ML14167A086

Operating License Renewal

ML14167A086
Person / Time
Site:	Davis Besse
Issue date:	05/05/2014
From:	Briana Grange NRC/NRR/DLR/RERGUB
To:	Finfera J US Dept of Interior, Fish & Wildlife Service
References
Download: ML14167A086 (7)

Text

NRR-PMDAPEm Resource From: Grange, Briana Sent: Monday, May 05, 2014 1:43 PM To: Finfera, Jennifer

Subject:

RE: Davis Besse operating license renewal Hi Jenny, The lease for Navarre Marsh expires in 2021, and the plant intends to renew the lease at that time. I am getting more info from my contact at the plant, including who the best person is for the Ottawa National Wildlife Refuge staff to contact. Ill let you know more once I hear back.

The license renewal will likely not be granted within the next 6 months. Right now, our official schedule has a TBD date for the final decision due to delays in the safety review. So, it sounds like making a determination for the northern long-eared bat would be appropriate.

You can send the letter to Dave Wrona. Here is the full address:

David J. Wrona Mail Stop O-11F1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 If you are able, CCing me electronically via email would be helpful. Our mail can take a few days to several weeks to process sometimes!

Thanks, Briana

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Briana A. Grange Biologist U.S. Nuclear Regulatory Commission NRR/DLR/RERB (301) 415-1042 briana.grange@nrc.gov From: Finfera, Jennifer [1]

Sent: Monday, May 05, 2014 1:35 PM To: Grange, Briana

Subject:

Re: Davis Besse operating license renewal

Briana, I just have a few other quick questions:

1. Will the license renewal process take more than 6 months? If it will then it might be helpful to make a determination for the northern long-eared bat in the event that it were to be listed this fall after 12 the month review has occurred. This determination would be similar for that of the Indiana bat with the same recommendations that any tree clearing occur in the winter (October 1- March 31).

2. Should I be directly our letter to you or Dave Wrona?

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Thank you, Jenny On Sun, May 4, 2014 at 2:11 PM, Finfera, Jennifer <jennifer_finfera@fws.gov> wrote:

Briana, Is there any plans for Davis-Besse to renew its lease with Ottawa National Wildlife Refuge? and if so is there any documentation of this? The refuge is interested in the this and would like to contact someone at Davis-Besse about this.

Thank you, On Fri, May 2, 2014 at 9:06 AM, Grange, Briana <Briana.Grange@nrc.gov> wrote:

Jenny, Thanks for getting in touch with me. Two weeks is perfectI do not need a letter any sooner.

I read through your recommendations concerning the various species. As you indicated at the bottom of your email, the site is already disturbed since the Davis-Besse plant is already operating, and the proposed license renewal wouldnt involve any additional disturbances to natural habitats. I will, however, include your recommendations as mitigation measures that could avoid impacts in the projects final EIS in the circumstance that safety or other unforeseen reasons require tree or vegetation removal in the future. Thank you for including such detailed comments! Its helpful to be able to include this type of information so that our licensee understands what types of activities and times of the year could affect each species.

Briana

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Briana A. Grange Biologist U.S. Nuclear Regulatory Commission NRR/DLR/RERB (301) 415-1042 briana.grange@nrc.gov 2

From: Finfera, Jennifer [2]

Sent: Friday, May 02, 2014 8:56 AM To: Grange, Briana

Subject:

Davis Besse operating license renewal

Briana, I am coordinating with the Ottawa National Wildlife Refuge to see if they have any comments on this. I should be able to provide you a letter in the next 2 weeks. Please let me know if you need something sooner.

You have made determinations for the Indiana bat, piping plover, eastern prairie fringed orchid, and Lakeside daisy. The proposed project also lies within the range of the northern long-eared bat (Myotis septentrionalis), a species that is currently proposed for listing as federally endangered under the Endangered Species Act (ESA) (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.). The final listing decision for the northern long-eared bat is expected in October 2014. No critical habitat has been proposed at this time. Recently white-nose syndrome (WNS), a novel fungal pathogen, has caused serious declines in the northern long-eared bat population in the northeastern U.S. WNS has also been documented in Ohio, but the full extent of the impacts from WNS in Ohio is not yet known.

During winter, northern long-eared bats hibernate in caves and abandoned mines. Summer habitat requirements for the species are not well defined but the following are considered important:

(1) Roosting habitat in dead or live trees and snags with cavities, peeling or exfoliating bark, split tree trunk and/or branches, which may be used as maternity roost areas; (2) Foraging habitat in upland and lowland woodlots and tree lined corridors; (3) Occasionally they may roost in structures like barns and sheds.

Pursuant to section 7(a)(4) of the ESA, federal action agencies are required to confer with the Service if their proposed action is likely to jeopardize the continued existence of the northern long-eared bat (50 CFR 402.10(a)). Federal action agencies may also voluntarily confer with the Service if the proposed action may affect a proposed species. Nevertheless, species proposed for listing are not afforded protection under the ESA; however as soon as a listing becomes effective, the prohibition against jeopardizing its continued existence and take applies regardless of an actions stage of 3

completion. If the federal agency retains any discretionary involvement or control over on-the-ground actions that may affect the species after listing, section 7 applies.

