ML24089A260

Cimarron Environmental Response Trust Bat Habitat and Aquatic Habitat Assessment Reports

ML24089A260
Person / Time
Site:	07000925
Issue date:	03/29/2024
From:	Lux J Cimarron Environmental Response Trust, Environmental Properties Management
To:	Miller R, James Smith Document Control Desk, Office of Nuclear Material Safety and Safeguards, State of OK, Dept of Environmental Quality (DEQ)
References
Download: ML24089A260 (1)

Text

March 29, 2024 Mr. James Smith U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Ms. Rachel Miller Oklahoma Department of Environmental Quality 707 North Robinson Oklahoma City, OK 73101 Re: Docket No. 07000925; License No. SNM-928 Cimarron Environmental Response Trust Bat Habitat and Aquatic Habitat Assessment Reports

Dear Recipients:

Solely as Trustee for the Cimarron Environmental Response Trust (CERT), Environmental Properties Management LLC (EPM) submits herein a response to U. S. Nuclear Regulatory Commission (NRC) requests for information. to this letter is a report entitled, Bat Habitat Assessment Report for the Cimarron Environmental Response Trust. This report describes the assessment that was conducted to identify potential roosting sites for the northern long-eared bat and the tricolored bat. to this letter is a report entitled, Aquatic Habitat Assessment Report for the Cimarron Environmental Response Trust. This report provides a desktop assessment of the potential for the construction of a discharge structure and the discharge of treated water as presented in the October 11, 2022 Facility Decommissioning Plan - Rev 3 (ML22287A079) on the protection of the aquatic habitat for the Arkansas River Shiner and the Peppered Chub.

To facilitate comparison of the aquatic habitat assessment with the location of the discharge line and discharge structure, Enclosure 3 is Figure 8-1, Western Area Groundwater Remediation Areas, from Facility Decommissioning Plan - Rev 3. This figure shows the locations of the discharge piping and the discharge structure (Outfall 001).

(The rest of this page was left blank intentionally.)

If you have any questions or desire additional information, please call me at (405) 642-5152.

Sincerely, Jeff Lux Project Manager cc: Stephanie Anderson and Linda Gersey, NRC Region IV Paul Davis, Keisha Cornelius, Christopher Robinson, David Cates, and Jonathan Reid, DEQ NRC Public Document Room vcpsubmittals@deq.ok.gov

ENCLOSURE 1 BAT HABITAT ASSESSMENT REPORT FOR THE CIMARRON ENVIRONMENTAL RESPONSE TRUST

9450 Ward Parkway \\ Kansas City, Missouri 64114 burnsmcd.com February 23, 2024 Jeff Lux Project Manager Environmental Properties Management LLC 615 N. Hudson; Suite 200 Oklahoma City, OK 73102 Re: Bat Habitat Assessment Report for the Cimarron Environmental Response Trust

Dear Mr. Lux:

Burns & McDonnell conducted a bat habitat assessment for the Cimarron Environmental Response Trust (Project) in Logan County, Oklahoma (Figure 1 in Appendix A). This assessment was conducted throughout the proposed project site (Project Area) within the Areas of Potential Land Disturbance. The Project Area encompasses a total of roughly 503 acres, however only a smaller portion within or immediately adjacent to the Area of Potential Land Disturbance within the Project were assessed for potential bat habitat.

The Project is within the range of the proposed federally endangered tricolored bat (Perimyotis subflavus). Although the Project infrastructure has been sited to minimize tree clearing, some amount of tree clearing will be required. Therefore, a habitat assessment was conducted to determine the quality and extent of tricolored bat potential habitat present within the Area of Potential Land Disturbance.

METHODS The habitat assessment included both a desktop and field component. Aerial imagery was reviewed to delineate the extent of forested habitat within the Area of Potential Land Disturbance. The field assessment was conducted on September 26, 2023 by Burns &

McDonnell wildlife biologist David Partridge. The methods followed Appendix A of the USFWS Range-wide Indiana Bat and Northern Long-eared Bat Survey Guidelines. Forest habitat was evaluated, and representative photos were taken at locations where tree clearing may occur (Appendix B). Potential summer roost trees for northern long-eared bats were defined as trees at least three inches diameter at breast-height (dbh) with sloughing bark, cracks, crevices, or hollows. Although there is no official guidance for suitable tricolored bat habitat, this species has huge diversity and plasticity in roost selection, and general summer suitable habitat was considered to be dense forested areas with living or recently dead trees and ample foliage clusters.

Jeff Lux February 23, 2024 Page 2 9450 Ward Parkway \\ Kansas City, Missouri 64114 burnsmcd.com RESULTS The Project is located within the Prairie Tableland Level IV Ecoregion. The Area of Potential Land Disturbance consisted of upland prairie, rolling hills, man-made ponds, and wooded forest.

