ML23036A004
| ML23036A004 | |
| Person / Time | |
|---|---|
| Site: | Hermes File:Kairos Power icon.png |
| Issue date: | 01/27/2023 |
| From: | Elbert D US Dept of Interior, Fish & Wildlife Service, TN Ecological Services Field Office |
| To: | Office of Nuclear Material Safety and Safeguards |
| References | |
| NUREG-2263 | |
| Download: ML23036A004 (1) | |
Text
FWS Log No:
The Service concurs with your effect determination(s) for resources protected by the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). This finding fulfills the requirements of the Act. If project design changes are made or new information becomes available, please submit new plans for review.
Field Supervisor Date Tennessee Ecological Services Field Office 2023-0026864 DANIEL ELBERT Digitally signed by DANIEL ELBERT Date: 2023.01.27 09:11:03 -06'00'
NUREG-2263 Environmental Impact Statement for the Construction Permit for the Kairos Hermes Test Reactor Draft Report for Comment Office of Nuclear Material Safety and Safeguards
NUREG-2263 Environmental Impact Statement for the Construction Permit for the Kairos Hermes Test Reactor Draft Report for Comment Manuscript Completed: September 2022 Date Published: September 2022 Office of Nuclear Material Safety and Safeguards
COMMENTS ON DRAFT REPORT 1
Any interested party may submit comments on this report for consideration by the NRC staff.
2 Comments may be accompanied by additional relevant information or supporting data. Please 3
specify the report number NUREG-2263 in your comments, and send them by the end of the 4
comment period specified in the Federal Register notice announcing the availability of this 5
report.
6 Addresses: You may submit comments by any one of the following methods. Please include 7
Docket ID NRC-2021-0193 in the subject line of your comments. Comments submitted in writing 8
or in electronic form will be posted on the NRC website and on the Federal rulemaking website 9
10 NRC project e-mail address: Electronic comments may be sent by email to the NRC at 11 KairosHermes-CPEIS@nrc.gov.
12 Federal Rulemaking Website: Go to http://www.regulations.gov and search for documents 13 filed under Docket ID NRC-2021-0193.
14 Mail comments to: Office of Administration, Mail Stop: TWFN-07-A60M, U.S. Nuclear 15 Regulatory Commission, Washington, DC 20555-0001.
16 For any questions about the material in this report, please contact: Tamsen Dozier, 17 Environmental Project Manager, 301-415-2272 or by email at Tamsen.Dozier@nrc.gov or 18 contact Peyton Doub, Technical Lead, 301-415-6703 or by email at Peyton.Doub@nrc.gov.
19 Please be aware that any comments that you submit to the NRC will be considered a public 20 record and entered into the Agencywide Documents Access and Management System 21 (ADAMS). Do not provide information you would not want to be publicly available.
22 23
iii COVER PAGE 1
Responsible Agency: U.S. Nuclear Regulatory Commission, Office of Nuclear Material Safety 2
and Safeguards 3
Title:
Environmental Impact Statement for the Construction Permit for the Kairos Hermes Test 4
Reactor, Draft Report for Comment 5
Contact:
Tami Dozier, Environmental Project Manager 6
Division of Rulemaking, Environmental, and Financial Support 7
Office of Nuclear Material Safety and Safeguards 8
U.S. Nuclear Regulatory Commission 9
Washington, D.C. 20555-0001 10 Phone: 1-301-415-2272 11 Email: Tamsen.Dozier@nrc.gov 12 ABSTRACT 13 The U.S Nuclear Regulatory Commission (NRC) has prepared this draft environmental impact 14 statement (EIS) in response to an application submitted by Kairos Power, LLC (Kairos) for a 15 construction permit (CP) for a non-power test reactor termed Hermes at a site in Oak Ridge, 16 Tennessee. Kairos plans to build and operate Hermes to demonstrate key elements of the 17 Kairos Power Fluoride Salt-Cooled, High Temperature Reactor technology for possible future 18 commercial deployment. This draft EIS includes the analysis that evaluates the environmental 19 impacts of the proposed action and considers the following two alternatives to the proposed 20 action: (1) the no-action alternative (i.e., the CP is denied) and (2) building the proposed 21 Hermes non-power test reactor at a site near Idaho Falls, Idaho.
22 After weighing the environmental, economic, technical, and other benefits against environmental 23 and other costs, and considering reasonable alternatives, the NRC staff recommends, unless 24 safety issues mandate otherwise, that the NRC issue the CP to Kairos. The NRC staff based its 25 recommendation on the following factors:
26 x the NRC staffs review of Kairos environmental report (included as part of the CP 27 application) and associated responses from Kairos to requests from the NRC staff for 28 clarifying information; 29 x the NRC staffs review of comments received as part of the scoping process; 30 x the NRC staffs communications with, and scoping comments received from, Federal, State, 31 and local agencies, as well as Tribal officials; and 32 x the NRC staffs independent environmental review.
