RS-14-029, Transmittal of Application for an Incidental Take Permit for Threatened or Endangered Species and Conservation Plan
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r-)e tot"I~d~ ot'Mostardi Platt 1520 Kensington Road, Suite 204 Oak Brook, Ililnois 60523-2139 Phone 630-993-2100 Fax 630-993-9017 www.mostardlplattenv.com May 11, 2009 Joseph A. Kath Endangered Species Project Manager Illinois DNR -Division of Natural Heritage One Natural Resources Way Springfield, Illinois 62702-1271 Re: Application for an Incidental Take Permit for Threatened or Endangered Species and Conservation Plan
Dear Mr. Kath:
On behalf of Exelon Nuclear-Braidwood Generating Station, MOSTARDI PLATT ENVIRONMENTAL (MPE) hereby submits the application for Incidental Take Permit that includes the Habitat Conservation Plan for threatened or endangered species. The draft Implementing Agreement in Exhibit A will be submitted to you electronically for your use.If you have any questions please contact me at (630) 993-2152.Sincerely, M M TARDI PLATTENV 0 ENT, Thomas 1. Hiebert Senior Consultant cc: Robert Schanzle-IDNR w/encl.Bryan Risley-Exelon w/encl.
0 Mostardi Platt 1520 Kensington Road, Suite 204 Oak Brook, Illinois 60523-2139 Phone 630-993-2100 Fax 630-993-9017 www.mostardiplattenv.com APPLICATION FOR AN-INCIDENTAL TAKE PERMIT FOR TIREATENED OR ENDANGERED SPECIES AND CONSERVATION PLAN Prepared For EXELON NUCLEAR For The Braidwood Generating Station 35100 South Route 53 Braceville, llnois 60407 May 8, 2009 C Copyright 2009 All rights reserved in Mostardi Platt Environmental MPE PROJECT M082513 Mostardi Platt Environmental CERTIFCATION STATEMENT Having prepared this permit application, I hereby certify the data, information, and studies performed by MOSTARDI PLAIT ENVIRONMENTAL (MPE) are true and accurate.
Further, I hereby certify that the design information and studies in this application performed by others have not been altered for use in this application.
MPE has relied on design information, modeling studies, and historical data from others for completion of this permit application.
MOSTARDI PLAIT ENVIRONMENTAL Josep Mac Principal Consultant Date Approved/Reviewed by: EXELON NUCLEAR -BRAIDWOOD GENERATING STATION 9 0 0 Bryan Rikey _1/Project M ag Coy jec Man I t ýj'Z a ce Coyle a lzer ant Manager Date Date LI i IvIostardi Platt 1520 Kensington Road, Suite 204 Oak Brook, Illinois 60523-2139 Phone 830-993-2100 Fax 630-993-9017 www.mostardlplattenv.com APPLICATION FOR AN INCIDENTAL TAKE PERMIT FOR THREATENED OR ENDANGERED SPECIES AND CONSERVATION PLAN Prepared For EXELON NUCLEAR -BRAIDWOOD STATION May 8, 2009 INTRODUCTION Exelon Corporation, Braidwood Generating Station (Braidwood) is proposing installation of a multiport diffuser' in the Kankakee River that would result in significant environmental benefits over the existing river outfall that would continue operation only as back-up to the diffuser.
The proposed project will have an in-stream construction zone of approximately 132 feet by 245 feet The Braidwood Generating Station is a nominal 2,362 MW base load generating facility located in Will County, lllinois, approximately 20 miles south of Joliet, Illinois.
The facility, which serves northeastern Illinois, consists of two Westinghouse pressurized water reactors.
Unit 1 began operation on July 2, 1987, and Unit 2 began operation on May 5, 1988. Commercial operation began in May and October 1988, respectively.