Forested habitat was generally upland hardwood forest. Dominant tree species included dogwood species (Cornus spp.), eastern cottonwood (Populus deltoides), eastern red cedar (Juniperus virginiana), Siberian elm (Ulmus pumila), Kentucky coffeetree (Gymnocladus dioicus), black willow (Salix nigra), fragrant sumac (Rhus aromatica), bur oak (Quercus macrocarpa), and green ash (Fraxinus pennsylvanica). These species are not inherently valuable as potential bat roosting trees for protected bat species because of a lack of exfoliating bark, cavities, or other features providing refuge for bats. Damage to mature trees as a result of age, weather, partial or total death or other means can result in habitat suitable for protected bat species on these species of trees.

Potential summer roosting trees for the protected bat species were identified. Throughout the Area of Potential Land Disturbance, there were three potential roost trees identified over three inches dbh (Photographs B-1, B-2, and B-3 in Appendix B). Potential summer roosting trees for tricolored bats were identified. Trees occurred throughout the forested areas that would exhibit foliage representative of common woodland areas in the region during the summer (Photographs B-3, B-4, and B-5 in Appendix B). Potential roost trees (PRT)-1 and PRT-3 were not identified by the species due to the current mortality stage. PRT-2 was a standing, dead green ash with exfoliating bark on the main stem and branches. PRT-2 also contained foliage in the form of sprouts from the dying conditions. There were no caves or bridges present on the site.

Approximately 38.3 acres of forested area will be cleared or potentially disturbed. Based on the Projects current anticipated schedule, the majority of the clearing will likely take place in Spring 2025. Should any of the three potential roosting trees need to be removed, that will be done prior to March 31, 2025.

CONCLUSION Suitable summer roosting habitat for protected bats is present in the Area of Potential Land Disturbance. Based on suitable habitat within the Area of Potential Land Disturbance and being in range for tricolored bats, it is recommended that tree clearing is implemented during the winter when bats are hibernating. In Oklahoma, the dates for winter tree clearing are November 16 through March 31. If clearing of the potential roost trees could not be completed during that time frame, it is recommended that bat emergence surveys include visual observation of the potential roost trees from one hour prior to sunset until hour after sunset be conducted for each potential roost tree to determine if there is current bat usage. If no bat usage is documented during the emergency surveys, the trees should be removed within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br />. If bat usage is

Jeff Lux February 23, 2024 Page 3 9450 Ward Parkway \\ Kansas City, Missouri 64114 burnsmcd.com determined, tree clearing of the potential roost trees should be done during the appropriate clearing window. If tree clearing occurs only during this timeframe or bat emergence surveys document no bat usage of the potential roost trees, it is Burns & McDonnells professional opinion that the Cimarron Environmental Response Trust may affect, but is not likely to adversely affect the northern long-eared bat or the tricolored bat.

Sincerely, Bryan Gasper Associate Environmental Scientist Attachments:

Appendix A - Figure Appendix B - Site Photographs cc:

David Partridge, Burns & McDonnell Eric Dulle, Burns & McDonnell

APPENDIX A - FIGURE

56 '

£ i ro a) cl (n Project Area Area of Potential Land Disturbance

^ Potential Roost Tree (PRT)

A Photo Point (PP)

BURNS XS.MCDONNELL" 400 200 0

400 Scale in Feet Figure A-1 Potential Roost Trees Cimarron Environmental Response Trust (CERT)

Logan County, Oklahoma Issued: 2/8/2024 Source: Burns & McDonnell

APPENDIX B - SITE PHOTOGRAPHS

Photograph B-l: View of Potential Roost Tree (PRT)-l, facing north.

Photograph B-2: View of PRT-2, facing north.

Cimarron Environmental Response Trust (CERT)

^BURNS VVMCDONNELL Photographs September 26, 2023 Logan County, Oklahoma

Photograph B-3: View of PRT-3, facing northwest.

Photograph B-4: View of forested area from Photo Point (PP)-D-l, facing north.

Cimarron Environmental Response Trust (CERT)

^BURNS VwMSDONNELL Photographs September 26, 2023 Logan County, Oklahoma

Photograph B-5: View of overgrown riparian area from PP-D-2, facing south.

Photograph B-6: View of eastern red cedar forest from PP-D-3, facing west.

Cimarron Environmental Response Trust (CERT)

BURNS VVMSDONNELL Photographs September 26, 2023 Logan County, Oklahoma

Photograph B-7: View of eastern red cedar forested area from PP-D-4, facing east.

Photograph B-8: View of large bur oak from PP-D-5, facing west.

Cimarron Environmental Response Trust (CERT)

BURNS VVMSDONNELL Photographs September 26, 2023 Logan County, Oklahoma

Photograph B-9: View of eastern red cedar forest stand from PP-D-6, facing west.

Photograph B-10: View of mature trees from PP-D-7, facing north.

Cimarron Environmental Response Trust (CERT)

BURNS KVMSDONNELL Photographs September 26, 2023 Logan County, Oklahoma

Photograph B-l 1: View of eastern red cedar forested growth in upland prairie from PP-D-8, facing south.