33 The NRCs staffs recommendation in this draft EIS is tentative. Before identifying a final 34 recommendation in the final EIS, the NRC staff will also consider comments received on the 35 draft EIS from Federal, State, local, and Tribal officials, and members of the public.
36 37
3-26 undergoing construction approximately 2 mi west of the site; and other land use features of a 1
suburban or semi-rural landscape. Construction, operation, and decommissioning actions for 2
the proposed Hermes facilities or the planned Atlas facility adjacent to the Hermes site would 3
not directly use groundwater or surface water. The Atlas facility is anticipated to use the same 4
BMPs in compliance with Federal, State and local environmental laws, rules, regulations and 5
statutes in coordination with the DOE. Therefore, the staff finds that the proposed action would 6
implement appropriate stormwater management, spill prevention and response plans, an 7
environmental monitoring program, and comply with stormwater permit requirements including 8
the SWPP. Further, because the proposed action would be built and operated within an existing 9
industrial park, the NRC staff finds it would not contribute to the adverse cumulative impacts on 10 groundwater or surface water resources in Poplar Creek or in the Clinch River arm of the Watts 11 Bar Reservoir.
12 3.3.2.6 Conclusions 13 The NRC staff concludes that the potential direct, indirect, and cumulative water resource 14 impacts of the proposed action would be SMALL. This conclusion is based primarily on the fact 15 that the water demands of the Hermes facilities would be met through municipal or commercial 16 suppliers, there would be no direct groundwater or surface or water use, and that disturbances 17 to groundwater from potential dewatering would be temporary and localized to the hydrologically 18 isolated onsite shallow aquifer in accordance with BMPs and the required permits. The NRC 19 staff recognizes that there could be minor impacts on the municipal water supply due to the 20 relatively small increased daily demand of the facility (0.07 mgd); however, the planned 21 increases in the City of Oak Ridges municipal water supply and existing wastewater treatment 22 capacity would be adequate to service the facility and the future water treatment plant would 23 create additional reserve capacity. Given the municipal water supply source and the low water 24 demands of the Hermes project, the proposed facilities would result in minimal effects on 25 aquifers and surface water bodies.
26 3.4 Ecological Resources 27 3.4.1 Affected Environment 28 The site is situated in the Southern Limestone/Dolomite Valley and Low Rolling Hills ecoregion, 29 which is characterized by limestone and cherty dolomite with rolling ridges and valleys with soils 30 of varying productivity (Kairos 2021-TN7880 Sec 3.5.1). Section 3.5.7.1 of the ER describes 31 terrestrial habitats on the site (Kairos 2021-TN7880). The 185 ac site consists of 88 ac of 32 developed land, 72 ac of herbaceous grassland, 19 ac of deciduous forest, and 6 ac of mixed 33 evergreen/deciduous forest. As seen in Figure 3.1-1 of the ER (Kairos 2021-TN7880), the 34 developed land and herbaceous grassland correspond mostly to lands previously occupied by 35 former DOE Buildings K-31 and K-33, while the forested land occurs only in perimeter areas on 36 riparian lands separating the previously developed lands from Poplar Creek. The ER notes that 37 the only wetland on the site occurs in the forested perimeter lands adjoining Poplar Creek, and 38 that none occurs in the previously disturbed lands that formerly accommodated DOE Buildings 39 K-31 and K-33 (Kairos 2021-TN7880 Sec 3.5.6 and Figure 3.5-2). The NRC staff accessed 40 the online National Wetlands Inventory mapper maintained by the U.S. Fish and Wildlife Service 41 (FWS) on March 9, 2022; and the mapper showed only one wetland on or adjacent to the site, 42 the channel of Poplar Creek, but it did not show the wetlands mentioned in the ER (FWS 2022-43 TN5327). There are no aquatic habitats on the site, although the site adjoins Poplar Creek, a 44 tributary to the Clinch River arm of Watts Bar Reservoir (Kairos 2021-TN7880 Sec 3.5.5).
45
3-27 A 17 ac holding pond (K-901-A Holding Pond) is approximately 700 ft west-southwest of the site 1
(Kairos 2021-TN7880 Sec 3.5.5.3).
