ML23068A045
| ML23068A045 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 03/08/2023 |
| From: | US Dept of Interior, Fish & Wildlife Service |
| To: | Arlene B Office of Nuclear Material Safety and Safeguards |
| References | |
| 2023-0053598 | |
| Download: ML23068A045 (1) | |
Text
March 08, 2023 United States Department of the Interior FISH AND WILDLIFE SERVICE Arlington Ecological Services Field Office 501 West Felix Street Suite 1105 Fort Worth, TX 76115-6247 Phone: (817) 277-1100 Fax: (817) 277-1129 Email Address: arles@fws.gov In Reply Refer To:
Project code: 2023-0053598 Project Name: Comanche Peak License Renewal
Subject:
Concurrence letter for 'Comanche Peak License Renewal' for specified federally threatened and endangered species and designated critical habitat that may occur in your proposed project area consistent with the Arlington Ecological Services Field Office (ESFO) Determination Key (DKey) for project review and guidance for federally listed species.
Dear Briana Arlene:
The U.S. Fish and Wildlife Service (Service) received on March 08, 2023 your effects determination for the 'Comanche Peak License Renewal' (the Action) using the Arlington ESFO DKey for project review and guidance for federally-listed species within the Information for Planning and Consultation (IPaC) system. The Service developed this system in accordance with the Endangered Species Act of 1973 (ESA) (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.).
Based on your answers and the assistanceofthe Services Arlington ESFO DKey, you made the following effect determination(s) for the proposed Action:
Species Listing Status Determination Golden-cheeked Warbler (Setophaga chrysoparia)
Endangered NLAA Piping Plover (Charadrius melodus)
Threatened No effect Red Knot (Calidris canutus rufa)
Threatened No effect Whooping Crane (Grus americana)
Endangered NLAA The Service will notify you within 20 calendar days if we determine that this proposed Action does not meet the criteria for a NLAA determination for the species listed above. This verification period allows the Arlington Ecological Services Field Office to evaluate any supplemental material provided in your responses in the key (e.g., survey reports). The Arlington Ecological Services Field Office may request additional information to verify the effects determination reached through the key. If we do not notify you within that timeframe, this concurrence verification letter confirms that you may rely on effect determinations provided in
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the AESFO DKey to satisfy agency consultation requirements under Section 7(a)(2) of the ESA.
No further consultation for this project is required for these species if we do not contact you within the 20-day timeframe. Your agency has met consultation requirements by informing the Service of the No Effect determinations. No further consultation for this project is required for species with No Effect determinations.
This letter only covers the listed species in the above table. The following species may also occur in the Action area:
Monarch Butterfly Danaus plexippus Candidate Texas Fawnsfoot Truncilla macrodon Proposed Threatened Tricolored Bat Perimyotis subflavus Proposed Endangered If you determine your project may affect additional listed or proposed listed species not covered by the Arlington ESFO DKey, please contact our office at (817) 277-1100 or your Service point of contact in the Arlington ESFO to discuss methods to avoid or minimize potential adverse effects to those species. Candidate species are not afforded protection under the ESA; however, we recommend they be considered in project planning and that conservation measures be implemented to avoid or minimize impacts to individuals or their habitat as much as possible.
The Service recommends that your agency contact the Arlington ESFO or re-evaluate the Action in IPaC if: 1) the scope, timing, duration, or location of the Action changes, 2) new information reveals the Action may affect listed species or designated critical habitat, or 3) a new species is listed or critical habitat designated. If any of the above conditions occurs, additional consultation with the Arlington ESFO should take place before project changes are final or resources committed.
The proposed project is within the range of the black-capped vireo (Vireo atricapilla). The black-capped vireo was removed from the List of Endangered and Threatened Wildlife due to recovery on May 16, 2018. Although the black-capped vireo is no longer protected under the ESA, the Service continues to monitor its status as described in the post-delisting monitoring plan for the species (https://ecos.fws.gov/docs/tess/species_nonpublish/3277.pdf). As such, we encourage new information related the species occurrence, and any threats, to be submitted to the Arlington ESFO for consideration in the post-delisting monitoring effort.
Bald and Golden Eagle Protection Act(BGEPA): The following resources are provided to project proponents and consulting agencies as additional information. Bald and golden eagles are not included in this section 7(a)(2) consultation and this information does not constitute a determination of effects by the Service.
The Service developed the National Bald Eagle Management Guidelines to advise landowners, land managers, and others who share public and private lands with bald eagles when and under what circumstances the protective provisions of the BGEPA may apply to their activities. The guidelines should be consulted prior to conducting new or intermittent activity near an eagle nest.
This document may be downloaded from the following site: https://www.fws.gov/media/
national-bald-eagle-management-guidelines-0
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If the recommendations detailed in the National Bald Eagle Management Guidelines cannot be followed, you may apply for a permit to authorize removal or relocation of an eagle nest in certain instances. The application form is located at https://fwsepermits.servicenowservices.com/
fws/.