Photograph B-12: View of forested area along Cimarron River, facing north.

Cimarron Environmental Response Trust (CERT)

^BURNS VVMSDONNELL Photographs September 26, 2023 Logan County, Oklahoma

ENCLOSURE 2 AQUATIC HABITAT ASSESSMENT REPORT FOR THE CIMARRON ENVIRONMENTAL RESPONSE TRUST

9450 Ward Parkway \\ Kansas City, Missouri 64114 burnsmcd.com March 29, 2024 Jeff Lux Project Manager Environmental Properties Management LLC 615 N. Hudson; Suite 200 Oklahoma City, OK 73102 Re: Aquatic Habitat Assessment Report for the Cimarron Environmental Response Trust

Dear Mr. Lux:

Burns & McDonnell conducted desktop aquatic habitat assessment for the area owned by the Cimarron Environmental Response Trust (CERT) in Logan County, Oklahoma (Figure A-1 in Appendix A). This assessment was conducted for the proposed Areas of Potential Land Disturbance within the CERTs property (Project Area). The Project Area encompasses a total of roughly 503 acres, a portion of which is adjacent to the Cimarron River; however, only a smaller portion within the Area of Potential Land Disturbance within the Project area was assessed.

INTRODUCTION The Project Area is within the range of the proposed federally threatened Arkansas River shiner (Notropis girardi), federally endangered peppered chub (Macrhybopsis tetranema) as well as designated critical habitats for both species (Appendix B). Although the Project infrastructure has been sited to minimize impacts to aquatic areas, some amount of disturbance will be required. Therefore, a habitat assessment was conducted to estimate the extent of potential impacts to the protected aquatic species and their designated critical habitats within the Area of Potential Land Disturbance.

Consultation with the Nuclear Regulatory Commission (NRC) triggers additional consultation for Section 7 of the Endangered Species Act (ESA) (16 United States Code [U.S.C] 1531-1544, 87 Stat. 884). Section 7 of the ESA, as amended, is administered by the U.S. Fish and Wildlife Service (USFWS) and requires Federal agencies to determine if any project actions authorized, funded, or carried out may result in jeopardy to the continued existence of proposed, threatened, or endangered species or result in the destruction or adverse modification of their critical habitats. The USFWS Oklahoma Ecological Services Field Office has been previously engaged in consultation with the Nuclear Regulatory Commission (NRC) on behalf of the CERT (USFWS Project Code: 2023-0113685, Appendix B).

PROPOSED ACTION The proposed action includes construction and operation of a treated water discharge set back from the existing bank of the Cimarron River approximately 240 feet (ft) (73 meters [m]) and a man-made dispersion ditch adjacent to the Cimarron River at approximately latitude 35° 53 15, longitude 97° 34 35. Water included in the discharge will be sourced from onsite wells, used to

BURNS MCDONNELL Jeff Lux March 29, 2024 Page 2 extract groundwater from the Project for on-site treatment and discharge. The discharge structure is proposed to be constructed similar to the structure shown in Figure 1. The end of the discharge pipe will not be placed within the Cimarron River.

Figure 1:

Representative Discharge Structure The total permanent footprint of the proposed discharge structure and man-made ditch for U.S.

Army Corps of Engineers wetland permitting would be less than 0.1 acres (1,200 square ft).

Construction activities will not require work in the river and be confined to areas along the banks above the extent of the ordinary high-water mark (OHWM) of the Cimarron River. The construction area will be cleared of vegetation. Vegetation assessments completed for the project noted the area of impact in the vicinity of the discharge would be less than 0.5 acres, including riparian vegetation removal south of the discharge structure. Any removal of trees determined to be suitable for summer roosting for protected bat species would be cleared in compliance with species-specific guidance, including time-of-year restrictions on tree clearing.

S3 9450 Ward Parkway \\ Kansas City, Missouri 64114 burnsmcd.com

Jeff Lux March 29, 2024 Page 3 9450 Ward Parkway \\ Kansas City, Missouri 64114 burnsmcd.com Any fuels and chemicals brought onsite by the contractor will be in self-closing, leak-proof, steel or corrosion-resistant containers as appropriate. These containers will be stored in a designated area and be provided with secondary containment as required. Construction is scheduled to begin in the Spring of 2025 and have a ten-month duration; however, construction of the proposed discharge structure and man-made ditch will likely take less than 2 weeks.

Project operations will include a maximum potential discharge rate of 225 gallons per minute (GPM) using water sources from onsite wells. The design discharge rate is 172 GPM. The Cimarron River U.S. Geological Survey (USGS) stream data for the 7-day low flow over a 10-year period (7Q10) is 19,000 GPM (based on a watershed ratio calculation to interpolate between USGS gages 07160000 and 07159400). The proposed action would therefore constitute an increase of approximately 1.2 percent at the maximum potential flow rate and 0.9 percent at the anticipated actual flow, respectively, assuming portions of the discharge do not infiltrate the ground underlying the man-made ditch prior to reaching the Cimarron River.

