ML21154A299

Fws Updated List of Threatened and Endangered Species for the Proposed ISP CISF

ML21154A299
Person / Time
Site:	Consolidated Interim Storage Facility
Issue date:	03/23/2021
From:	US Dept of Interior, Fish & Wildlife Service
To:	Office of Nuclear Material Safety and Safeguards
Park J, NMSS/REFS/ERMB
References
Download: ML21154A299 (6)

Text

United States Department of the Interior FISH AND WILDLIFE SERVICE Austin Ecological Services Field Office 10711 Burnet Road, Suite 200 Austin, TX 78758-4460 Phone: (512) 490-0057 Fax: (512) 490-0974 http://www.fws.gov/southwest/es/AustinTexas/

http://www.fws.gov/southwest/es/EndangeredSpecies/lists/

In Reply Refer To: March 23, 2021 Consultation Code: 02ETAU00-2017-SLI-0256 Event Code: 02ETAU00-2021-E-02015 Project Name: Interim Storage Partners (ISP-WCS) CISF

Subject:

Updated list of threatened and endangered species that may occur in your proposed project location 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 county 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 et seq.).

Please note that new information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. 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. Also 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 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of federally listed as threatened or endangered species and to determine whether projects may affect these species and/or designated critical habitat.

03/23/2021 Event Code: 02ETAU00-2021-E-02015 2 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.

While a Federal agency may designate a non-Federal representative to conduct informal consultation or prepare a biological assessment, the Federal Agency must notify the Service in writing of any such designation. The Federal agency shall also independently review and evaluate the scope and content of a biological assessment prepared by their designated non-Federal representative before that document is submitted to the Service.

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 a federally funded, permitted or authorized activity, the agency is required to consult with the Service pursuant to 50 CFR 402. The following definitions are provided to assist you in reaching a determination:

No effect - the proposed action will not affect federally listed species or critical habitat. A no effect determination does not require section 7 consultation and no coordination or contact with the Service is necessary. However, if the project changes or additional information on the distribution of listed or proposed species becomes available, the project should be reanalyzed for effects not previously considered.

May affect, but is not likely to adversely affect - the project may affect listed species and/or critical habitat; however, the effects are expected to be discountable, insignificant, or completely beneficial. Certain avoidance and minimization measures may need to be implemented in order to reach this level of effect. The Federal agency or the designated non-Federal representative should consult with the Service to seek written concurrence that adverse effects are not likely. Be sure to include all of the information and documentation used to reach your decision with your request for concurrence. The Service must have this documentation before issuing a concurrence.

Is likely to adversely affect - adverse effects to listed species may occur as a direct or indirect result of the proposed action. For this determination, the effect of the action is neither discountable nor insignificant. If the overall effect of the proposed action is beneficial to the listed species but the action is also likely to cause some adverse effects to individuals of that species, then the proposed action is likely to adversely affect the listed species. The analysis should consider all interrelated and interdependent actions.

An is likely to adversely affect determination requires the Federal action agency to initiate formal section 7 consultation with our office.

Regardless of the determination, the Service recommends that the Federal agency maintain a complete record of the evaluation, including steps leading to the determination of effect, the qualified personnel conducting the evaluation, habitat conditions, site photographs, and any other related information. 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

03/23/2021 Event Code: 02ETAU00-2021-E-02015 3 Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF.

Migratory Birds For projects that may affect migratory birds, the Migratory Bird Treaty Act (MBTA) implements various treaties and conventions for the protection of these species. Under the MBTA, taking, killing, or possessing migratory birds is unlawful. Migratory birds may nest in trees, brushy areas, or other areas of suitable habitat. The Service recommends activities requiring vegetation removal or disturbance avoid the peak nesting period of March through August to avoid destruction of individuals, nests, or eggs. If project activities must be conducted during this time, we recommend surveying for nests prior to conducting work. If a nest is found, and if possible, the Service recommends a buffer of vegetation remain around the nest until the young have fledged or the nest is abandoned.

For additional information concerning the MBTA and recommendations to reduce impacts to migratory birds please contact the U.S. Fish and Wildlife Service Migratory Birds Office, 500 Gold Ave. SW, Albuquerque, NM 87102. A list of migratory birds may be viewed at https://

www.fws.gov/birds/management/managed-species/migratory-bird-treaty-act-protected-species.php. Guidance for minimizing impacts to migratory birds for projects including communications towers can be found at: https://www.fws.gov/birds/management/project-assessment-tools-and-guidance/guidance-documents/communication-towers.php. Additionally, wind energy projects should follow the wind energy guidelines https://www.fws.gov/birds/management/project-assessment-tools-and-guidance/guidance-documents/wind-energy.php ) for minimizing impacts to migratory birds and bats.

Finally, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan https://www.fws.gov/birds/management/project-assessment-tools-and-guidance/guidance-documents/eagles.php.

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(s):

Official Species List

03/23/2021 Event Code: 02ETAU00-2021-E-02015 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

Austin Ecological Services Field Office 10711 Burnet Road, Suite 200 Austin, TX 78758-4460 (512) 490-0057

03/23/2021 Event Code: 02ETAU00-2021-E-02015 2 Project Summary Consultation Code: 02ETAU00-2017-SLI-0256 Event Code: 02ETAU00-2021-E-02015 Project Name: Interim Storage Partners (ISP-WCS) CISF Project Type: DEVELOPMENT Project

Description:

ISP is requesting authorization to construct and operate a Consolidated Interim Storage Facility (CISF) for spent nuclear fuel and greater than Class C waste north and adjacent to WCSs facility in Andrews County, Texas (the proposed action). WCS currently operates facilities that process and store certain types of radioactive material, mainly Low-Level Waste (LLW) and Mixed Waste (i.e., waste that is both hazardous waste and LLW). ISP intends to store up to 40,000 metric tons uranium in the CISF. The CISF would be located on approximately 130 ha (320 acres).

An associated rail sidetrack is proposed to be constructed that would connect to the existing track south of the CISF. The outline of the project location is skewed to include the extent of the rail sidetrack and access road. ISP is requesting a license for a term of 40 years.

Project Location:

Approximate location of the project can be viewed in Google Maps: https://

www.google.com/maps/@32.45336198785077,-103.05661308368241,14z Counties: Andrews County, Texas

03/23/2021 Event Code: 02ETAU00-2021-E-02015 3 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this 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. Note that 2 of these species should be considered only under certain conditions.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

Birds NAME STATUS Northern Aplomado Falcon Falco femoralis septentrionalis Endangered Population: Wherever found, except where listed as an experimental population No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/1923 Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered.

There is final critical habitat for this species. The location of the critical habitat is not available.

This species only needs to be considered under the following conditions:

Wind Energy Projects Species profile: https://ecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus rufa Threatened No critical habitat has been designated for this species.

This species only needs to be considered under the following conditions:

Wind Energy Projects Species profile: https://ecos.fws.gov/ecp/species/1864 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.