ML14041A104

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Letter to Nancy Finley Preliminary Determination of No Adverse Effect on Listed Species or Essential Fish Habitat from the Proposed Humboldt Bay Power Plant Unit 3 License Termination Plan
ML14041A104
Person / Time
Site: Humboldt Bay
Issue date: 04/17/2014
From: Persinko A
NRC/FSME/DWMEP/DURLD
To: Finley N
US Dept of Interior, Fish & Wildlife Service
Bjornsen A
References
Download: ML14041A104 (7)


Text

April 17, 2014 Ms. Nancy Finley, Field Supervisor U.S. Fish & Wildlife Service Arcata Fish and Wildlife Office 1655 Heindon Road Arcata, CA 95521-4573

SUBJECT:

PRELIMINARY DETERMINATION OF NO ADVERSE EFFECT ON LISTED SPECIES OR ESSENTIAL FISH HABITAT FROM THE PROPOSED HUMBOLDT BAY POWER PLANT UNIT 3 LICENSE TERMINATION PLAN

Dear Ms. Finley:

The U.S. Nuclear Regulatory Commission (NRC) staff currently is reviewing an application submitted by its licensee, Pacific Gas and Electric Company (PG&E), dated May 3, 2013, to terminate the Humboldt Bay Power Plant (HBPP) Unit 3 license on the site of the HBPP in Humboldt County, California. As part of its environmental review, the NRC staff is preparing an Environmental Assessment (EA) in accordance with the requirements of the National Environmental Policy Act of 1969, as amended, as specified in 10 CFR Part 51 of the NRCs regulations. In conjunction with this review, the NRC staff also is considering the potential impact of the proposed action on endangered species, in accordance with the Endangered Species Act.

In 2004, the National Marine Fisheries Service (NMFS) identified the names of listed species and critical habitat for such species that may occur within the project area. In addition, the NMFS also indicated that Humboldt Bay is designated as Essential Fish Habitat (EFH) under the Magnuson-Stevens Fishery Conservation and Management Act for identified fish species.

A recent phone conversation with NMFS staff confirmed that there had been no changes in the listed species since 2005, when inquiry was last made during the license amendment for the Independent Spent Fuel Storage Installation at the HBPP.

After a review of the potential impacts of the proposed action (i.e., the decommissioning and dismantling of the HBPP Unit 3 facilities), the NRC staff determined that the proposed action would have no effect on any of the listed species or the EFH for Humboldt Bay. The supporting basis for this conclusion is provided in the enclosure to this letter.

In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC web site at http://www.nrc.gov/reading-rm/adams.html.

N. Finley 2 If you have any questions, please contact Alan Bjornsen of my staff. Mr. Bjornsen can be reached at (301) 415-1195 or via email at alan.bjornsen@nrc.gov.

Sincerely,

/RA/

Andrew Persinko, Deputy Director Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Programs Docket No: 50-133 License No: DPR-7

Enclosure:

Assessment of Potential Effect cc: Attached List

N. Finley 2 If you have any questions, please contact Alan Bjornsen of my staff. Mr. Bjornsen can be reached at (301) 415-1195 or via email at alan.bjornsen@nrc.gov.

Sincerely,

/RA/

Andrew Persinko, Deputy Director Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Programs Docket No: 50-133 License No: DPR-7

Enclosure:

Assessment of Potential Effect cc: Attached List ML14041A104 OFC FSME/DWMEP FSME/DWMEP OGC FSME/DWMEP FSME/DWMEP NAME ABjornsen AWalker-Smith BJones KHsueh APersinko DATE 02/10/2014 02/11/2014 04/03/2014 04/10/2014 04/17/2014 OFFICIAL RECORD COPY

Assessment of Potential Effect Ecological Assessment The vicinity within 8.0 km (5 mi) of the Humboldt Bay Power Plant (HBPP) Unit 3 site provides a wide array of habitats for plants and animals. Terrestrial ecological surveys identified more than 200 vascular plants and 12 vegetation communities in the area. Additionally, an extensive list of birds, mammals, reptiles, and amphibians is provided in Tables 2.3-3 through 2.3-5 of the Humboldt Bay ISFSI Environmental Report (PG&E, 2003).