The discharge water will be adjusted for pH to fall within 6.8 - 7.0 and the concentrations of other constituents will comply with all other applicable federal and state requirements.

DESCRIPTION OF THE USFWS ACTION AREA For the purposes of the ESA Section 7 review, the USFWS Action Area is defined as all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action (50 Code of Federal Regulations [CFR] §402.02). Accordingly, the USFWS Action Area encompasses the geographic extent of potential effects that would result directly and indirectly from the proposed action together with the effects of other activities that are interrelated or interdependent with the proposed action. For this analysis, the USFWS Action Area was determined by identifying the area of direct or indirect effects from the discharge of water from the Project to the surface water of the Cimarron River.

The USFWS Action Area was determined to originate at the proposed discharge location (approximately NW1/4, SE1/4; Section 1, Township 16 North, Range 4 West) near the Cimarron River. The downstream boundary of the USFWS Action Area was determined to be the downstream extent of potential discharge. It is anticipated that a portion of the discharge may infiltrate into the floodplain sediment through the man-made dispersion ditch. However, for the purpose of this analysis, it is estimated that 100 percent of the annual discharge will reach the Cimarron River. As such the downstream extent of the USFWS Action Area is proposed to be no more than 100 meters downstream of the discharge (Figure A-1 in Appendix A). This area includes designated critical habitats for the Arkansas River shiner and peppered chub in the Cimarron River.

Jeff Lux March 29, 2024 Page 4 9450 Ward Parkway \\ Kansas City, Missouri 64114 burnsmcd.com ARKANSAS RIVER SHINER The Arkansas River shiner is listed as threatened in the Cimarron River Basin, and in total in the states of Arkansas, Kansas, New Mexico, Oklahoma, and Texas (63 FR 64772-64799, 11/23/1998). The Arkansas River shiner is a small, streamlined minnow with a small, dorsally flattened head, rounded snout, and subterminal mouth. The Arkansas River shiner is silver in appearance with a dark blotch at the base of the dorsal (top) fin. Adults attain a maximum length of about 2 inches. The Arkansas River shiner historically inhabited wide, shallow, sandy bottomed rivers and larger streams of the Arkansas River basin. The species is considered a habitat generalist, with no obvious selection for any particular habitat (i.e., main channel, side channel, backwaters, and pools)1.

The Arkansas River shiner is considered an annual species, with less than 10 percent of the population surviving to spawn a second year. Arkansas River shiners release their eggs and sperm in open flowing water which drift downstream. Arkansas River shiner have been shown to successfully reproduce from May through September when stream flow exists; however, peak reproduction may take place at moderate to higher flows. In the absence of sufficient stream flows, eggs are likely to settle to the channel bottom, where they are smothered by silt and shifting sediments, hindering oxygen uptake and causing mortality of the embryos. Eggs may be transported 45 to 89 miles downstream before hatching. The developing larvae can then be transported an additional distance downstream before becoming capable of direct swimming.

The Arkansas River shiner may need 135 miles of free-flowing river to complete its life history.

Direct and indirect evidence suggests directed, upstream movement by the Arkansas River shiner over the course of an adults lifespan is necessary to maintain upstream source populations and complete the Arkansas River shiners life cycle. After moving upstream, spawning is triggered by high flow events. This species is considered a generalist feeder that feeds on invertebrates that are exposed by moving sand or are drifting in the current. The USFWS Species Status Assessment Report for the Arkansas River Shiner (Notropis girardi) and Peppered Chub (Macrhybopsis tetranema)2 has additional details for analyses on resiliency, representation and redundancy.

1 USFWS. 2024. ECOS Environmental Conservation Online System, Arkansas River Shiner (Notropis girardi). Accessed March 2024. https://ecos.fws.gov/ecp/species/4364 2 USFWS. 2018. Species Status Assessment Report for the Arkansas River Shiner (Notropis girardi) and Peppered Chub (Macrhybopsis tetranema). Accessed February 2024.

https://ecos.fws.gov/ServCat/DownloadFile/189394

Jeff Lux March 29, 2024 Page 5 9450 Ward Parkway \\ Kansas City, Missouri 64114 burnsmcd.com Occurrence in the USFWS Action Area This Arkansas River shiner historically occurred throughout the Arkansas River drainage and formerly occurred from eastern New Mexico through the Texas panhandle and across Oklahoma. The Arkansas River shiner was found in southern Kansas in tributaries to the Canadian and North Canadian Rivers2. The Arkansas River shiner was also known to occur in the Cimarron River in Oklahoma2.

Within the reach of the Cimarron River that includes the Project and USFWS Action Area, USFWS indicated that Arkansas River shiners are likely extirpated, with the last known documentation occurring in 1992 (Daniel Fenner, USFWS Oklahoma Ecological Services Field Office communication with Burns & McDonnell, 2017).