2 Given its industrial history, the site can be expected to provide poor quality ecological habitat 3
(Kairos 2021-TN7880 Sec 3.5.2). The developed and grassland areas on the site consist of 4
grasses and forbs typical of previously disturbed soils, as characterized in Section 3.5.7.1 of the 5
ER (Kairos 2021-TN7880). Terrestrial wildlife expected to occur on the siteincluding 6
mammals, birds, reptiles, and amphibiansis described in Section 3.5.7.2 of the ER (Kairos 7
2021-TN7880). Species of wildlife expected in the previously developed lands formerly 8
occupied by DOE Buildings K-31 and K-33 are the regionally abundant species typical of open 9
field habitats. The applicant characterizes the aquatic biota of the Clinch River arm of the Watts 10 Bar Reservoir; including fish, benthic macroinvertebrates, and plankton; in Section 3.5.5.1 of the 11 ER. Because the reach of Poplar Creek adjoining the site is influenced by water levels in the 12 reservoir, the applicant posits in Section 3.5.5.2 of the ER that the aquatic habitat in that part of 13 the creek can be expected to be similar. Due to the history of disturbance on the site and 14 surrounding areas, and in the adjoining reach of Poplar Creek, the terrestrial and aquatic biota 15 in the area has been substantially influenced by invasive species (Kairos 2021-TN7880 Sec 16 3.5.8). The applicant also describes aquatic biota in the K-901 Holding Pond in Section 3.5.5.3 17 of the ER, but the Hermes project is unlikely to affect this pond, which is located approximately 18 700 ft away from the site. The applicant summarizes the history of ecological monitoring by 19 DOE under the ORR Biological Monitoring and Abatement Program in Section 3.5.10 of the ER.
20 Section 3.5.11 of the ER identifies and characterizes species protected under Federal and State 21 regulations based on a review of databases maintained by the FWS and TDEC (Kairos 2021-22 TN7880). Species addressed include those listed as threatened or endangered under the 23 Federal Endangered Species Act (ESA) (TN1010) (or designated with another special Federal 24 status), species designated with a State protected status, migratory birds protected under the 25 Migratory Bird Treaty Act, and eagles protected under the Bald and Golden Eagle Protection 26 Act. Each species with a Federal or State protected status is listed in Table 3.5-2 of the ER 27 (Kairos 2021-TN7880). The applicant accessed the FWS Information for Planning and 28 Consultation (IPaC) database on May 24, 2021, to identify Federally listed species and habitats 29 for purposes of preparing the ER. The NRC staff accessed the database independently on 30 February 24, 2022, and received similar results. Both the applicant and NRC staff used the 31 185 ac site as the action area for the IPaC search because the site is a large lot within an 32 established industrial park (the Heritage Center within the East Tennessee Technology Park).
33 The action area therefore encompasses the lands previously distributed by former DOE 34 operations, but for conservatism also includes the slivers of riparian forested land on the site 35 bordering Poplar Creek that might be affected by project-related noise. Neither the applicant 36 nor the NRC staff extended the action area beyond the site boundary because it would then 37 encompass areas distinctly different from those actually affected by the Hermes project.
38 The IPaC searches indicate that four Federally listed endangered species, four Federally listed 39 threatened species, and one Federal candidate species could potentially occur at the site. The 40 endangered species include two mammal species, the gray bat (Myotis grisescens) and Indiana 41 bat (M. soldalis); and two freshwater clam species, the finerayed pigtoe (Fusconaia cuneolus) 42 and shiny pigtoe (F. cor). The threatened species include one bat species, the northern long-43 eared bat (M. septentrionalis); one fish species, the spotfin chub (Erimonax monachus); and two 44 plant species, the Virginia spiraea (Spiraea virginiana) and white fringeless orchid (Platanthera 45 integrilabia).
46
3-28 A biological assessment (BA) recently completed for the nearby CRN site (NRC 2019-TN6136 1
Appendix M), approximately 2 mi south of the Hermes site, addresses the gray bat, Indiana bat, 2
and northern long-eared bat. For each of the three bat species, the BA characterizes the range, 3
status and threats, life history, and baseline data from past field surveys in the region.
4 According to the BA, gray bats hibernate in deep caves during the winter but disperse within the 5
protection of forest canopy to a broader variety of caves during the rest of the year to form 6
maternity colonies. Indiana and northern long-eared bats also hibernate in caves (the latter also 7
in mines or human-made structures) and disperse to forested areas to form maternity roosts in 8
trees. The BA reports the results of past field studies, including mist netting studies and 9
acoustic studies, for the three bat species in the Oak Ridge area. Based on information in the 10 BA, the NRC staff expects that each of the three bat species may potentially forage, and thus 11 could be transiently present anywhere in the Oak Ridge area. However, the absence of trees or 12 vegetation other than ruderal vegetation in the area where the Hermes facilities would be sited 13 suggests that even transient presence in the affected area is unlikely. The 135 ac of land 14 potentially subject to temporary or permanent disturbance for building, operating, and 15 decommissioning the Hermes facilities contains trees and thus lacks any potential roost or 16 maternity trees.