PG&E land at the HBPP Unit 2 site was inventoried for the presence of special status plant species in 1999 and 2002. Site vegetation habitats, present in the project area (storage site, fill disposal area, and transportation route) consist primarily of disturbed coastal terrace prairie.

The site has been disturbed considerably over the life of the HBPP facility, from initial construction to the ongoing maintenance activities (e.g., mowing). Most of the species occurring on the site and related project areas are nonnative species, many of which are ruderals (i.e., plants that grow in wastelands or disturbed areas). Areas previously cleared of vegetation, such as along the discharge canal, access roads, and parking lots, are dominated by the ruderal species present in the disturbed grassland. A comprehensive field study in 2002 on the HBPP site did not locate suitable habitat for or any presence of plant species designated for special status by the State of California or federally listed or candidate threatened or endangered plant species (PG&E, 2003). The western lily (lilium occidentale),

which is federal- and state-listed as endangered and reported in the freshwater marsh south of Fields Landing (more than 1.6 km (1 mi) south of the site), would not be affected by activities at the HBPP.

Numerous special status terrestrial wildlife species occur within the ecologically diverse and productive habitats in the vicinity of the project site. Inventories conducted in 1999 and 2002 on PG&E property, including the site, did not indicate the presence of any of these species and found that the lack of suitable habitat made their presence unlikely (PG&E, 2003).

In the vicinity of the project, five special-status species of fish (tidewater goby, Chinook salmon, Coho salmon, steelhead, and coastal cutthroat trout) occur or have the potential to occur based on the presence of suitable habitat. An inventory of PG&E-owned land at the HBPP Unit 3 site, in 1999 and 2002 did not observe these species on PG&E property. Lack of suitable habitat for these species indicates that they are not present at the site. Harbor seals (Phoca vitulina) do not have official status as a listed endangered or threatened species, but they are protected under the Marine Mammal Protection Act. Harbor seals are year-round residents of the Humboldt Bay region. The seals haul out on tidal flats in areas remote from human activity to rest and bear their young. The Humboldt Bay National Wildlife Refuge in the southern part of Humboldt Bay is a key breeding and hauling out area used by harbor seals (PG&E, 2003).

PG&E-owned land at the HBPP Unit 3 site was inventoried for the presence of special status freshwater aquatic species in 1999 and 2002. Five special-status freshwater aquatic species occur in the vicinity of the project: the northern red-legged frog, the foothill yellow-legged frog, the tailed frog, the southern torrent salamander, and the northwestern pond turtle. No special status freshwater aquatic species appear to occur at the site (PG&E, 2003).

Enclosure

2 A habitat assessment, conducted in August 1999 using procedures approved by the U.S. Fish and Wildlife Service, found that the site and surrounding PG&E property have limited habitat suitable for northern red-legged or tailed frogs because of the lack of freshwater streams (PG&E, 2003). Although no frogs or tadpoles were observed, a small stream directly east of the intake canal has limited potential to be a low-quality breeding habitat for the northern red-legged frog. Additionally, there are freshwater ponds with cattails near Highway 101 that could provide foraging and dispersal habitat for northern red-legged frogs. No suitable habitat was found for the southern torrent salamander, the foothill yellow-legged frog, tailed frogs, or the northwestern pond turtle at, or on, the adjacent PG&E property.