The license expiration date is October 17, 2026 for Unit 1, and December 18, 2027 for Unit 2.Braidwood is owned by Exelon Corporation, and operated by one of its business units-Exelon Nuclear. Braidwood is built on a 4,457-acre site, and its 2,537-acre cooling pond was formed from scarred farming land and an old strip mine.Braidwood has been coordinating this project with MOSTARDI PLATT ENVIRONMENTAL (MPE) as the lead consultant dealing with U.S. Army Corps of Engineers (USACE) pemnitting, Illinois Department of Natural Resources (IDNR) incidental take permitting, illinois Environmental Protection Agency (TEPA) National Pollutant Discharge Elimnation System (NPDES) permit modifications and 401 Water Quality Certification, and the Illinois Historic Preservation Agency (IHPA) for impact on cultural and historical resources.
1 See the complete project description and drawings in the USACE Individual Permit Application dated May 8, 2009.Ptc M08V13 ]0 MOIM& Pli Emvinmeo Braidwood and MPE met with representatives from IDNR on March 16, 2009, to present the river diffuser project. As a result of the meeting, Braidwood has prepared this incidental take permit application and conservation plan to address IDNR concerns.The lead professionals are: Braidwood Station Mr. Bryan Risley Project Manager Braidwood Station -Exelon Nuclear 35100 S. Route 53 Braceville, ILL 60407 Phone: (815) 417-4009 Email: brvan.risleyvexeloncorp.com Mostardi Platt Environmental Mr. Joseph J. Macak III Principal Consultant Mostardi Platt Environmental 1520 Kensington Road -Suite 204 Oak Brook, IL 60523 Phone: (630) 993-2127 Email: jmacak(&Imostardiplattenv.com Project Location The location of the existing cooling lake outfall is shown in Figures 1-3. Two recent biological surveys of the proposed in-river construction site have been conducted.
HDR Engineering, Inc.(HDR) performed a survey for fish and mussels in August 2008. Ecological Specialists, Inc.(ESI) conducted a more comprehensive follow-up mussel survey in October 2008. Results of both surveys are detailed in Appendices G and H of the USACE application (provided under separate cover). The surveys identified two State listed T&E fish species and three State listed T&E mussel species and one species of special concern in the project area.Pursuant to the Illinois Endangered Species Protection Act (520 ILCS 10/5.5) Braidwood is submitting application for incidental take authorization of the State threatened purple wartyback mussel (Cyclonaias tuberculata), State threatened spike mussel (Elliptio dilatata), State endangered sheepnose mussel (Plethobasus cyphyus) and State special concern ellipse mussel (Venustaconcha ellipsiformis).
MWE Project M082513 2 P Mostardi Plait Environmental Braidwood is also seeking authorization for incidental take of the following fish species: State endangered pallid shiner (Notropis amnis) and State threatened river redhorse (Moxostoma carinatum).
Braidwood believes that any take of individuals is incidental to the construction of the multiport diffuser impacting the Kankakee River in Will County, Illinois.I LL I N 0 1 S V L E W W V~ S P1 C- od is*i c 3 U 115 z I I I. ~Vt ,(r.Ot tIC -~'U2 II, Braidwood Discharge akw-I a, I*3 0to.- ..d U C-20. P.