ML16286A558
| ML16286A558 | |
| Person / Time | |
|---|---|
| Site: | North Anna  (SNM-2507) |
| Issue date: | 10/07/2016 |
| From: | Schulz C US Dept of Interior, Fish & Wildlife Service |
| To: | Environmental Review Branch |
| Trefethen J | |
| Shared Package | |
| ML16279A447 | List: |
| References | |
| Download: ML16286A558 (16) | |
Text
United States Department of the Interior FISH AND WILDLIFE SERVICE Virginia Field Office 6669 Short Lane Gloucester, VA 23061 Date:
Self-Certification Letter Project Name:
Dear Applicant:
Thank you for using the U.S. Fish and Wildlife Service (Service) Virginia Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C.. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L.91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid.
This letter and the project review package will be maintained in our records.
The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. These conclusions resulted in:
no effect determinations for proposed/listed species and/or proposed/designated critical habitat; and/or may affect, not likely to adversely affect determinations for proposed/listed species and/or proposed/designated critical habitat; and/or may affect, likely to adversely affect determination for the Northern long-eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016 Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; and/or no Eagle Act permit required determinations for eagles.
10/07/2016 North Anna Power Station ISFSI License Renewal
Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the no effect or not likely to adversely affect determinations for proposed and listed species and proposed and designated critical habitat; the may affect determination for Northern long-eared bat; and/or the no Eagle Act permit required determinations for eagles. Additional coordination with this office is not needed.
Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year.
Information about the online project review process including instructions and use, species information, and other information regarding project reviews within Virginia is available at our website http://www.fws.gov/northeast/virginiafield/endspecies/project_reviews.html. If you have any questions, please contact Troy Andersen of this office at (804) 824-2428.
Sincerely, Cindy Schulz Field Supervisor Virginia Ecological Services Enclosures - project review package
United States Department of the Interior FISH AND WILDLIFE SERVICE Virginia Ecological Services Field Office 6669 SHORT LANE GLOUCESTER, VA 23061 PHONE: (804)693-6694 FAX: (804)693-9032 URL: www.fws.gov/northeast/virginiafield/
Consultation Code: 05E2VA00-2017-SLI-0073 October 07, 2016 Event Code: 05E2VA00-2017-E-00083 Project Name: North Anna ISFSI License Renewal
Subject:
List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531
). Any activity et seq.
proposed on National Wildlife Refuge lands must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.
New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402
), Federal agencies are required et seq.
to utilize their authorities to carry out programs for the conservation of threatened and
endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668
), and projects affecting these species may require et seq.
development of an eagle conservation plan (http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.
Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at:
http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.
Attachment 2
http://ecos.fws.gov/ipac, 10/07/2016 08:49 AM 1
Official Species List Provided by:
Virginia Ecological Services Field Office 6669 SHORT LANE GLOUCESTER, VA 23061 (804) 693-6694 http://www.fws.gov/northeast/virginiafield/
Consultation Code: 05E2VA00-2017-SLI-0073 Event Code: 05E2VA00-2017-E-00083 Project Type: ** OTHER **
Project Name: North Anna ISFSI License Renewal Project
Description:
Dominion initiated the proposed federal action by submitting an application for renewal of its North Anna Power Station specifically-licensed independent spent fuel storage installation for a 40-year period. The ISFSI occupies approximately 4.4 hectares (ha) (11 acres [ac])
of the approximately 422 ha (1043 ac) of land occupied by the NAPS site. The NAPS site is located in rural Louisa County.
Please Note: The FWS office may have modified the Project Name and/or Project Description, so it may be different from what was submitted in your previous request. If the Consultation Code matches, the FWS considers this to be the same project. Contact the office in the 'Provided by' section of your previous Official Species list if you have any questions or concerns.
United States Department of Interior Fish and Wildlife Service Project name: North Anna ISFSI License Renewal
http://ecos.fws.gov/ipac, 10/07/2016 08:49 AM 2
Project Location Map:
Project Coordinates: MULTIPOLYGON (((-77.79644250869751 38.055035726467096, -
77.79650688171387 38.05321091638558, -77.7928376197815 38.05310953671377, -
77.79300928115845 38.05520468806223, -77.79644250869751 38.055035726467096)))
Project Counties: Louisa, VA United States Department of Interior Fish and Wildlife Service Project name: North Anna ISFSI License Renewal
http://ecos.fws.gov/ipac, 10/07/2016 08:49 AM 3
Endangered Species Act Species List There are a total of 1 threatened or endangered species on your species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Critical habitats listed under the Has Critical Habitat column may or may not lie within your project area. See the Critical habitats within your project area section further below for critical habitat that lies within your project. Please contact the designated FWS office if you have questions.
Mammals Status Has Critical Habitat Condition(s)
Northern long-eared Bat (Myotis septentrionalis)
Population: Wherever found Threatened United States Department of Interior Fish and Wildlife Service Project name: North Anna ISFSI License Renewal
http://ecos.fws.gov/ipac, 10/07/2016 08:49 AM 4
Critical habitats that lie within your project area There are no critical habitats within your project area.
