eti
_ft e _su
___y Bald Eagle It is anticipated that PSE&G will comply with the National Bald Eagle Management.
Guidelines; however, PSE&G wishes to reserve the right to discuss this matter until such time as we complete our review of the Guidelines. PSE&G will notify the USFWS if the Guidelines cannot be implemented, to determine if a permit is required under the Bald and Golden Eagle Protection Act.
Unless NJDEP indicates otherwise, PSE&G will, in accordance with the timing restrictions set forth in NJDEP's existing 'Utility Right-of-Way No-Harm Best Management Practices (2009)," PSE&G avoid disturbance within 1000 feet of areas identified by the NJDEP as eagle nesting and foraging buffers during nesting.
(December 15 August 31).
It should be noted that the NJDEP is currently conducting an assessment of PSE&G's entire electric transmission network in order to identify spans containing State listed plants and animals, including bald eagles.
PSE&G will contact USFWS annually at least 60 days prior to the start of vegetative maintenance activities to request any new information regarding the locations of potential habitat or extant occurrences of federally listed species within its electric transmission system.
During this annual coordination process, the continued implementation of the above-listed conservation measures, with any appropriate modifications, will be confirmed, It is PSE&G's intention to perform the majority of our transmission vegetation maintenance activitlis between October 1 through March 31 so as to accommodate the timing restrictions for most Federal and State threatened and endangered species.
Conducting maintenance during these winter months will also minimize impacts to nesting birds, which are protected under the Migratory Bird Treaty Act. As an additional best management practice to protect natural resources, PSE&G will raise mower blades to at least 6 inches above the ground in any areas authorized by NJD.EP to use motorized equipment in wetlands.
In addition, PSE&G is exploring the potential to mark electric transmission structures) indicating spans with environmental restrictions which include, but are not limited to: areas which do not receive mechanized maintenance; areas with threatened and endangered species timing restrictions, wetlands, streams and riparian zones; and areas which require maintenance activities be conducted by hand.
PSE&G is exploring several methods of marking electric transmission structures and will keep the USFWS updated on the process.
As a final Item, PSE&G has been working with the USFWS personnel at the Great Swamp National Wildlife Refuge (GSNWR) to restore bog turtle habitat. Refuge staff have expressed an interest in participating in common reed eradication projects along the ROW within the Refuge.
To date, Refuge staff members have not expressed any preferred vegetation management practices however PSE&G will continue to coordinate directly with Refuge staff to develop vegetation management tools which complement the management goals of the Refuge.
PSE&G will include a discussion of future vegetative maintenance practices within GSNWR in the final restoration plan that will be developed in cooperation with Refuge staff.
If you have any questions or require additional information, please contact Dr. David Grossmueller of our offices at (973) 430-5228.
Very truly yours, Raymond A. Tripodi Manager - Corporate Licenses and Permits cc:
Larry Torok, NJDEP Linder Fisher, NJDEP
United States Department of the Interior
",2/0 FISH AND W.ILDLIFE SERVICE New Jersey Field Office hRely R~,,.Ecological Services 927 North Main Street, Building D 20)09-1-0417 Pleasantville, New Jersey 08232 Tel: 609/646 9310 Fax: 609/646 0352
- .i.
(, :Y Edward J. Keating, Sr. Environmental Advisor PSEG Nuclear I..LC P.O. Box 236 IHlancocks Bridge, New Jersey 08038-0236
Dear Mr. Keating:
The U.S. Fish and Wildlife Service (Service) has reviewed your March 4, 2009 request fbr information on the presence of federally listed endangered and threatened species in the vicinity of the existing Salem and Hope Creek Generating Stations located on Artilicial Island in Lower Alloways Creek Township. Salem C(ounty. New Jersey. PSEG Nuclear LLC (PSEG) plaas Io apply to the U.S. Nuclear Regulatory Commission (NRC) fr" rtenewal ol the operating licenses fbr these plants, which expire in 2(016 (Salem[ I Jnil 1), 2020 (Salem Unit 2), and 2026 (I lope). license renewal would extend lhe operating pe-iod of cach reactor tlbr an additional 20 years.
This letter addresses federally listed species in the vicinity ofthe Salem and I-lope planlts as well as Ibur existing 500-kV transmission lines Ihlat emanlate froill the plants and extend along southern Salem, (3l(IluceCster, and C'amRden Counties in, cw Jersey and into New Castle COuLIlty inl Delaware. The pro0posed relicensing would not involve any expansion of existirig flciIiliies, slIuctural modifications or other refurbishments, or change in existing mnangement practices for the plants or the liines. This response has been coordinaled %vilh the Service's Chesapeake Bay Field Office regarding the portion of one transmissiou line that cross into Delaware. Jlhis response does not address all Service concerns flor wildlifle resources, nor any proposals fbr construction of new or expanded facililies.
A UT I10R IT Y This response is pursuanS t to Section 7 die Endangered Species Act of 1973 (87 Stat. 884, as aniended; 16 U.S.C'. 153 1 el seq.) (ESA) to ensure the protection of fIederally listed endangered and threatened species: the Bald and Golden LEagle Protection Act (54 Stat. 250; 16 U.S.C. 068-668d) (Eagle Act); and the Migratory Bird ircaty Act of 1918 (40 Stat. 755; 16 U.S.(. 703-712), as amended. These comments do nol prcclude separate review and comments by the Service i)ursuanl Io the National Environmental Policy Act of 1969 as amended (83 Stat. 852: 42 U.S.C. 4321 el seq.) (NEPA).