*Figure 1. Braidwood River Discharge Location.Figure 2. Braidwood River Diffuser Discharge Location Topo Map.MWE Project M082513 3 MPE rojet M0251 3 Mostardi Platt Environmental Figure 3. Braidwood Station River Discharge Location (photograph April 2005).CONSERVATION PLAN Requirements and/or criteria for authorization of incidental taking of endangered or threatened species is described in the following Illinois Administration Code that requires the development of a conservation plan: TITLE 17: CONSERVATION; CHAPTER I: DEPARTMENT OF NATURAL RESOURCES; SUBCHAPTER c: ENDANGERED SPECIES; PART 1080-INCIDENTAL TAKING OF ENDANGERED OR THREATENED SPECIES In order to respond directly to the requirements, the following section lists each of the pertinent criteria followed by a response for the Braidwood Station river diffuser project.1080.10 Conservation Plan. Incidental taking of endangered and threatened species shall be authorized by the Department of Natural Resources (Department) only if Braidwood submits to the Department a conservation plan that satisfies all criteria established in this Part.NPE Project M082513 4 MPE PjectM08253 4 Mostardi Platt Environmental 1080.10(a)
A conservation plan submitted to the Department's Office of Resource Conservation as the application for authorization for incidental taking of an endangered or threatened species shall, at a minimum, include: 1080.10(a)(1)
A description of the impact likely to result from the proposed taking of the species that would be covered by the authorization, including but not limited to: 1080.10(a)(1)(A) legal description, if available, or detailed description including street address and map of the area to be affected by the proposed action and ownership of the affected property;Legal Description The legal description with parcel map (Figure 4) as provided by the Will County Tax Assessor's Office is as follows: PIN #: 01-24-13-401-011-0000 INDUSTRIAL WRT 113 WILMINGTON, IL 60481 http://www.willcountysoa.com/searchpin.aspx THAT PRT OF THE SE1/4 SEC 13, T32N-R9E LYG W'LY OF THE W BANK OF THE KANKAKEE RIVER (EX THRFRM THAT PRT DESC AS BEG ON THE N LN OF SD 1/4 423.5 FT E OF THE NW COR OF SD 1/4 THC S 20 DEG E 275 FT ALG THE CTRLN OF A PUBLIC RD LOCALLY KNOWN AS RT 133 HWY THC S 12 DEG E 962 FT ALG THE CTRLN OF SD HWY THC N 85 DEG E 480 FT, THC N 23 DEG W 232 FT, THC N 06 DEG W 262 DT, THC N 20 DEG 15' W 180 FT THC E TO THE W BANKOF SD RIVER, THC N'LY DIRECTION ALG SD W BANK TO THE N LN OF SD 1/4 THC W ALG THE N LN OF SD 1/4 TO THE POB) AND ALSO (EX THRFRM THAT PRT OF SD 1/4 TO THE POB) AND ALSO (EX THRFRM THAT PRT OF SD 1/4 SEC LYG W OF THE W OF THE W ROW LN OF SD HWY) ALSO (EX THFRM THAT PRT DESC AS BEG ON THE S LN OF SD 1/4 ON THE CTRLN OF SD HWY, THC N 32 DEG 48' 58" W 317.28 FT ALG THE CTRLN OF SD HWY, THC N 57 DEG 57' 42" E 1048.51 FT TO THE W BANK OF SD RIVER THC S'LY ALG THE W BANK OF SD RIVER TO THE CTRLN OF HORSE CREEK, THC SW'LY ALG THE CTRLN OF SD HORSE CREEK TO THE SLN OF SD 1/4 THC W ALG THE S LN OF SD 1/4 TO THE POB) ALSO (EX THAT PRT THOF LYG S AND E OF THE CTRLN OF HORSE CREEK) AND ALSO THAT PRT OF THE SE1/4 OF SEC 13, T32N-R9E LYG WLY OF THE CTR THREAD OF THE KKK RIVER, ELY OF THE W BANK OF THE KKK RIVER S'LY OF THE FOL DESC LN' BEG ON THE N LN OF SE1/4 OF SEC 13, 423.5 FT E OF THE NW COR OF SD 1/4 THC S 20 DEG E 275 FT ALG THE CTRLN OF HWY (ILL RT 133 S HWY) THC S 12 DEG E 962 FT ALG THE CTRLN OF SD HWY THC N 85 DEG E 480 FT THC N 23 DEG 232 FT THC N 06 DEG W 262 FT THC N 20 DEG 15' W 180 FT, THC E TO THE CTR THREAD OF THE KKK RIVER; AND N'LY OF THE FOLL DESC LN;MPE Project M082513 5 C Mostardi Platt Envirormental BEG ON THE S LN OF THE SE1/4 OF SEC 13, ON THE CTRLN OF HWY, THC N 32 DEG 48' 58" W 317.28 FT ALG THE CTRLN OF SD HWY, THC N 57 DEG 57'42 " E TO THE CTR THREAD OF KKK RIVER. (EX THAT PRT PER R81-029947 DAF: COMM AT THE PT OF INT OF THE S LN OF THE SE1/4 SEC 13, AND THE CNTRLN OF HWY (L 113)THC N 32 DEG 48' 58" THC N 32 DEG 48' 58" W A DIST OF 317.28 FT ALG THE CNTRLN OF SD HW'Y TO A PT OF BEG, THC N 57 DEG 57' 42" E