17 The NRC staff recognizes that the subject bat and plant species would be unlikely to occur 18 anywhere in the action area other than in the forest and other riparian vegetation separating the 19 project lands from Poplar Creek, and that the only part of the action area where the clam and 20 fish species could occur is the channel of Poplar Creek. The searches did not indicate the 21 presence of critical habitat identified under the ESA.
22 The NRC staff initiated its own informal consultation under ESA Section 7 through written 23 correspondence with the FWS dated March 10, 2022 (NRC 2022-TN7918). The staff received 24 an E-mail from FWS dated April 15, 2022 (FWS 2022-TN7956) requesting that NRC include in 25 this draft EIS a biological evaluation addressing the potential impacts from the Hermes project 26 to potentially affected resources covered by the Endangered Species Act. Table 3-4, together 27 with information included in the subsections below, constitute the NRC staffs biological 28 evaluation. The staff is presently working with FWS to close the consultation process.
29 3.4.2 Environmental Consequences of Construction 30 Building the proposed facilities would involve temporary disturbance of approximately 138 ac on 31 the site, of which 58 ac consist of herbaceous grassland and the remainder consists of existing 32 developed land (Kairos 2021-TN7880 Table 4.5-1). As depicted in Figure 2.2-1 of the ER 33 (Kairos 2021-TN7880), no naturally vegetated land would be disturbed, including the deciduous 34 and mixed evergreen/deciduous forest on the site. Approximately 30 ac of the temporarily 35 disturbed herbaceous grassland would be permanently converted to industrial land cover.
36 Because all of the disturbed vegetation occupies previously disturbed soils, the disturbances 37 would not further promote establishment of invasive species. The applicant plans to restore 38 herbaceous grassland to the remaining temporarily disturbed land (Kairos 2021-TN7880 Sec 39 4.5.1.3). No wetlands or aquatic habitats would be disturbed (Kairos 2021-TN7880 Sec 40 4.5.1.2). The applicant proposes to manage stormwater on the site using BMPs as required by 41 the TDEC (Kairos 2021-TN7880 Sec 4.5.1.2). Common BMPs for managing stormwater 42 runoff into aquatic habitats near construction sites include the use of silt fences, vegetative 43 stabilization of exposed soils, and stormwater ponds. Because of the historical disturbance of 44 the affected land and the lack of disturbance to forest and other natural vegetation, wetlands, or 45 aquatic habitat, the NRC staff expects that effects on terrestrial wildlife habitats would be 46 minimal.
47
3-29 Mobile terrestrial wildlife can be expected to avoid areas where construction equipment is in use 1
(Kairos 2021-TN7880 Sec 4.5.1.3). Less mobile wildlife could be injured or killed by 2
equipment, but because of the low-quality of the affected habitat, any losses are unlikely to be 3
ecologically substantial. Birds might be injured or killed by collision with tall structures or 4
equipment such as construction cranes (Kairos 2021-TN7880 Sec 4.5.1.3), but a recent 5
literature review by the NRC staff indicates that bird collisions with structures at nuclear power 6
sites are generally not substantive (NRC 2013-TN2654 Sec 4.6.1.1). That review focused on 7
structures such as natural draft cooling towers, communications towers, or electric transmission 8
lines that are taller or pose a greater risk to birds than the structures proposed for the Hermes 9
project. The proposed Hermes project would not include any cooling towers or transmission 10 lines. The NRC staff also recognizes that vehicles using roads to access and traverse the site 11 could injure or kill wildlife; but considering the low number of projected site workers and the 12 already disturbed character of the habitats on the site and nearby portions of the East 13 Tennessee Technology Park, vehicular collisions with wildlife would likely be too infrequent to 14 noticeably affect regional populations. Overall, the NRC staff recognizes that the ecological 15 quality of habitat affected by the Hermes project is low and that the potential effects on wildlife 16 are likewise low.
17 The applicant indicated that excavation to build the Hermes reactor would necessitate 18 temporary dewatering of the excavation pit (Kairos 2021-TN7880 Sec 4.4.1.1.1). The 19 applicant confirmed that the dewatering would involve no more than 2.2 million gal over a period 20 of approximately 30 days (Kairos 2022-TN7902). The applicant confirmed that the dewatered 21 groundwater would be transported offsite for disposal or would be treated onsite and returned to 22 the groundwater in accordance with applicable EPA, DOE, and State of Tennessee 23 requirements (TN7902). The dewatering could temporarily reduce water levels in wetlands in 24 nearby forested riparian lands bordering Poplar Creek, but any effects would be temporary.