Key Habitat Features in the USFWS Action Area Refer to Primary Constituent Elements (PCEs) of Arkansas River shiner Critical Habitat below.

ARKANSAS RIVER SHINER CRITICAL HABITAT The USFWS has designated 523 miles (856 kilometers [km]) of rivers as critical habitat for the federally threatened Arkansas River shiner3,4. In addition, all adjacent riparian areas within 300 ft (91.4 m) of the ordinary bankfull mark or high-water line of each bank are included in the designated critical habitat for the Arkansas River shiner. The areas included within the designated critical habitat contain features essential to the conservation of the species and include portions of the Canadian River (i.e., the South Canadian River) in New Mexico, Texas, and Oklahoma; the Beaver/North Canadian River in Oklahoma; the Cimarron River in Kansas and Oklahoma; and the Arkansas River in Kansas. Critical habitat occurs in the USFWS Action Area.

Even though the Arkansas River shiner is believed to be extirpated from the reach of the Cimarron River that contains the Project area, critical habitat for the species remains and includes up to 300 ft (91.4 m) of riparian area adjacent to the Cimarron River. These habitats remain protected for the preservation of the remaining areas that may provide support to the Arkansas River shiner, if reintroduction or augmentation efforts are attempted by the USFWS in the future.

3 USFWS. 2005a. Draft Economic Analysis of Critical Habitat Designation for the Arkansas River shiner.

Division of Economics: U.S. Fish and Wildlife Service. Arlington, Virginia. 222 pp.

4 USFWS. 2024. Arkansas River Shiner. Accessed February 2024.

https://www.fws.gov/species/arkansas-river-shiner-notropis-girardi

Jeff Lux March 29, 2024 Page 6 9450 Ward Parkway \\ Kansas City, Missouri 64114 burnsmcd.com Primary Constituent Elements of Arkansas River Shiner Critical Habitat PCEs are those habitat requirements necessary to provide for the life history of a listed species for purposes of recovery. For the Arkansas River shiner, PCEs were defined on page 59826 of the Final Rule to Designate Critical Habitat for the species (59808 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005). They are as follows:

PCE 1. A natural, unregulated hydrologic regime complete with episodes of flood and drought or, if flows are modified or regulated, a hydrologic regime characterized by the duration, magnitude, and frequency of flow events capable of forming and maintaining channel and instream habitat necessary for particular Arkansas River shiner life-stages in appropriate seasons. (Key habitat features: channel forming and maintaining flows).

PCE 2. A complex, braided channel with pool, riffle (shallow area in a streambed causing ripples), run, and backwater components that provide a suitable variety of depths and current velocities in appropriate seasons. (Key habitat features: channel complexity and instream mesohabitat diversity).

PCE 3. A suitable unimpounded stretch of flowing water of sufficient length to allow hatching and development of the larvae. (Key habitat features: long unimpounded stretch of river to support Arkansas River shiner larval development).

PCE 4. Substrates of predominantly sand, with some patches of silt, gravel, and cobble.

(Key habitat feature: predominantly sand substrate).

PCE 5. Water quality characterized by low concentrations of contaminants and natural, daily, and seasonally variable temperature, turbidity, conductivity, dissolved oxygen, and pH. (Key habitat features: water quality and water temperature maintained within historic range).

PCE 6. Suitable reaches of aquatic habitat, as defined by PCEs 1 through 5 above, and adjacent riparian habitat sufficient to support an abundant terrestrial, semiaquatic, and aquatic invertebrate food base. (Key habitat feature: riparian habitat to support an abundant invertebrate food base).

PCE 7. Few or no predatory or competitive non-native fish species present. (Key habitat feature: few non-native fish predators or competitors to Arkansas River shiner).

Jeff Lux March 29, 2024 Page 7 9450 Ward Parkway \\ Kansas City, Missouri 64114 burnsmcd.com Factors for Decline In 1998, the Arkansas River shiner was listed as a federally threatened species, due to reductions of its range and numbers primarily attributed to habitat loss and modification through channelization, construction of impoundments, stream dewatering, diversion of surface water, groundwater pumping, and water quality degradation. If spawning occurs less than 130 miles upstream of an area that has the suitable habitat to support the species or a man-made impoundment or other restriction to water flow interrupts their ability to drift down stream, the eggs and prolarva will likely fall out of the water column current, be covered in sediment, and die. Drought periods such as those in 1984, 1985, 2011-2014 have likely had a negative effect on the population in the Cimarron River.

PEPPERED CHUB The peppered chub is listed as endangered in the Cimarron River Basin in Oklahoma. The historic range of this species includes Colorado, Kansas, New Mexico, Oklahoma, and Texas.