A DIST OF 208.72 FT ALG THE S LN OF PROPERTY DESC IN R73-025516 TO A PT ON A LN WHICH IS 208.701 FT NE'LY OF (MEASRD PERPEND) AND PARL WITH THE CTRLN OF SD HWY, THC NW'LY ON SD PARL LN, A DIST OF 208.72 FT TO A PT, THC S 57 DEG 57' 42" W A DIST IF 241.72 FT TO THE W ROW LN OF SD HWY, THC SE'LY A DIST OF 208.72 FT ALG THE SD W ROW LN OF HWY TO PT OF INT WITH THE W'LY EXTENSION OF SD S'LY LN OF PPTY AS DESC IN R73-025516, THC N 57 DEG 57' 42" E TO THE POB)MTE Project M082513 6 0 Mostardi Platt Environmental Figure 4. Will County Tax Parcel Map.MPE Project M082513 7 0 Mostardi Platt Environmental 1080.10(a)(1)(B) biological data on the affected species; on request of Braidwood, the Department shall provide biological data in the Department's possession on the affected species;Braidwood is proposing to replace the existing Braidwood Nuclear Station Cooling Pond discharge (shoreline discharge channel) with a diffuser pipe placed on the bottom of the Kankakee River extending across the river near the location of the current discharge channel.A preliminary review of fish and freshwater mussel studies conducted in this general reach of the river indicated that fish monitoring, including the proposed area for diffuser pipe placement, has been conducted annually for the past 30 years (with the exception of 1980)(HDRILMS, 2008);but that, while several freshwater mussel surveys had been conducted in the river between Kankakee and Wilmington in the past, none had been conducted at the proposed site.The historical fisheries data indicate that pallid shiner (Notropis amnis) and river redhorse (Moxostoma carinatum), which are currently listed as endangered and threatened, respectively, by the state of Illinois, have been collected in this vicinity over the period of record. No fish species currently listed as threatened or endangered by the Federal government have been collected during the past 30 years.The Kankakee River supports some of Illinois' most diverse and abundant mussel populations with 27 extant and 40 historical species. It was surveyed several times for mussels in the 20th century. Some regard the mussel populations of the Kankakee River to be of national importance.
Several freshwater mussel species currently listed as either endangered or threatened by the state of Illinois were collected during these earlier surveys. No freshwater mussel species currently listed as threatened or endangered by the Federal government have been reported in this reach of the Kankakee River.Fisheries Surveys Fish field surveys were conducted during August 2008 (See HDR, 2008). Two methods of collection were employed, electrofishing and seining.Electrofishing.
A total of 1,308 fish comprised of 45 taxa (43 species) were collected by electrofishing at six sampling locations with Longear sunfish, spotfin shiner, bluntnose minnow, rock bass, smallmouth bass, and largemouth bass dominating these collections.
Two pallid shiners were collected by electrofishing about 975 feet downstream from the existing discharge channel about 650 feet downstream from the immediate impact zone of the proposed project.One large river redhorse was collected about 3250 feet upstream of the discharge channel.Interestingly, this was the first river redhorse collected in the vicinity during the past five years.MPE Project M082513 8 C Mostardi Platt Environmental None of the three state-listed specimens were taken in the immediate proximity of the proposed project and should not pose a regulatory effect on the permitting process.Seining. A total of 686 fish representing 22 taxa (20 species) were collected by seining at the six sampling locations.