25 These brief and temporary effects on water levels in the wetlands would be less severe than 26 expected from short droughts that commonly occur as part of the natural hydroperiod of the 27 wetlands. Because of the brevity of the effects, the functional characteristics and habitat quality 28 of the affected wetlands are unlikely to be changed.
29 The applicant acknowledges that building the Hermes facilities would result in a localized, 30 minor, and temporary increase in noise that may be noticeable to wildlife on or close to the site 31 (Kairos 2021-TN7880 Sec 4.5.2.3). The applicant describes most noise as being within 3 dbA 32 of ambient noise 1 mi from the site (Kairos 2021-TN7880 Table 4.2-3), but recognizes that 33 temporary periods of greater noise would occur even at that distance when some construction 34 equipment such as pile drivers are in use, or when multiple pieces of construction equipment 35 are in use simultaneously (Kairos 2021-TN7880 Sec 4.2.2). The NRC staff recognizes that 36 wildlife using the fragments of forested habitat remaining within the East Tennessee Technology 37 Park might experience occasional periods of elevated noise that could cause startle responses 38 or cause wildlife to avoid some areas for brief periods of time. But the staff also recognizes that 39 the habitat quality within the East Tennessee Technology Park, including within the remaining 40 fragments of forested habitat within the East Tennessee Technology Park, is not of high-quality 41 and that large areas of superior habitat are available outside of the East Tennessee Technology 42 Park for displaced wildlife. Furthermore, the affected wildlife is likely already acclimated to 43 noise from other ongoing industrial and urban activity within the East Tennessee Technology 44 Park.
45 Although Federally and State-listed protected species are present in forested and other naturally 46 vegetated lands and in water bodies near the site (Kairos 2021-TN7880 Sec 4.5.2.1), no 47 habitat potentially suitable for those species would be disturbed. All of the protected species 48
3-30 noted as occurring in Roane County in Table 3.5-2 of the ER (Kairos 2021-TN7880) require 1
aquatic, wetland, or other naturally vegetated habitats that would not be disturbed by building 2
the proposed new facilities. The applicant states that no Federally protected plant species has 3
been observed on the site and that only one Federally listed species has a greater than low 4
potential to occur on the site, the endangered Indiana bat; but the applicant explains that there 5
are no trees of species favorable to the Indiana bat in the adjoining riparian lands along Poplar 6
Creek (Kairos 2021-TN7880 Sec 4.5.1.5).
7 Based on its review of the project, the NRC staff expects that building the proposed facilities 8
may affect, but is not likely to adversely affect, certain species listed as threatened or 9
endangered under the ESA (Table 3-4). Preparing the site and building the Hermes facilities 10 would not disturb any trees, forest cover, or natural vegetation and therefore would have little 11 potential to adversely affect the three Federally-listed bats or two listed plants identified in the 12 IPaC searches. The three bat species all hibernate in caves and when dispersing from the 13 caves move, roost, breed, and forage in forested and semi-forested areas, not in large, 14 developed areas without trees (NRC 2019-TN6136 Appendix M) such as the area where the 15 Hermes facilities would be built and operated (see Table 3-4 for more information). Noise from 16 building the Hermes facilities could be audible to bats transiently present while foraging in 17 forested areas along Poplar Creek, but those thin fragments of habitat are unlikely to attract 18 bats for extended time periods. The project would also have little potential to adversely affect 19 the monarch butterfly, an insect species identified in the IPaC searches as a Federally listed 20 candidate species that could potentially be transiently present in the area. Because the project 21 would not withdraw or discharge cooling water or industrial process water (see Section 3.3 of 22 this draft EIS) or disturb surface water or shoreline habitats, it would have no potential to 23 adversely affect the two listed clam species or the listed fish species. As indicated above, the 24 NRC staff initiated informal consultation under Section 7 of the ESA through written 25 correspondence with the FWS dated March 10, 2022 (NRC 2022-TN7918). The NRC staff is 26 working with FWS as appropriate to close the consultation process.