Currently, the USFWS has designated critical habitat for the peppered chub along rivers in New Mexico, Oklahoma, and Texas (87 FR 11188-11220, 2/28/2022). The peppered chub is a small, fusiform (tapered at both ends) minnow with a conical head, distinct pairs of mouth barbels, and dark spots generally scattered on the dorsal half of the body. Adults may attain a maximum length of about 3 inches. The peppered chub historically inhabited wide, shallow, sandy bottomed rivers and larger streams of the Arkansas River Basin, often in areas with high turbidity. They feed primarily on larval insects, small crustaceans, immature aquatic insects, and plant material5.

The peppered chub broadcast semibuoyant eggs in flowing water that remain suspended in the water column until hatching. Fertilized eggs drift and hatch approximately 25-28 hours after fertilization; thus, it is estimated that this species requires 127 river miles of unimpounded flow to complete their reproductive cycle. Similar to other protected fish species in the same river systems, upstream movement by the peppered chub over the course of an adults lifespan is necessary to maintain upstream source populations and complete the species life cycle. The USFWS Species Status Assessment Report for the Arkansas River Shiner (Notropis girardi) and Peppered Chub (Macrhybopsis tetranema)2 has additional details for analyses on resiliency, representation, and redundancy.

5 USFWS. 2024. ECOS Environmental Conservation Online System. Peppered Chub (Macrhybopsis tetranema). Accessed March 2024. https://ecos.fws.gov/ecp/species/E072

Jeff Lux March 29, 2024 Page 8 9450 Ward Parkway \\ Kansas City, Missouri 64114 burnsmcd.com Occurrence in the USFWS Action Area The peppered chub historically occurred in the western portion of the Arkansas River drainage in Kansas, New Mexico, Oklahoma, and Texas. The species is estimated to be extirpated from 94 percent of its historical range. The species is considered to be currently confined to one reach of the South Canadian River between Ute Reservoir in New Mexico and Lake Meredith in the Texas panhandle6; thus, this species is thought to be extirpated from the reach of the Cimarron River in the USFWS Action Area.

Key Habitat Features in the USFWS Action Area Refer to Physical or Biological Features Essential to peppered chub Critical Habitat below.

PEPPERED CHUB CRITICAL HABITAT The USFWS has designated 872 miles (1,404 km) of rivers in Oklahoma, New Mexico, and Texas as critical habitat for the federally endangered peppered chub (87 FR 11188-11220, 2/28/2022). Recovery planning for the species is currently being drafted by the USFWS with supporting documents available6.

Even though the peppered chub is believed to be extirpated from the reach of the Cimarron River that contains the Project area, the critical habitat designation for the species remains implemented for the reach of the Cimarron River including the USFWS Action Area. For the purpose of this analysis, a buffer of 300 feet of riparian area adjacent to the Cimarron River was included as critical habitat for the peppered chub to be consistent with the critical habitat determined for the Arkansas River shiner. These habitats remain protected for the preservation of the remaining areas that may provide support to the peppered chub if reintroduction or augmentation efforts are attempted by the USFWS in the future.

Physical or Biological Features Essential to Peppered Chub PCEs for the peppered chub have not been specified in the final rule for the species. However physical and biological features (PBFs) essential to the conservation of the species were included (87 FR 11188-11220, 2/28/2022). These are:

6 USFWS. 2022. Peppered Chub (Macrhybopsis tetranema) Recovery Outline. Accessed March 2024.

https://ecos.fws.gov/docs/recovery_plan/Peppered%20Chub%20Recovery%20Outline.pdf

Jeff Lux March 29, 2024 Page 9 9450 Ward Parkway \\ Kansas City, Missouri 64114 burnsmcd.com PBF 1. Unobstructed river segments greater than 127 river miles (rmi) (205 river kilometers (rkm)) in length that are characterized by a complex braided channel and substrates of predominantly sand, with some patches of silt, gravel, and cobble.

PBF 2. Flowing water with adequate depths to support all life stages and episodes of elevated discharge to facilitate successful reproduction, channel and floodplain maintenance, and sediment transportation.

PBF 3. Water of sufficient quality to support survival and reproduction, which includes, but is not limited to, the following conditions:

(i) Water temperatures generally less than 98.2 degrees Fahrenheit (°F) (36.8 degrees Celsius (°C));

(ii) Dissolved oxygen concentrations generally greater than 3.7 parts per million (ppm);

(iii) Conductivity generally less than 16.2 millisiemens per centimeter (mS/cm);

(iv) pH generally ranging from 5.6 to 9.0; and (v) Sufficiently low petroleum and other pollutant concentrations such that reproduction and/or growth is not impaired.

PBF 4. Native riparian vegetation capable of maintaining river water quality, providing a terrestrial prey base, and maintaining a healthy riparian ecosystem.

PBF 5. A level of predatory or competitive, native, or nonnative fish present such that any peppered chub population's resiliency is not affected.