Spotfin shiner, bluntnose minnow, striped shiner, sand shiner and Johnny darter dominated these collections.
No threatened or endangered species were collected during the seining phase of the survey.Mussel Surveys As with other areas of the Kankakee River, the area in the immediate vicinity of the Braidwood Station discharge channel supports a diverse and abundant fauna. Field surveys were conducted during August and October 2008 (HDR, 2008 and ESI, 2009) to characterize the existing unionid community and determine the mussel distribution in the potential impact area.A total of 212 live individuals from 15 species were collected alive during the survey conducted August 2008. Included in this total were three live purple wartybacks (C. tuberculata), which is state-threatened.
An additional eight species were collected as shell only, including fresh-dead Sheepnose (P. cyphyus), which is state-endangered, relict spike (E. dilatata) and Black sandshell (L. recta), both of which are state-threatened.
The majority of live individuals collected were found while brailing in the channel portion of the river or while hand-picking the south shore upstream of the effluent pipe. No individuals were found on the north shore, and only 36 individuals from five species were found on the south shore downstream of the discharge channel. The fresh-dead sheepnose was found on the south shore upstream of the discharge channel while the relict spike and black sandshell were found on the south shore both upstream and downstream of the discharge channel. Methods employed in the HDR study were generally qualitative, not quantitative, necessitating the need for further study.The October 2008 (ESI 2009) survey was conducted to supplement the previous survey and specifically characterize the unionid community and distribution within the potential impact area.Habitat with the survey area is not typically ideal for unionids within the Kankakee River. Run habitats within the Kankakee River, like the habitat within this study's survey area, are not known to harbor abundant and species-rich unionid communities.
In a 1978 unionid survey of 13 sites within the Kankakee River, unionid communities in pools or runs generally ranked low in abundance and diversity compared to areas with riffles and areas below dams (Suloway, 1981).A unionid study at two sites on the Kankakee River conducted by ESI in 2002 showed that of the two sites sampled, the site with the riffle/run habitat resulted in twice as many species and 17 times more live unionids than the site with a run habitat (ESI, 2003). Although this study's survey area appears to harbor a relatively moderate to high species richness, unionid abundance (density) was relatively low and unionids were scattered throughout the site.MPE Project M082513 9 MPE rojct M8253 90 Mostardi Platt Envirownental 0 Although the survey area harbors a relatively species-rich unionid community, unionid density is relatively low and no recruitment was observed.
The low abundance of unionids may be due to the general lack of suitable substrate.
By and large, substrate throughout the site appeared stable but did not contain much area with finer particles (i.e., sand and gravel) into which the unionids can burrow. Also, no juvenile unionids were observed suggesting little or no recruitment occurring within the survey area. Therefore, it is likely a denser, stable, and reproducing unionid community upstream, probably in a riffle habitat, seeds the study area. However, Illinois listed unionid species were present, and therefore impacts to unionids by construction and operation of the diffuser within the area should be minimized.
Description of Potential Impact 1080.10(a)(1)(C) description of the activities that will result in taking of an endangered or threatened species; and 1080.10(a)(1)(D) explanation of the anticipated adverse effects on listed species.The river diffuser project will require the construction of a temporary cofferdam approximately 132 feet by 245 feet. The cofferdam will consist of sheet pile with rock backfill as shown in Figures 5 and 6. After the cofferdam is constructed, the area will be dewatered to allow for construction of the river diffuser beneath the river bottom. Upon completion of the construction program, the sheet pile and temporary rock backfill will be removed from the river and the area will return to its natural state.In the absence of any conservation plan, there would be the potential for mussel and fish species to be adversely impacted or killed since the area would be temporarily drained and filled (gravel).Fisheries Two state protected species of fish, pallid shiner and river redhorse, were taken during the survey conducted August 2008. None of the state-listed specimens were taken in the immediate proximity of the proposed project and are not expected to pose a regulatory effect on the permitting process. Fish are motile and often occupy different areas under varying flow and environmental conditions.