United States Department of Interior Fish and Wildlife Service Project name: North Anna ISFSI License Renewal
http://ecos.fws.gov/ipac, 10/07/2016 08:49 AM - Appendix A 1
Appendix A: FWS National Wildlife Refuges and Fish Hatcheries There are no refuges or fish hatcheries within your project area.
United States Department of Interior Fish and Wildlife Service Project name: North Anna ISFSI License Renewal
Species Conclusions Table Project Name: North Anna Independent Spent Fuel Storage Installation License Renewal Date: 10/07/2016 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Northern long-eared Bat (Myotis septentrionalis)
Suitable habitat present May affect According to the licensee, Virginia Electric and Power Company (Dominion Virginia Power or Dominion), no protected species has been observed in the vicinity of the ISFSI by NAPS environmental personnel.
State-threatened loggerhead shrikes have been seen in the vicinity, but no breeding pairs have been observed.
Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d)
Rule on the Northern Long-Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project-specific section 7 responsibilities.
Critical habitat No critical habitat present No effect Bald eagle Unlikely to disturb nesting bald eagles No Eagle Act permit required According to the licensee, Virginia Electric and Power Company (Dominion Virginia Power or Dominion), bald eagles, protected under the Bald and Golden Eagle Protection Act, forage around Lake Anna, and one bald eagle was observed nesting on a transmission tower adjacent to the NAPS switchyard in 2015.
This nest is greater than 660 feet from the ISFSI (a buffer typically required by National bald eagle guidelines).
Bald eagle Does not intersect with an eagle concentration area No Eagle Act permit required
VaFWIS Search Report Compiled on 10/8/2016, 10:17:51 AM Known or likely to occur within a 10 mile radius around point 38,04,20.7 -77,49,39.7 in 085 Hanover County, 109 Louisa County, 137 Orange County, 177 Spotsylvania County, VA. 542 Known or Likely Species ordered by Status Concern for Conservation (displaying first 25) (25 species with Status* or Tier I** or Tier II** )
BOVA Code Status* Tier**
Common Name Scientific Name 060003 FESE Ia Wedgemussel, dwarf Alasmidonta heterodon 010032 FESE Ib Sturgeon, Atlantic Acipenser oxyrinchus 050022 FTST Ia Bat, northern long-eared Myotis septentrionalis 050020 SE Ia Bat, little brown Myotis lucifugus lucifugus 050034 SE Ia Bat, Rafinesque's eastern big-eared Corynorhinus rafinesquii macrotis 050027 SE Ia Bat, tri-colored Perimyotis subflavus 040293 ST Ia Shrike, loggerhead Lanius ludovicianus 060081 ST IIa Floater, green Lasmigona subviridis 040292 ST Shrike, migrant loggerhead Lanius ludovicianus migrans 030063 CC IIIa Turtle, spotted Clemmys guttata 030012 CC IVa Rattlesnake, timber Crotalus horridus 010077 Ia Shiner, bridle Notropis bifrenatus 100248 Ia Fritillary, regal Speyeria idalia idalia 040213 Ic Owl, northern saw-whet Aegolius acadicus 040052 IIa Duck, American black Anas rubripes 040029 IIa Heron, little blue Egretta caerulea caerulea 040036 IIa Night-heron, yellow-crowned Nyctanassa violacea violacea 040181 IIa Tern, common Sterna hirundo 040320 IIa Warbler, cerulean Setophaga cerulea 040140 IIa Woodcock, American Scolopax minor 060071 IIa Lampmussel, yellow Lampsilis cariosa 060029 IIa Lance, yellow Elliptio lanceolata 040203 IIb Cuckoo, black-billed Coccyzus erythropthalmus 040105 IIb Rail, king Rallus elegans 060175 IIb Slabshell, Roanoke Elliptio roanokensis
- FE=Federal Endangered; FT=Federal Threatened; SE=State Endangered; ST=State Threatened; FC=Federal Cand idate; CC=Collection Concern
- I=VA Wildlife Action Plan - Tier I - Critical Conservation Need; II=VA Wildlife Action Plan - Tier II - Very High Co nservation Need; III=VA Wildlife Action Plan - Tier III - High Conservation Need; IV=VA Wildlife Action Plan - Tie r IV - Moderate Conservation Need Virginia Widlife Action Plan Conservation Opportunity Ranking:
a - On the ground management strategies/actions exist and can be feasibly implemented.; b - On the ground actions or r esearch needs have been identified but cannot feasibly be implemented at this time.; c - No on the ground actions or rese arch needs have been identified or all identified conservation opportunities have been exhausted.