27 3.4.3 Environmental Consequences of Operation 28 Impacts on ecological resources from the proposed 4 years of operation of the completed 29 facilities would be less than those described above for the construction period. Only about 30 30 ac of former terrestrial habitat, all presently supporting herbaceous grassland within the 31 former footprint of DOE Building K-33, would remain occupied by the Hermes facilities during 32 the operational period. No additional land, and hence no additional habitat, would be physically 33 disturbed by operation. Noise generation would affect wildlife in the same way as described 34 above for construction but would not include brief periods of higher noise generation using 35 exceptionally noisy equipment such as pile drivers. The potential for bird collisions with 36 structures would be as described above for construction. The applicant would use occasional 37 applications of herbicides in developed areas on the site for lawn maintenance and to control 38 weeds (Kairos 2021-TN7880 Sec 4.5.2.3). Use of properly labeled herbicides in developed 39 areas in accordance with instructions on the label is unlikely to adversely affect nearby habitats.
40 The applicant does not propose any mitigation measures (Kairos 2021-TN7880 Sec 4.5.2.5),
41 and the NRC staff expects the effects from operation to be minimal, so no mitigation would be 42 necessary to minimize adverse ecological impacts. Because operations would not disturb 43 natural terrestrial or aquatic habitats and would have little potential to affect wildlife through 44 noise or collisions, they would have little potential to adversely affect threatened or endangered 45 species.
46
3-31 3.4.4 Environmental Consequences of Decommissioning 1
The applicant reports that ecological impacts from decommissioning would be similar to those 2
from construction (Kairos 2021-TN7880 Sec 4.5.3). The NRC staff expects that land 3
disturbance during decommissioning would take place mostly within already developed areas 4
within the 30 ac area permanently occupied by the proposed new facilities but may require 5
exterior storage of debris or equipment in adjoining exterior areas of previously disturbed soils 6
on the 185 ac site. The NRC staff also expects that noise generated during decommissioning 7
may involve intermittent generation of higher noise levels than during operation as buildings and 8
structures are demolished, with effects on wildlife as described above for construction.
9 Additionally, the NRC staff expects that decommissioning impacts on ecological resources on 10 the site would be bounded by the analyses in the decommissioning generic EIS (NRC 2002-11 TN7254 Supplement 1). Although the generic conclusion does not extend to offsite ecological 12 impacts from decommissioning, the offsite impacts would be minimal for the reasons indicated 13 above. The applicant does not propose any mitigation measures (Kairos 2021-TN7880 Sec 14 4.5.3), and the NRC staff feels that the effects from operations would be so minimal that no 15 mitigation is necessary to minimize adverse ecological impacts. Decommissioning would have 16 no more potential than construction to affect threatened or endangered species.
17 3.4.5 Cumulative Impacts 18 Table 4.13-1 of the ER identifies past, present, and reasonably foreseeable future projects that 19 could cumulatively contribute to the environmental impacts of the proposed action (Kairos 2021-20 TN7880). Key past and present actions affecting ecological resources in the affected area 21 include the Federal nuclear and energy development facilities on the ORR such as the Y-12 22 Plant, ORNL, and other energy research facilities; the residential and commercial areas in the 23 original townsite of the City of Oak Ridge; multiple energy and industrial park projects; a large 24 housing development presently undergoing construction approximately 2 mi west of the site 25 (called the Preserve at Clinch River); and other land use features of a suburban or semi-rural 26 landscape. Key reasonably foreseeable proposed projects in the region include the Horizon 27 Center on former ORR forest land approximately 2.3 mi northeast of the site (for which DOE has 28 excessed land to the City of Oak Ridge and roadways have been built), anticipated industrial 29 development of other previously developed land in the Heritage Center, and a proposed general 30 aviation airport approximately 1.1 mi south and east of the site. If the applicant were to build the 31 Atlas facility on the site, it would only affect the herbaceous grassland and developed land 32 formerly disturbed by DOE Buildings K-31 and K-33 and therefore would not further contribute 33 to loss or degradation of ecological habitats. Because of the close proximity of the Hermes and 34 Atlas facilities, the addition of the Atlas facility would not likely alter the patterns of noise and 35 physical obstructions experienced by wildlife.
36 Past and present urban and industrial development in the surrounding area has already resulted 37 in a landscape of fragmented areas of forest and other terrestrial habitats. The proposed action 38 would not further contribute to this fragmentation because it would be sited entirely within an 39 existing developed area. The new facilities, especially the proposed airport (DOE 2016-40 TN7903), would contribute noise, artificial light, and wildlife hazards to some natural habitats to 41 the south of the site but would not result in substantial decreases in the overall quality of nearby 42 habitats. Building the airport would also result in the loss of approximately 132 ac of forested, 43 riparian, shrub, and grassy areas, but DOE notes that the losses would constitute only a small 44 percentage of similar habitats in the surrounding area and would affect mostly areas already 45 influenced by development in the East Tennessee Technology Park. Because the proposed 46 action would not involve physical disturbance of aquatic, wetland, or riparian habitats and not 47
3-32 involve withdrawals or discharges of water to aquatic habitats, it would not cumulatively 1
contribute to degradation of aquatic habitats in Poplar Creek, the Clinch River arm of the Watts 2
Bar Reservoir, or other water bodies in the area.