Project related effects to state-listed fish species are expected to be minimal if any. Fish would not be attracted to the construction activity and daytime noise associated with sheet pile driving.Mussels Two Illinois protected species (C. tuberculata, E. dilitata) and one Illinois Special Concern species (V ellipsiformis) and the Federal Candidate species P. cyphyus were present Habitat within the survey area is not typically ideal for unionids within the Kankakee River (see Appendices G and H of the USACE application).
Run habitats within the Kankakee River, like the habitat within the survey area, are not known to foster abundant and species-rich unionid communities.
Other Kankakee River surveys have shown that unionid communities in pools or a WPE Project M08251i3 10 C Mostardi Platt Environmental runs generally ranked low in abundance and diversity compared to areas with riffles or dam tail waters. Although the survey area appears to contain a relatively moderate to high species richness, unionid density was relatively low and unionids were scattered throughout the survey site.Figure 5. Proposed Cofferdam Installation in River.In-stream construction activity may disrupt the substrate and, consequently, the animals living in the substrate.
Unionids within the area directly affected by construction could be crushed by equipment or permanently buried under excavation spoil. Disruption of the substrate could result in displacement of unionids to unsuitable habitat, which could lead to reduced fitness or death.Construction activities could also lead to altered flow patterns that may increase sedimentation, which is a putative source of unionid declines throughout North America. Construction impacts to unionids have successfully been mitigated by minimizing the area used for constructing and relocating unionids from areas of unavoidable impact.MPE Project M082513 I1I 0 Mostardi Platt Environmental Figure 6. Proposed Cofferdam Cross Section.Conservation Measures 1080.10(a)(2)
Measures Braidwood will take to minimize and mitigate that impact and the funding that will be available to undertake those measures, including, but not limited to: 1080.10(a)(2)(A) plans to minimize the area affected by the proposed action, the estimated number of individuals of an endangered or threatened species that will be taken and the amount of habitat affected;To limit impact on the unionid community, the multiport diffuser will be placed in an area of the river known to be nearly devoid of mussels and from which no specimens representing State-listed species were taken. Because the diffuser will only traverse a nominal 60% of the Kankakee River, there will be no impact on the unionid population known to inhabit the near-shoreline opposite and downstream of the existing outfall and new diffuser installation site.Early diffuser designs studied by Braidwood included diffusers crossing the entire width of the river. The final design minimized the width by locating the multiport diffuser in a 20 meter section of the deepest, middle portion of the river. By minimizing the width, the diffuse could be constructed with one single cofferdam installation and avoid the area on the opposite shoreline where mussel species had a higher density.1080.10(a)(2)(B) plans for management of the area affected by the proposed action that will enable continued use of the area by endangered or threatened species;The area affected by the proposed installation of the multiport diffuser is comprised of habitat conditions not conducive to abundant and diverse unionid population development.
Therefore, long term plans are not being made for population management and conservation.
MPE Project M082513 12 C Mostardi Platt Environmental The river diffuser was modeled by a Braidwood consultant (see HydroQual report, Appendix C)and the results demonstrated that the diffuser results in a very significant improvement in mixing as compared to the side canal discharge, thereby reducing thermal impacts to the aquatic environment.
With that being said, it is expected that fisheries and unionid populations will find the area downstream of the river diffuser spillway to be more suitable for their habitat.1080.10(a)(2)(C) description of all measures to be implemented to minimize or mitigate the effects of the proposed action on endangered or threatened species;Fisheries The mitigation of incidental take of fish during construction will be fairly simple. The IDNR fisheries specialists will be notified (per their request) of the dewatering of the cofferdam area following its construction.