Anadromous Fish Use Streams N/A Impediments to Fish Passage ( 12 records )
View Map of All Fish Impediments ID Name River View Map 618 BEARS DEN DAM NORTH FORK LITTLE RIVER Yes 647 FLYTHE DAM TR-BLUFF RUN Yes 617 GOODWINS DAM TR-LITTLE RIVER Yes 671 LAKE ANNA DAM & RESERVOIR NORTH ANNA RIVER Yes 628 LITTLE RIVER DAM #1 LITTLE RIVER Yes 672 NORTH ANNA CAT I SERVICE WATER DIKE NORTH ANNA-OS Yes 619 PETTIT DAM NORTH FORK LITTLE RIVER Yes 652 RAMS LAKE DAM GLADY RUN Yes 635 SOUTH ANN DAM #23 DESPER CREEK Yes 634 SOUTH ANNA DAM #22 NORTHEAST CREEK Yes 616 SWIFTS DAM LITTLE RIVER Yes 650 TOWLEYS DAM BLACK ROCK RUN Yes Threatened and Endangered Waters: N/A Managed Trout Streams: N/A Bald Eagle Concentration Areas and Roosts: N/A
Bald Eagle Nests ( 7 records )
View Map of All Query Results Bald Eagle Nests Nest N Obs Latest Date DGIF Nest Status View Map LO0104 1
Jan 1 2001 HISTORIC Yes LO0201 7 Mar 19 2010 UNKNOWN Yes LO0601 3
Jan 1 2007 UNKNOWN Yes LO0602 6 Mar 19 2010 UNKNOWN Yes LO0901 2 Apr 11 2010 UNKNOWN Yes LO9801 3 Mar 19 2010 HISTORIC Yes SP0701 3 Apr 9 2007 UNKNOWN Yes Displayed 7 Bald Eagle Nests Habitat Predicted for Aquatic WAP Tier I & II Species ( 2 Reaches )
View Map Combined Reaches from Below of Habitat Predicted for WAP Tier I & II Aquatic Species Stream Name Tier Species View Map Highest TE*
BOVA Code, Status*, Tier**,
Common & Scientific Name Bluff Run (20801051)
FESE 060003 FESE Ia Wedgemussel, dwarf Alasmidonta heterodon Yes North Anna River (20801061)
ST 060081 ST IIa Floater, green Lasmigona subviridis Yes Habitat Predicted for Terrestrial WAP Tier I & II Species: N/A
Virginia Breeding Bird Atlas Blocks ( 11 records )
View Map of All Query Results Virginia Breeding Bird Atlas Blocks BBA ID Atlas Quadrangle Block Name Breeding Bird Atlas Species View Map Different Species Highest TE*
Highest Tier**
48144 Belmont, CE 4
IV Yes 48146 Belmont, SE 72 III Yes 48145 Belmont, SW 65 III Yes 49146 Brokenburg, SE 65 III Yes 47146 Lahore, SE 60 III Yes 49131 Lake Anna East, NW 21 III Yes 49136 Lake Anna East, SE 61 III Yes 49135 Lake Anna East, SW 1
Yes 48136 Lake Anna West, SE 59 III Yes 46136 Louisa, SE 63 III Yes 47136 Mineral, SE 73 ST I
Yes Public Holdings: ( 1 names )
Name Agency Level Lake Anna State Park VA Dept. of Conservation and Recreation State Summary of BOVA Species Associated with Cities and Counties of the Commonwealth of Virginia:
FIPS Code City and County Name Different Species Highest TE Highest Tier 085 Hanover 384 FTSE I
109 Louisa 368 FESE I
137 Orange 349 FTSE I
177 Spotsylvania 379 FTSE I
USGS 7.5' Quadrangles:
Louisa, Pendleton, Mineral, Lahore, Buckner, Lake Anna West, Belmont, Beaverdam, Lake Anna East, Brokenburg USGS NRCS Watersheds in Virginia: N/A USGS National 6th Order Watersheds Summary of Wildlife Action Plan Tier I, II, III, and IV Species:
HU6 Code USGS 6th Order Hydrologic Unit Different Species Highest TE Highest Tier YO04 South Anna River-Harris Creek 55 ST II YO05 South Anna River-Fork Creek 60 FESE I
YO06 Cub Creek 52 ST II YO12 North Anna River-Mountain Run 52 ST I
YO13 Hickory Creek 49 ST I
YO14 Gold Mine Creek 46 SS II YO15 North Anna River-Lake Anna-Christopher Creek 51 ST I
YO16 Pamunkey Creek-Lake Anna-Clear Creek 41 I
YO17 Terrys Run-Lake Anna 40 I
YO18 Pamunkey Creek/Lake Anna-Plentiful Creek 39 I
YO19 Contrary Creek-Lake Anna 48 SS II YO20 North Anna River/Lake Anna-Pigeon Run 50 SS I
YO21 North Anna River/Lake Anna-Elk Creek 50 SS I
YO22 Northeast Creek 39 I
YO23 North Anna River-Hawkins Creek 59 SE I
YO24 Upper Little River 58 SE I
YO25 Lower Little River 59 SE I
YO39 Po River-Robertson Run 47 FESE I
YO40 Glady Run 41 FESE I
YO43 Mat River 44 FESE I
YO44 Ta River 43 FESE I
YO46 South River 56 SS I