Please note this guidance does not authorize bird mortality for species that are protected under the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. sec. 703-712). If you believe migratory birds will be affected by this activity, we recommend you contact our Migratory Bird Permit Office at P.O. Box 709, Albuquerque, NM 87103, (505) 248-7882.
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Action Description You provided to IPaC the following name and description for the subject Action.
- 1. Name Comanche Peak License Renewal
- 2. Description The following description was provided for the project 'Comanche Peak License Renewal':
In October 2022, Vistra Operations Company LLC (Vistra OpCo) submitted an application to the U.S. Nuclear Regulatory Commission (NRC) requesting the NRC's renewal of the operating license nos. NPF-87 and NPF-89 for Comanche Peak Nuclear Power Plant, Units 1 and 2, in Hood and Somervell counties, Texas.
If approved, the renewed license would authorize Vistra OpCo to continue operating Comanche Peak for an additional 20 years through February 8, 2050, (Unit 1), and February 2, 2053 (Unit 2). Operating conditions would not change under license renewal, and Vistra OpCo proposes no new construction, tree removal, or ground-disturbing activities as part of the license renewal.
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@32.315716550000005,-97.78208187297693,14z
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QUALIFICATION INTERVIEW Does the proposed project involve research or other actions that include the collection, capture, handling, or harassment of any individual federally listed threatened, endangered or proposed species?
No Does the proposed project involve the use of manned or unmanned aircraft (e.g., airplanes, helicopters, drones, balloons)?
No Is the action authorized, funded, or being carried out by a Federal agency?
Yes Are you the Federal agency or designated non-federal representative?
Yes Is the project a communications tower licensed or regulated by the Federal Communications Commission?
No Is the lead federal agency for the project Housing and Urban Development?
No Is this a wind energy project ?
No Is this a solar energy project ?
No
[Semantic] Does the project intersect the piping plover AOI?
Automatically answered Yes
[Semantic] Does the project intersect the red knot AOI?
Automatically answered Yes
[Semantic] Does the project intersect the peppered chub critical habitat?
Automatically answered No
[Semantic] Does the project intersect the Golden-cheeked Warbler AOI?
Automatically answered Yes Does the action area (including all temporary rights-of-way, storage spaces, borrow areas, etc.) encompass or overlap with oak-juniper woodland habitat as defined in Management Guidelines for the Golden-cheeked Warblers?
Yes
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Will the project involve the removal, modification, or degradation of oak-juniper woodland habitat?
No Will the proposed action be scheduled outside of golden-cheeked warbler breeding season (March 1 through August 31)?
Yes
[Semantic] Does the project intersect the whooping crane AOI?
Automatically answered Yes Does the action area have habitat that may be used by whooping cranes during spring and fall migrations (Mar 19-Apr 30, Oct 20 - Nov 24)?
Note: Note: Whooping crane habitat includes croplands and grasslands interspersed with wetlands such as lakes, ponds and rivers. The portion of water bodies used by whooping cranes tend to be shallow (up to 20 inches in depth). More information on stopover habitat can be found here: https://pubs.er.usgs.gov/publication/70202378.
Yes Will all work or disturbance activities be performed outside of the crane migration season (Mar 19 - Apr 30, Oct 20 - Nov 24)?
Yes Will the proposed project render onsite or adjacent habitat unsuitable for whooping crane stopovers by habitat degradation (including permanent placement of manmade structures within or adjacent to habitat) or by the presence of human activity during migration?
Note: Note: Whooping crane habitat includes croplands and grasslands interspersed with wetlands such as lakes, ponds and rivers. The portion of water bodies used by whooping cranes tend to be shallow (up to 20 inches in depth). More information on stopover habitat can be found here: https://pubs.er.usgs.gov/publication/70202378.
No
[Semantic] Does the project intersect the sharpnose shiner critical habitat?
Automatically answered No
[Semantic] Does the project intersect the smalleye shiner critical habitat?
Automatically answered No
[Semantic] Does the project intersect the black-capped vireo range?
Automatically answered Yes
[Semantic] Does the project intersect the Texas kangaroo rat range?
Automatically answered No
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[Semantic] Does the project intersect the Dunes sagebrush lizard?
Automatically answered No
[Semantic] Does the project intersect the Texas screwstem range?
Automatically answered No
[Semantic] Does the project intersect the Texas heelsplitter range?
Automatically answered No
[Semantic] Does the project intersect the Louisiana pigtoe range?
Automatically answered No
[Semantic] Does the project intersect the western chicken turtle range?
Automatically answered No
[Semantic] Does the project intersect the Kisatchie painted crayfish range?
Automatically answered No
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IPAC USER CONTACT INFORMATION Agency: Nuclear Regulatory Commission Name:
Briana Arlene Address: 11555 Rockville Pike City:
Rockville State:
MD Zip:
20852 Email briana.arlene@nrc.gov Phone:
3014151042