Impacts Assessment Decommissioning Impacts The environmental impacts due to the remaining decommissioning and dismantling of the HBPP Unit 3 are expected to be small (most of the decommissioning and dismantling activities have already taken place under previous license amendments). Remaining activities would take place within the boundaries of the 143-acre PG&E-controlled site area, an area that was previously disturbed during HBPP operations. Dismantling activities associated with the proposed decommissioning would impact approximately 34 acres of land area. The remaining activities would consist of excavating the caisson, stockpiling the excavated soils, dredging contaminated sediment from the intake and discharge canals, widening and extending the supply dismantling miscellaneous structures, and controlling dust and runoff. Any construction materials would be derived from offsite sources.

Dust generated during construction is expected to be minimal given that the construction traffic would be using paved onsite and offsite roadways. Dust derived from excavation and fill operations would be mitigated through dust control techniques (e.g., watering and/or chemical stabilization). Routine truck washing and covering truck-hauled materials would contribute to minimizing dust emissions. Gaseous emissions from construction equipment is expected to be mitigated through regular maintenance of the equipment (PG&E, 2003).

Excavated soils will be stockpiled in areas that have been disturbed previously by plant operations. These areas will be accessed via the existing road, and the transport and deposition of the excavated material is not expected to have a significant environmental impact. Material stockpiled there would be put into 1,000 cubic yards piles. PG&E has indicated that it will use best management practices (BMPs), as appropriate, to address storm water runoff, erosion control, and revegetation. All areas disturbed during decommissioning activities would be revegetated with an appropriate seed mix in accordance with Humboldt County Coastal Commission requirements (Ordinance 2157).

Decommissioning and dismantling activities are not expected to impact any state or federally listed threatened or endangered plant, terrestrial wildlife, marine life, or fish species. All such species that may occur within a 8-km (5-mile) radius of the proposed facility were considered by the applicant. None of these species were found to inhabit the area on or immediately adjacent to the HBPP Unit 3 site, nor were they identified at the spoils disposal site.

References Regional Administrator, Region IV Pacific Gas and Electric Company U.S. Nuclear Regulatory Commission Humboldt Bat Power Plant, Unit 3 611 Ryan Plaza Drive, Suite 400 Docket Nos. 50-133, 72-27 Arlington, TX 76011-8064 cc: Steven Hsu, M.S.

Mr. Edward D. Halpin Senior Health Physicist Senior Vice President and Radiological Assessment Unit Chief Nuclear Officer Radioactive Material Licensing Section Pacific Gas and Electric Company Radiologic Health Branch P.O. Box 56 Department of Health Services Mail Code 104/6 MS-7610 Avila Beach, CA 93424 P.O. Box 997414 Sacramento, CA 95899-7414 Mr. Loren Sharp Director and Plant Manager Redwood Alliance Humboldt Bay Nuclear P.O. Box 293 Pacific Gas & Electric Company Arcata, CA 95521 1000 King Salmon Avenue Eureka, CA 95503 Dr. Rich Ferguson, Energy Chair Sierra Club California R. Terry Nelson, Director 1100 11th Street, Suite 311 Fossil Generation Sacramento, CA 94814 Mail Code N11E Pacific Gas & Electric Company California Public Utilities Commission P.O. Box 770000 505 Van Ness, Room 4102 San Francisco, California 94177-0001 San Francisco, CA 94102 Jennifer K. Post Mr. James D. Boyd, Commissioner Law Department California Energy Commission Pacific Gas & Electric Company 1516 Ninth Street 77 Beale Street, B30A Sacramento, CA 95814 San Francisco, CA 94120 Deputy Attorney General Chairman, Humboldt County Board of State of California Supervisors 110 West A Street, Suite 700 County Courthouse San Diego, CA 92101 825 Fifth Street Eureka, CA 95501 Mr. Rodney R. McInnis, Regional Administrator Mr. Gonzalo Perez National Oceanic and Atmospheric Radiation Program Director Administration Radiologic Health Branch National Marine Fisheries Service State Department of Health Services Southwest Region P.O. Box 997414 (MS 7610) 501 West Ocean Boulevard, Suite 4200 Sacramento, CA 95899-7414 Long Beach, CA 90802-4213