Factors for Decline In 2022, the peppered chub was listed as a federally endangered species, due to habitat reductions of its range and numbers primarily attributed to habitat loss and modification through channelization, construction of impoundments, stream dewatering, diversion of surface water, groundwater pumping, and water quality degradation. If spawning occurs less than 127 miles upstream of an area that has the suitable habitat to support the species or a man-made impoundment or other restriction to water flow interrupts their ability to drift down stream, the eggs and prolarva will likely fall out of the water column current, be covered in sediment, and die The species is considered to be currently confined to one reach of the South Canadian River

Jeff Lux March 29, 2024 Page 10 9450 Ward Parkway \\ Kansas City, Missouri 64114 burnsmcd.com between Ute Reservoir in New Mexico and Lake Meredith in the Texas panhandle6; thus, this species is thought to be extirpated from the reach of the Cimarron River in the USFWS Action Area.

POTENTIAL PROTECTED SPECIES HABITAT BASELINE CONDITIONS The following section discusses the potential habitat capable of supporting the Arkansas River shiner or peppered chub near the Project.

Arkansas River Shiner The last known observation of the species in the Cimarron River was in 1992, and it is likely to be extirpated (i.e., not likely currently present).

Arkansas River Shiner Critical Habitat Primary Constituent Elements The USFWS Action Area was evaluated based on the identified PCEs to determine if the current baseline conditions would support reintroduction and recovery of the species. Those include:

PCE 1. A natural, unregulated hydrologic regime complete with episodes of flood and drought or, if flows are modified or regulated, a hydrologic regime characterized by the duration, magnitude, and frequency of flow events capable of forming and maintaining channel and instream habitat necessary for particular Arkansas River shiner life-stages in appropriate seasons.

a. Baseline Condition for PCE 1: The USFWS Action Area may not be suitable for supporting Arkansas River shiner recovery. Droughts affect populations, negatively reducing spawning activities and availability of suitable habitat.

Barriers downstream may prevent natural recolonization after these drought periods.

b. Key Habitat Features, channel forming and maintenance flows, may not occur in the USFWS Action Area.

PCE 2. A complex, braided channel with pool, riffle (shallow area in a streambed causing ripples), run, and backwater components that provide a suitable variety of depths and current velocities in appropriate seasons.

a. Baseline Condition for PCE 2: The USFWS Action Area is not suitable for supporting Arkansas River shiner recovery. Additionally, the Project is not anticipated to add to the flow of the Cimarron River in an appreciable fashion.

Jeff Lux March 29, 2024 Page 11 9450 Ward Parkway \\ Kansas City, Missouri 64114 burnsmcd.com

b. Key Habitat Features, channel complexity and instream mesohabitat diversity, are not present in the USFWS Action Area at baseline condition.

PCE 3. A suitable unimpounded stretch of flowing water of sufficient length to allow hatching and development of the larvae.

a. Baseline Condition for PCE 3: The USFWS Action Area is not suitable for supporting Arkansas River shiner recovery. Additionally, the Project is not anticipated to add to the flow of the Cimarron River in an appreciable fashion.

b. Key Habitat Feature, long unimpounded stretch of river to support Arkansas River shiner larval development, is not present in the USFWS Action Area at baseline condition.

PCE 4. Substrates of predominantly sand, with some patches of silt, gravel, and cobble.

a. Baseline condition for PCE 4: The USFWS Action Area is not suitable for supporting Arkansas River shiner recovery.

b. Key Habitat Feature predominantly sand substrate (within a waterway) is not present in the USFWS Action Area at baseline condition. The Project is not anticipated to add to the flow of the Cimarron River in an appreciable fashion and not creating a perennial waterway with sandy conditions.

PCE 5. Water quality characterized by low concentrations of contaminants and natural, daily and seasonally variable temperature, turbidity, conductivity, dissolved oxygen, and pH.

a. Baseline condition for PCE 5: The USFWS Action Area may or may not be suitable for supporting Arkansas River shiner recovery.

b. Key Habitat Feature, water quality and water temperature maintained within historic range, may or may not be present in the USFWS Action Area at baseline condition. The Project is not anticipated to add to the flow of the Cimarron River in an appreciable fashion.

PCE 6. Suitable reaches of aquatic habitat, as defined by PCEs 1 through 5 above, and adjacent riparian habitat sufficient to support an abundant terrestrial, semiaquatic, and aquatic invertebrate food base.

Jeff Lux March 29, 2024 Page 12 9450 Ward Parkway \\ Kansas City, Missouri 64114 burnsmcd.com

a. Baseline condition for PCE 6: The USFWS Action Area is not suitable for supporting Arkansas River shiner recovery. Natural colonization after drought periods or in the dry reaches of the Project are not likely to occur and these areas would not be suitable for recovery of reintroduced Arkansas River Shiner.

b. Key Habitat Feature, riparian habitat to support an abundant invertebrate food base, is not present in the USFWS Action Area at baseline condition.

