ML24073A192

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Fws to NRC, List of Threatened and Endangered Species That May Occur in Your Proposed Project Location or May Be Affected by Your Proposed Project
ML24073A192
Person / Time
Site: Crystal River Duke Energy icon.png
Issue date: 03/11/2024
From:
US Dept of Interior, Fish & Wildlife Service
To: Arlene B
Office of Nuclear Material Safety and Safeguards
References
Download: ML24073A192 (1)


Text

March 11, 2024 United States Department of the Interior FISH AND WILDLIFE SERVICE Florida Ecological Services Field Office 777 37th St Suite D-101 Vero Beach, FL 32960-3559 Phone: (352) 448-9151 Fax: (772) 562-4288 Email Address: fw4flesregs@fws.gov https://www.fws.gov/office/florida-ecological-services In Reply Refer To:

Project Code: 2024-0023697 Project Name: Crystal River License Termination Plan, Unit 3

Subject:

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 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 et seq.).

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 IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through IPaC 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 threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

Project code: 2024-0023697 03/11/2024

2 of 9 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: https://www.fws.gov/sites/default/files/documents/

endangered-species-consultation-handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see Migratory Bird Permit l What We Do l U.S. Fish & Wildlife Service (fws.gov).

The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.

In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-migratory-birds.

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 Code in the header of

Project code: 2024-0023697 03/11/2024

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this letter with any request for consultation or correspondence about your project that you submit to our office.

Attachment(s):

Official Species List Marine Mammals 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:

Florida Ecological Services Field Office 777 37th St Suite D-101 Vero Beach, FL 32960-3559 (352) 448-9151

Project code: 2024-0023697 03/11/2024

4 of 9 PROJECT

SUMMARY

Project Code:

2024-0023697 Project Name:

Crystal River License Termination Plan, Unit 3 Project Type:

Damage/Destruction Project

Description:

The U.S. Nuclear Regulatory Commission )NRC) is reviewing a License Termination Plan (LTP) for the decommissioning of Crystal River Unit 3 Nuclear Power Plant. The proposed action is the review and subsequent approval, if appropriate, of the CR3 LTP. The purpose and need for the proposed action is to allow for completion of decommissioning of the CR3 site, termination of the CR3 operating license by the NRC, and subsequent release of the CR3 site for unrestricted use. The NRC regulation at 10 CFR 50.82 sets forth the process for the licensee to decommission its nuclear power plant, including submission of the LTP.

IF the NRC approves the LTP, approval will be issued in the form of an amendment to the CR3 license that add the requested license conditions.

By letter dated December 12, 2022 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML22355A441), as supplemented by letter dated June 9, 2023 (ADAMS Accession No. ML23163A063), Accelerated Decommissioning Partners Crystal River Unit 3, LLC (ADP CR3) (the licensee) requested the U.S. Nuclear Regulatory Commission (NRC) to approve a request to add a condition to include License Termination Plan (LTP) requirements to the NRC License, No. DPR-72, for Crystal River Unit 3 Nuclear Generating Plant (CR3). CR3 is part of the larger Crystal River Energy Complex (CREC), which is located on the Gulf of Mexico in Citrus County, Florida at 15485 West Power Line Street, Crystal River, Florida, 34428.

The site location is approximately 7.5 miles northwest of the City of Crystal River, and 70 miles north of Tampa. In addition to CR3, other structures on the CREC include two fossil-fueled units, two large cooling towers, parking lots, coal delivery and storage areas, ash storage area, office buildings, warehouses, barge handling docks, and a railroad.

Additionally, located outside the licensed footprint are two newly constructed gas combined cycle units that were added to the CREC. CR3 occupies approximately 27 acres of previously disturbed land within the 1,062-acre developed portion of the 4,738-acre CREC site.

The CR3 LTP provides the details of the plan for characterizing the site, identifying remaining dismantlement activities, and remediating the remaining residual radioactivity at CR3 to a level that complies with the

Project code: 2024-0023697 03/11/2024

5 of 9 NRCs radiological criteria for license termination. The CR3 LTP also describes how the licensee will confirm the extent and success of remediation through radiological surveys, provide financial assurance to complete decommissioning, and ensure the environmental impacts of the decommissioning activities are within the scope originally envisioned in the associated environmental documents.

Project Location:

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

www.google.com/maps/@28.9457113,-82.6996522453621,14z Counties: Citrus County, Florida

Project code: 2024-0023697 03/11/2024

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ENDANGERED SPECIES ACT SPECIES There is a total of 9 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.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries, 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.

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.

MAMMALS NAME STATUS West Indian Manatee Trichechus manatus There is final critical habitat for this species. Your location does not overlap the critical habitat.

This species is also protected by the Marine Mammal Protection Act, and may have additional consultation requirements.

Species profile: https://ecos.fws.gov/ecp/species/4469 Threatened 1

Project code: 2024-0023697 03/11/2024

7 of 9 BIRDS NAME STATUS Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/10477 Threatened Everglade Snail Kite Rostrhamus sociabilis plumbeus There is final critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/7713 Endangered Florida Scrub-jay Aphelocoma coerulescens No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/6174 Threatened Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered Whooping Crane Grus americana Population: U.S.A. (AL, AR, CO, FL, GA, ID, IL, IN, IA, KY, LA, MI, MN, MS, MO, NC, NM, OH, SC, TN, UT, VA, WI, WV, western half of WY)

No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/758 Experimental Population, Non-Essential REPTILES NAME STATUS Eastern Indigo Snake Drymarchon couperi No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/646 Threatened Loggerhead Sea Turtle Caretta caretta Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/1110 Threatened INSECTS NAME STATUS Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/9743 Candidate CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.

YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES.

Project code: 2024-0023697 03/11/2024

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MARINE MAMMALS Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected under the Endangered Species Act and the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

The responsibilities for the protection, conservation, and management of marine mammals are shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears, manatees, and dugongs] and NOAA Fisheries [responsible for seals, sea lions, whales, dolphins, and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on this list; for additional information on those species please visit the Marine Mammals page of the NOAA Fisheries website.

The Marine Mammal Protection Act prohibits the take of marine mammals and further coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown.

The Endangered Species Act (ESA) of 1973.

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a treaty to ensure that international trade in plants and animals does not threaten their survival in the wild.

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.

NAME West Indian Manatee Trichechus manatus Species profile: https://ecos.fws.gov/ecp/species/4469 1

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Project code: 2024-0023697 03/11/2024

9 of 9 IPAC USER CONTACT INFORMATION Agency: Nuclear Regulatory Commission Name:

Mitchell Dehmer Address: 11555 Rockville Pike City:

Rockville State:

MD Zip:

20852 Email mitchell.dehmer@nrc.gov Phone:

7634641250