ML23272A109

Letter to Daniel Elbert, Usfws; Re., Fws Concurrence on Effects Determinations for NFS U Metal LAR

ML23272A109
Person / Time
Site:	Erwin
Issue date:	08/18/2023
From:	Christine Pineda NRC/NMSS/DREFS/ERMB
To:	Elbert D US Dept of Interior, Fish & Wildlife Service
References
Download: ML23272A109 (1)

Text

Tennessee Ecological Services Field Office FWS Log No: 2023-0090058 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.

DANIEL ELBERT Digitally signed by DANIEL ELBERT Date: 2023.09.28 16:12:21 -05'00' Field Supervisor Date

1 August 18, 2023 Daniel Elbert U.S. Fish and Wildlife Service Tennessee Ecological Services Field Office 446 Neal Street Cookeville, TN 38501

SUBJECT:

NUCLEAR FUEL SERVICES LICENSE AMENDMENT REQUEST TO OPERATE URANIUM PURIFICATION AND CONVERSION SERVICES IN ERWIN, UNICOI COUNTY, TENNESSEE (DOCKET NUMBER: 70-143)

Dear Daniel Elbert:

In accordance with Section 7 of the Endangered Species Act, this letter is a request to initiate informal consultation with the U.S. Fish and Wildlife Service (FWS) regarding an amendment to the Nuclear Fuel Services (NFS) special nuclear materials license (SNM), which proposes to operate uranium purification and conversion services at its facility located in Erwin, Unicoi County, Tennessee.

NFS requests an amendment to its license SNM-124, which was issued by the U.S. Nuclear Regulatory Commission (NRC) under Title 10 Code of Federal Regulations (10 CFR) Part 70. If approved, the amendment would authorize NFS to operate uranium purification and conversion services (U-Metal Project) at the NFS site, pursuant to a contract with the U.S. Department of Energys National Nuclear Security Administration, which would maintain the ability to convert oxides to metal and provide a redundancy for the purification of uranium metals.

Construction of the proposed U-Metal Project would occur in the southwest corner of the NFS site boundary. This area has been previously disturbed and contains no trees or suitable habitat for threatened or endangered species.

The NRC staff used the FWSs Environmental Conservation Online System Information for Planning and Conservation (IPAC) tool to identify species that may be present in the NFS action area. IPAC identified six threatened, endangered, or proposed species with the potential to occur within the action area (see below table). In addition, the Monarch Butterfly (Danaus plexippus), which is a candidate species, was also identified as potentially occurring within the action area.

After a review of the potential impacts of the proposed action, the NRC staff has determined that the proposed action may affect the four proposed or listed bat species and the mussel. The NRC staff expects these effects to be discountable, however, and has concluded that the proposed action is "not likely to adversely affect" any proposed or listed endangered or threatened species within the action area. Further, the NRC staff determined that the proposed

D. Elbert 2 action would have no effect on the Virginia spiraea, since no ground disturbing or construction activities would occur within suitable habitat for the plant. The supporting basis for this conclusion is provided in section 3.7 of the enclosed Environmental Assessment.

Species Status Effects Determination Indiana Bat (Myotis sodalist) Endangered may affect, but not likely to adversely affect Northern Long-eared Bat (Myotis Endangered may affect, but not likely to septentrionalis) adversely affect Gray Bat (Myotis grisescens) Endangered may affect, but not likely to adversely affect Tricolored Bat (Perimyotis subflavus) Proposed may affect, but not likely to Endangered adversely affect Appalachian Elktoe (Alasmidonta Endangered may affect, but not likely to raveneliana) adversely affect Virginia spiraea (Spiraea virginiana) Threatened no effect We request your concurrence with NRCs determinations that the proposed action may affect but not likely to adversely affect the four bat species and mussel and would have no effect on all other proposed, candidate or listed species or any critical habitat.

Should you have any questions or comments on the submitted information, please contact the Environmental Project Manager, Ashley Waldron at 301-415-7317 or via email at Ashley.Waldron@nrc.gov.

Sincerely, Digitally signed by Christine L.

Christine L. Pineda Pineda Date: 2023.08.18 16:34:48 -04'00' Christine Pineda, Acting Chief Environmental Review Materials Branch Division of Rulemaking, Environment, and Financial Support Office of Nuclear Material Safety and Safeguards Docket No.: 70-143

Enclosure:

Environmental Assessment/Evaluation of the Threatened and Endangered Species

D. Elbert 3

SUBJECT:

NUCLEAR FUEL SERVICES LICENSE AMENDMENT REQUEST TO OPERATE URANIUM PURIFICATION AND CONVERSION SERVICES IN ERWIN, UNICOI COUNTY, TENNESSEE (DOCKET NUMBER: 70-143)

DATED: August 18, 2023 ADAMS Package: ML23228A156; Letter ML23228A158; Encl. ML23228A160 via email NMSS/REFS NMSS/REFS OGC NMSS/REFS OFC AWaldron AWalker-Smith *KRoach CPineda for NAME MRome 08/16/23 08/16/23 08/17/23 08/18/23 DATE OFFICIAL RECORD COPY