The water contained within the cofferdam will be pumped back to the river. As the water level recedes, fish retained within the cofferdam will be netted and returned to the river. No construction will take place during the spawning season of the last three weeks of May, and first week of June. This activity will be photographed and documented in a formal diffuser construction report.Mussels Although no threatened and endangered mussel species were identified within the 132 feet x 245 feet cofferdam area, IDNR requests assurances that no mussels will be impacted during the cofferdam construction process. In order to accomplish this goal, Braidwood has agreed to perform a pre-construction mussel survey by a qualified diver(s) to locate and move any mussels within the impact area in the deeper portions of the river, or through wading in the shallower portions of the river. This survey would be performed within 30 days of the start of construction.
Mussels in the construction area will be relocated to areas of suitable habitat. The relocation site will be located in the Kankakee River, relatively close to the project site upstream of the construction activities.
It will contain similar or better water quality and substrate.
An area has been identified approximately 1000 feet upstream of the proposed construction area known to contain a relatively dense mussel population.
This area will be considered for the relocation site.The IDNR would be notified 14 days prior to the start of this survey activity.The mussel survey and relocation activity would also be documented in a formal diffuser construction report. The report will discuss the methods of the mussel relocations, and include a quantification of the relative number and species of mussels relocated.
The report will also identify any state-listed species that are relocated, if any.To minimize the extent and duration of project-related disturbance to the Kankakee River and any potential for indirect impacts on mussels or mussel habitat, Braidwood will implement sediment control and construction management measures during construction.
These measures will include use of the cofferdam, plus silt fencing or other sediment control measures to limit downstream sedimentation during construction.
MPE Project M082513 13 1 Mostardi Platt Environmental The in-stream construction will take approximately 150 days and any potential short-term effects will be limited to this time period.1080.10(a)(2)(D) plans for monitoring the effects of measures implemented to minimize or mitigate the effects of the proposed action on endangered or threatened species;Braidwood will continue to perform their annual fisheries surveys, and will perform mussel survey of the river diffuser area (300 feet upstream to 300 feet downstream) in the 5 year following operation of the river diffuser.
These studies are expected to document that the river diffuser project had no adverse impact on the aquatic environment.
1080.10(a)(2)(E) adaptive management practices that will be used to deal with changed or unforeseen circumstances that affect the effectiveness of measures instituted to minimize or mitigate the effects of the proposed action on endangered or threatened species; and 1080.10(a)(2)(F) verification that adequate funding exists to support and implement all mitigation activities described in the conservation plan. This may be in the form of bonds, certificates of insurance, escrow accounts or other financial instruments adequate to carry out all aspects of the conservation plan.The river diffuser project is a part of the Braidwood Environmental Excellence program that has been funded at by Exelon Nuclear. The mussel survey and relocation has been included in the approved project budget.Alternatives Analysis 1080.10(a)(3)
A description of alternative actions Braidwood considered that would not result in take, and the reasons that each of those alternatives was not selected.
A "no-action" alternative shall be included in this description of alternatives.
The project alternatives include the no action alternative (continue with current operation), or the the installation of two larger multiport diffusers that traverse a greater width of the river. The modeling of the existing outfall and the three river diffuser configurations is included in the HydroQual report (see Appendix C of the USACE application).
The consideration of moving the river outfall and/or the river diffuser to another section of the river was ruled out for several reasons, including: " River outfall is on Exelon property and has been in operation for over 20 years. Moving the outfall would require the acquisition of land not available." The Kankakee River near the current outfall is relatively consistent and moving the outfall would provide no benefit in terms of enhanced mixing and reduction in thermal impacts.MIPE Project M082513 14 M Mostardi Platt Environmental
- Construction of a new river outfall and moving the discharge location would require extensive construction in a floodplain area and wetlands, with significant environmental impacts as compared the the project alternatives evaluated.
Species Survival 1080.10(a)(4)
Data and information to indicate that the proposed taking will not reduce the likelihood of the survival of the endangered or threatened species in the wild within the State of Illinois, the biotic community of which the species is a part or the habitat essential to the species existence in Illinois.Construction and operation of the proposed project will not reduce the likelihood of survival of State endangered or threatened mussels or fish in Illinois.