3 3.4.6 Conclusions 4
The NRC staff concludes that the potential direct, indirect, and cumulative ecological impacts of 5
the proposed action would be SMALL. This conclusion is based primarily on the proposed 6
action not physically disturbing aquatic, shoreline, or wetland habitats or natural terrestrial 7
vegetation; the location of the site within an existing industrial park; and disturbances being 8
limited to herbaceous grassland in previously disturbed industrial lands of low value as wildlife 9
habitat. Reuse of former industrial land within an existing industrial park setting provides the 10 economic benefits of the test reactor without requiring the disturbance of sensitive terrestrial or 11 aquatic habitats that have not been previously disturbed. The staff recognizes that there could 12 be minor effects from noise and lighting on terrestrial wildlife in habitats elsewhere surrounding 13 the site, but the affected habitats are of low quality because of their proximity to other industrial 14 activity and the affected wildlife can be expected to acclimate to the noise and lighting 15 conditions. In particular, the staff recognizes the anticipated effects on surrounding habitats 16 from future construction and operation of a new regional airport but does not expect the 17 proposed action to substantially contribute to those effects. The staff recognizes that because 18 no naturally vegetated areas would be disturbed, no special maintenance or conservation 19 practices or mitigation measures (beyond BMPs typically employed for soil erosion and 20 sediment control and for stormwater management) would be necessary to protect ecological 21 resources.
22 Table 3-4 below presents the NRC staffs biological evaluation, prepared for review by the FWS 23 under Section 7 of the ESA, of the possible effects of the Hermes project on Federally listed 24 species potentially occurring in an action area consisting of the 185 ac Hermes site. For 25 conservatism, the action area for the biological evaluation encompasses the entire site, 26 including strips of riparian forest on the site that would not be physically disturbed by the project.
27 All project work would be confined to lands previously disturbed by former DOE Buildings K-31 28 and K-33 and currently being used for exterior industrial storage or herbaceous grasslands 29 planted to stabilize previously disturbed soils. The NRC staff used the same conclusion 30 terminology used by the FWS when responding to consultation requests under Section 7 of the 31 ESA. The NRC staff concluded that the Hermes project may affect, but is not likely to adversely 32 affect, or would have no effect, on each of the species considered.
33 Table 3-4 Biological Evaluation of Federally Listed Species from Proposed Kairos 34 Hermes Project 35 Species Federal Status
NRC Staff Evaluation
Conclusion Gray bat (Myotis grisescens)
Endangered Baseline information: Flying mammal.
Hibernates and breeds in caves, such as those that occur in undeveloped lands in the karst landscape located in the Oak Ridge area (NRC 2019-TN6136 Sec M.6.1.1). Moves and forages under forest cover (NRC 2019-TN6136 Sec M.6.1.1). Factors contributing to population declines include human disturbance of the hibernacula, flooding, and use of pesticides (NRC 2019-May affect, but not likely to adversely affect (MA-NLAA)
3-33 Species Federal Status
NRC Staff Evaluation
Conclusion TN6136 Sec M.6.1.1). May be susceptible to white nose disease, a fatal fungal disease that infects hibernating bats (NRC 2019-TN6136 Sec M.6.1.1) and observed through frequent mist net and acoustic study-based observations conducted in Oak Ridge area from 2000-2015 (NRC 2019-TN6136 Sec M.6.1.1).
Impacts: May forage transiently in riparian forest along Poplar Creek.
Unlikely to enter lands where the Hermes facilities would be built, operated, and decommissioned, because those lands are not currently forested (or contain trees) and would not be forested or contain trees for the duration of the Hermes life cycle. Bats are expected to avoid areas of human activity, so the potential for injuries is minimal.
Indiana bat (M. soldalis)
Endangered Baseline information: Flying mammal.
Hibernates in caves and mines and forms maternity roosts in mature trees over 5-in diameter at breast height, especially trees with exfoliating barks (NRC 2019-TN6136 Sec M.6.1.2). Roosts and forages in forested or semi-forested areas (NRC 2019-TN6136 Sec M.6.1.2). Threats include disturbance to the hibernacula, loss and fragmentation of forested swarming and staging habitat, chemical contaminants, collision with wind turbines, and white nose disease (NRC 2019-TN6136 Sec M.6.1.2).
Closest known maternity roost in Blount County, TN, is roughly 30 mi away (NRC 2019-TN6136 Sec M.6.1.2). One or more individuals were detected acoustically in forested areas at CRN site in 2013, but maternal roosting is not suspected (NRC 2019-TN6136 Sec M.6.1.2).