Since it appears that some forested habitat may be present at the proposed project site, we recommend that trees exhibiting any of the characteristics listed above, as well as any wooded areas or tree lined corridors be saved wherever possible. If the trees must be cut, we recommend that they be cut between October 1 and March 31 to avoid impacts to northern long-eared bats. Incorporating these conservation measures into your project at this time may avoid significant future project delays should the listing become official.

If implementation of the seasonal tree cutting timeframe is not possible, we recommend that summer surveys be conducted to document the presence or probable absence of the northern long-eared bat within the project area during the summer. Due to the potential for the surveyor to capture federally listed endangered Indiana bats, the survey must be conducted by an approved surveyor and be designed and conducted in coordination with the Endangered Species Coordinator for this office.

The proposed project lies within the range of the Kirtlands warbler (Setophaga kirtlandii), a federally listed endangered species. The Kirtland's warbler is a small blue-gray songbird with a bright yellow breast. This species migrates through Ohio in the spring and fall, traveling between its breeding grounds in Michigan, Wisconsin, and Ontario and its wintering grounds in the Bahamas. While migration occurs in a broad front across the entire state, approximately half of all observations in Ohio have occurred within 3 miles of the shore of Lake Erie. During migration, individual birds usually forage in shrub/scrub or forested habitat and may stay in one area for a few days. If clearing of suitable habitat cannot be avoided, to preclude adverse effects to Kirtlands warblers, clearing within 3 miles of the shoreline of Lake Erie should not occur from April 22nd - June 1st, or from August 15th -

October 15th.

The proposed project lies within the range of the rufa red knot (Calidris canutus rufa), a species that is currently proposed to be listed as federally threatened. The red knot is a shorebird that known to migrate through Ohio during the spring and fall. Red knot migratory stopover habitat includes sand, gravel, or cobble beaches, and mudflats along the shore of Lake Erie. If the proposed project is expected to impact habitat of this type we recommend that further consultation with this office will be necessary.

The project also lies within the range of the eastern massasauga (Sistrurus catenatus), a small, docile rattlesnake that is currently a Federal candidate species and the Lake Erie Watersnake (Nerodia sipedon insularum), a state endangered species, and a Federal species of concern that was recently removed from the Federal list of Endangered and Threatened Wildlife and Plants due to recovery. Due to the project location and onsite habitat no impacts are expected for these species.

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MIGRATORY BIRD COMMENTS: The project lies within the range of the bald eagle (Haliaeetus leucocephalus). Bald eagles are protected under the Migratory Bird Treaty Act (16 U.S.C. 703-712; MBTA), and are afforded additional legal protection under the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d, BGEPA). BGEPA prohibits, among other things, the killing and disturbance of eagles.

Our records indicate that multiple bald eagle nests are located within 1/2 mile of the project area. To evaluate your projects potential to affect bald eagles, please visit:

http://www.fws.gov/midwest/MidwestBird/EaglePermits/baeatake/index.html.

In order to avoid take of bald eagles, we recommend that no tree clearing occur within 660 feet of a bald eagle nest or within any woodlot supporting a nest tree. Further, we request that new activity within 660 feet of a nest or within the direct line-of-site of a nest be restricted from January 15 through July 31. This will prevent disturbance of the eagles from the egg-laying period until the young fledge, which encompasses their most vulnerable times.

If these recommendations cannot be implemented and take of bald eagles is likely, a bald eagle take permit for this project may be necessary. Further information on eagle take permits can be found at:

http://www.fws.gov/midwest/MidwestBird/EaglePermits/index.html.

We realize that most of the area around the reactor has already been previously disturbed, however we recommend that if any vegetation clearing were necessary that it be completed as recommended above to avoid impacts to bats and birds. Please let us know if this is possible.

Thank you,

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Jenny Finfera Wildlife Biologist Ecological Services 4625 Morse Road, Suite 104 Columbus, Ohio 43230 5

Phone: 614-416-8993 ext.13 Fax: 614-416-8994

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Jenny Finfera Wildlife Biologist Ecological Services 4625 Morse Road, Suite 104 Columbus, Ohio 43230 Phone: 614-416-8993 ext.13 Fax: 614-416-8994

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Jenny Finfera Wildlife Biologist Ecological Services 4625 Morse Road, Suite 104 Columbus, Ohio 43230 Phone: 614-416-8993 ext.13 Fax: 614-416-8994 6

Hearing Identifier: NRR_PMDA Email Number: 1369 Mail Envelope Properties (Briana.Grange@nrc.gov20140505134300)

Subject:

RE: Davis Besse operating license renewal Sent Date: 5/5/2014 1:43:03 PM Received Date: 5/5/2014 1:43:00 PM From: Grange, Briana Created By: Briana.Grange@nrc.gov Recipients:

"Finfera, Jennifer" <jennifer_finfera@fws.gov>

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