FEDERALLY LISTED SPECIES No federally listed species under Service jurisdiction are known to occur in the vicinity of the existing Salem or Hope Generating Stations.
Known occurrences and other areas of potential habitat for the federally listed (threatened) swamnp pink (Helonias bullata), and areas of potential habitat for the federally listed (threatened) bog turtle (Clennnys mthlenbergii), occur along the Hope Creek/Salem to New Freedom and Salem to New Freedom South transmission lines. PSEG's current maintenance practices along these lines, including State-mandated vegetation control, may adversely affect these species,
'['he Service is currently coordinating with PSEG to review all of its 5,402 transmission line spans in New Jersey. When the review is complete, the Service will transmit a Geographic Information System (GIS) layer to PSEG's Environment, Health and Safety Department indicating the presence or potential presence of federally listed species along each span. Concurrent with the Service's review, PSEG is considering written adoption of Sernice-recomimended conservation measures for each federally listed species that could potentially occur along the transmission spans. The Service recommends referencing this coordination process in PSEG's application to the NRC. We also recommend inclusion of all adopted conservation measures in the NEPA documentation for the license renewals. In addition, the Service will recommend inclusion of all adopted conservation measures in PSEG's renewed transmission line maintenance General Peimit under the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B el seq.).
BALI) EAGLE Numerous areas of nesting., foraging. and wintering habitat for the bald eagle (tHaliaeemus leucocephallus) are mapped along the subject transmission lines by the New Jersey Department of Environmental Protection. This species could also occur along the line in Delaware. The bald eagle was removed from the Federal List of Endangcied and Tlieatened Wildlilbe eflective August 8, 2007. The bald eagle continues to be federally protected under the Eagle Act and the Migratory Bird Treaty Act. In addition, the bald eagle remains a State-listed species under the New Jersey Endangered and Nongarne Species Conservation Act (N.J.S.A. 23:2A et seq.), which carries protections under the State land use regulation program. Disturbance of bald eagle nests is also prohibited under Delaware State law (7 Del. C. 1953, § 748; 57 Del. Laws. c. 88; 70 Del. Laws, c. 275, §§ 74-77), and new regulations have been proposed in Delaware to strengthen protections for bald eagles. For the continued protection of' bald eagles, and to ensure conmpliance with Federal and State laws, the Service recommends managing bald eagles in accordance with the National Bald Eagle Management Guidelines and all applicable State regulations.
Links to New Jersey State agencies and the Guidelines are available on this office's web site at http://www.fws.gov/northeast/jifieldoffice/Endangered.
In fbrmation on the bald eagle in Delaware is available from the Delaware Natural Heritage and Endangered Species Progaram; contact infornation is provided in the enclosed letter from the Chesapeake Bay Field Office.
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MIGRATORY BIRDS The Migratory Bird Treaty Act prohibits the take of migratory birds, their parts, nests, and eggs, eve" when incidental to an otherwise lawful activity. To minimize avian electrocution and collision risks, the Service recommends that PSEG modifý, the four subject transmission lines as needed for consistency with the Suggested Practices./br Avian Protection on Power Lines: The State of the Art in 2006. If necessary, upgrades to the State ofthe Art standards can be phased in over time in conjunction with routine maintenance along the lines. If PSEG has not already done so, the Service also recommends preparation of an Avian Protection Plan (APP). The Suggested Practices document is available firom the Avian Powerline Interaction Committee (http://www.aplic.org/). Guidance for preparing APPs is available firom the Service (lhttp://www.fws.gov\\/ni6ratorybirdis. under Bird Hazards).
CONCLUSION Further consultation with the Service under Section 7 of the ESA is necessary to evaluate and minimize adverse effects to federally listed species fiom PSEG's current transmission line maintenance practices in New Jersey. The Service appreciates PSEG's cooperation to address impacts from transmission line maintenance on a State-wide basis. We recommend that PSEG reference this effort in its application to NRC, and in NEPA documents Imr the relicensing. The Service recommends that PSEG comply with the above-referenced guidance documents to minimize impacts to the bald eagle and other migratory birds.
Except for the above-mentioned species, no other federally listed or proposed threatened or endangered flora or fauna are known to occur within the vicinity of the proposed project. If'additional informlation on listed and proposed species becomes available or if project plans change, this determination may be reconsidered.
Please refer to our web site at hlttp://www.tfs.gov/northeast/nj fieldoffice/Endangered! for current lists of federally listed and candidate species in New Jersey. The web site also provides contacts for obtaining curirent information regarding State-listed and other species of concern from the New Jersey Natural Heritage and Endangered and Nongamc Species Programs. Contact information for the Delaware Natural Heritage and Endangered Species Pro,,gram is provided in the enclosed letter firom the Chesapeake Bay Field Office, Please contact Wendy Walsh at (609) 383-3938, extension 48, if you have any questions or require further assistance regarding federally listed threatened or endangered species.
Sincerely..
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Acting Supervisor Enclosures 3