The project location was surveyed for mussels and fish and state-listed species were not found. If state-listed fish or mussels are present at the construction site, they will be relocated to appropriate habitat along with any other fish or mussels found during the preconstruction survey. The use of strict sedimentation control measures will limit any short-term construction related impacts.Once the river diffuser is operational, the significant improvements in mixing and reduction in thermal plume size (as compared to the existing outfall) will enhance the aquatic environment at the Braidwood discharge.
IMPLEMENTING AGREEMENT 1080.10(a)(5)
An implementing agreement, which shall include, but not be limited to: A) The names and signatures of all participants in the execution of the conservation plan;B) The obligations and responsibilities of each of the identified participants with schedules and deadlines for completion of activities included in the conservation plan and a schedule for preparation ofprogress reports to be provided to the Department; C) Certification that each participant in the execution of the conservation plan has the legal authority to carry out their respective obligations and responsibilities under the conservation plan;D) Assurance of compliance with all other federal, State and local regulations pertinent to the proposed action and to execution of the conservation plan; and E) Copies of any final federal authorizations for a taking already issued to Braidwood, if any.MPE Project M082513 15 o Mostardi Platt Environmental The implementing agreement will be signed by the following authorized individuals:
Mr. Lawrence Coyle Plant Manager Braidwood Station -Exelon Nuclear 35100 S. Route 53 Braceville, IL 60407 Phone: 815-417-3700 Email: Iawrence.coyle(@exeIoncorp.com and/or Mr. Bryan Risley Project Manager Braidwood Station -Exelon Nuclear 35100 S. Route 53 Braceville, IL 60407 Phone: (815) 417-4009 Email: brvan.risley(iDexeloncorp.com 1080.10(b)
The Department, after review and public comment, may require additional measures as necessary or appropriate to the success of the conservation plan. Requirements for additional measures shall be based on the life history needs of the species involved.Braidwood will address any issues with IDNR, if necessary.
1080.10(c)
A Habitat Conservation Plan approved by the U.S. Fish and Wildlife Service pursuant to Section 10 of the Endangered Species Act of 1973 [26 USC 1539], and amendments thereto, may be submitted in lieu of the conservation plan described in this Section.Not applicable.
1080.10(d)
Authorization to take an endangered or threatened species under the terms of a biological opinion issued by the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act of 1973 [26 USC 1536], and amendments thereto, or regulations implementing Section 7 [50 CFR 402] may be submitted in lieu of the conservation plan described in this Section.Not applicable.
No Federally listed threatened or endangered species were found in the Kankakee River at the Braidwood discharge.
MEPE Project M082513 16 M Mostardi Platt Environmental REFERENCES Ecological Specialists, Inc. 2003. Unionid Mussel Survey of the Kankakee River at Two Proposed Water Intake Sites for the City of Joliet, Illinois.
Prepared for EA Engineering, Science, and Technology.
l9pp.Ecological Specialists, Inc. 2009. Final Report: Characterization of Unionid Communities near the Braidwood Nuclear Station Kankakee River Discharge Location.
Prepared for Exelon Nuclear, Braidwood, Illinois.
l5pp.HDR Engineering, Inc. 2008. Investigations to Determine Presence of State-Listed Species of Fish and Freshwater Mussels in the Kankakee River near the Braidwood Nuclear Station Warmwater Discharge Channel. Prepared for Exelon Nuclear, Braidwood, Illinois.
21pp.HDR/LMS 2008. Braidwood Station Kankakee River Fish Monitoring Program, 2007. Annual Report submitted to Exelon Nuclear February 2008.HydroQual 2009. Thermal Impact and Mixing Zone Analysis, Letter Report dated May 4, 2009 from Mr. Andy Thuman, P.E. to Bryan Risley, Project Manager, Exelon Nuclear.Suloway, L. 1981. The Unionid (Mollusca:
Bivalvia)
Fauna of the Kankakee River in Illinois.The American Midland Naturalist 105 (2):233-239.
MIPE Project M082513 17 C Mostardi Platt Environmental