Impacts: May forage transiently in the riparian forest along Poplar Creek.
Expected to avoid lands where the Hermes project would be built, which presently contain only ruderal vegetation of no foraging value.
MA-NLAA Fine-rayed pigtoe (Fusconaia cuneolus)
Endangered Baseline information: Freshwater mollusk. Prefer substrate in streams with running water. Unlikely to thrive in stream channels influenced by MA-NLAA
3-34 Species Federal Status
NRC Staff Evaluation
Conclusion impoundments such as Poplar Creek, adjacent to the Hermes site.
Impacts: Hermes project would not involve physical disturbances of aquatic or riparian habitats. Water demands would be met by municipal or commercial suppliers. BMPs to control sedimentation and runoff. Stormwater on the Hermes site would be managed by BMPs throughout the project life cycle.
Shiny pigtoe (F. cor)
Endangered Baseline information: Freshwater mollusk. Prefer substrate in streams with running water. Unlikely to thrive in stream channels influenced by impoundments such as that of Poplar Creek, adjacent to the Hermes site.
Impacts: Hermes project would not involve physical disturbances of aquatic or riparian habitats. Water demands would be met by municipal or commercial suppliers. BMPs to control sedimentation and runoff. Stormwater on the Hermes site would be managed by BMPs throughout the project life cycle.
MA-NLAA Northern long-eared bat (M. septentrionalis)
Threatened Baseline information: Winged mammal.
Hibernates in caves, mines, and human-made structures and forms maternity roosts in trees with exfoliating barks or holes, or that are dead (NRC 2019-TN6136 Sec M.6.1.3). Roosts and forages in forested or semi-forested areas (NRC 2019-TN6136 Sec M.6.1.3). Prefers to roost in interior of late successional forests (NRC 2019-TN6136 Sec M.6.1.3). Listed as threatened in 2015 due to the effects of white nose disease (NRC 2019-TN6136 Sec M.6.1.3). Detected acoustically in forested areas at the CRN site in 2013, but maternal roosting is not suspected (NRC 2019-TN6136 Sec M.6.1.3).
Impacts: May forage transiently in the riparian forest along the Poplar Creek.
Expected to avoid lands where the Hermes project would be built, which currently contain only ruderal vegetation of no foraging value.
MA-NLAA Spotfin chub (Erimonax monachus)
Threatened Baseline information: Fish. Prefer streams with boulders and swift currents (NRC 2019-TN6136 Sec M.6.1.7).
Unlikely to thrive in impounded stream MA-NLAA
3-35 Species Federal Status
NRC Staff Evaluation
Conclusion channels such as that of Poplar Creek adjacent to the Hermes site.
Impacts: Hermes project would not involve physical disturbances of aquatic or riparian habitats. Water demands would be met by municipal or commercial suppliers. Stormwater managed by BMPs. BMPs to control sedimentation and runoff. Stormwater on the Hermes site would be managed by BMPs throughout the project life cycle.
Virginia spiraea (Spiraea virginiana)
Threatened Baseline information: Shrub. Prefers stream bars and ledges (Kairos 2021-TN7880 Table 3.5-2). May occur in riparian forested lands along the Poplar Creek.
Impacts: Physical disturbance for the Hermes project would be limited to soils previously disturbed for past industrial development. Plants not affected by noise. BMPs to control sedimentation and runoff. Stormwater on the Hermes site would be managed by BMPs throughout the project life cycle.
MA-NLAA White fringeless orchid (Platanthera integrilabia)
Threatened Baseline information: Herbaceous wildflower of acidic seeps and stream heads (Kairos 2021-TN7880 Table 3.5-2). May occur in riparian forested lands along the Poplar Creek.
Impacts: Physical disturbance for Hermes project would be limited to soils previously disturbed for past industrial development. Plants not affected by noise. BMPs to control sedimentation and runoff. Stormwater on the Hermes site would be managed by BMPs throughout the project life cycle.
MA-NLAA Key: NRC = U.S. Nuclear Regulatory Commission; MA-NLAA = may affect, but is not likely to adversely affect.
1 x Species identified through IPaC searches conducted by the applicant in May 2021 and the NRC staff in February 2
2022, for an action area encompassing the entire 185 ac Hermes site.
3 x Conclusions follow terminology used by the FWS when providing consultations under Section 7 of the ESA.
4 x Conclusions are inclusive for the Hermes project for construction, operation, decommissioning, and cumulative 5
effects, based on the information available at the time of the NRC staffs environmental review of the CP.
6