PCE 7. Few or no predatory or competitive non-native fish species present.

a. Baseline condition for PCE 7: The USFWS Action Area may not be suitable for supporting Arkansas River shiner recovery. The Project is not anticipated to add to the flow of the Cimarron River in an appreciable fashion.

b. Key Habitat Feature, few non-native fish predators or competitors to Arkansas River shiner, is absent in the USFWS Action Area.

Based on the PCEs of Arkansas River shiner Critical Habitat, the baseline condition is generally not supportive of the recovery of the Arkansas River shiner in the USFWS Action Area.

Additionally, adverse modifications to designated critical habitat for the Arkansas River shiner are not anticipated as a result of the Project activities.

Peppered Chub The peppered chub is considered to be currently confined to one reach of the South Canadian River between Ute Reservoir in New Mexico and Lake Meredith in the Texas panhandle; thus, this species is thought to be extirpated from the reach of the Cimarron River in the USFWS Action Area (i.e., not likely currently present).

Peppered Chub Physical or Biological Features Essential to Species The USFWS Action Area was evaluated based on the identified PCEs to determine if the current baseline conditions would support reintroduction and recovery of the species. Those include:

PBF 1. Unobstructed river segments greater than 127 rmi (205 rkm) in length that are characterized by a complex braided channel and substrates of predominantly sand, with some patches of silt, gravel, and cobble.

a. Baseline Condition for PBF 1: The USFWS Action Area may not be suitable for supporting peppered chub recovery. Droughts affect populations, negatively

Jeff Lux March 29, 2024 Page 13 9450 Ward Parkway \\ Kansas City, Missouri 64114 burnsmcd.com reducing spawning activities and availability of suitable habitat. Barriers downstream may prevent natural recolonization after these drought periods.

b. Key Habitat Features, unobstructed river segments greater than 127 rmi, do not occur in the USFWS Action Area.

PBF 2. Flowing water with adequate depths to support all life stages and episodes of elevated discharge to facilitate successful reproduction, channel and floodplain maintenance, and sediment transportation.

a. Baseline Condition for PBF 2: The USFWS Action Area may not be suitable for supporting peppered chub recovery. Droughts affect populations, negatively reducing spawning activities and availability of suitable habitat. Barriers downstream may prevent natural recolonization after these drought periods.

b. Key Habitat Features, flowing water with adequate depths to support all life stages, does not occur in the USFWS Action Area.

PBF 3. Water of sufficient quality to support survival and reproduction, which includes, but is not limited to, the following conditions:

(i)

Water temperatures generally less than 98.2 °F (36.8 degrees °C);

(ii)

(Dissolved oxygen concentrations generally greater than 3.7 parts per million (ppm);

(iii)

Conductivity generally less than 16.2 mS/cm; (iv) pH generally ranging from 5.6 to 9.0; and (v)

Sufficiently low petroleum and other pollutant concentrations such that reproduction and/or growth is not impaired.

a. Baseline Condition for PBF 3: The USFWS Action Area may not be suitable for supporting peppered chub recovery. Droughts affect populations, negatively reducing spawning activities and availability of suitable habitat. Barriers downstream may prevent natural recolonization after these drought periods.

b. Key Habitat Features, water of sufficient quality to support survival and reproduction, does not occur in the USFWS Action Area.

PBF 4. Native riparian vegetation capable of maintaining river water quality, providing a terrestrial prey base, and maintaining a healthy riparian ecosystem.

Jeff Lux March 29, 2024 Page 14 9450 Ward Parkway \\ Kansas City, Missouri 64114 burnsmcd.com

a. Baseline Condition for PBF 4: The USFWS Action Area may not be suitable for supporting peppered chub recovery. Additionally, the Project is not anticipated to add to the flow of the Cimarron River in an appreciable fashion.

b. Key Habitat Features, riparian vegetation capable of maintain river water quality, does not occur in the USFWS Action Area.

PBF 5. A level of predatory or competitive, native or nonnative fish present such that any peppered chub population's resiliency is not affected.

a. Baseline Condition for PBF 5: The USFWS Action Area may not be suitable for supporting peppered chub recovery. Additionally, the Project is not anticipated to add to the flow of the Cimarron River in an appreciable fashion.

b. Key Habitat Features, presence of predatory or competitive fish species, do not occur in the USFWS Action Area.

Based on the PBFs of peppered chub Critical Habitat, the baseline condition is generally not supportive of the recovery of the peppered chub in the USFWS Action Area. Additionally, adverse modifications to designated critical habitat for the peppered chub are not anticipated as a result of the Project activities CONCLUSION Construction of the Project will cause localized, short-term, and generally minor increases in ambient noise levels in the immediate vicinity of the work site for approximately 2 weeks within the10-month total construction for the entirety of the Project. The footprint of the discharge site is estimated to be less than 1/10 acre (1,200 square ft). Construction-related noise will generally stem from construction equipment operation, including but not necessarily limited to, truck traffic, earth-moving vehicles, and construction equipment. Overall, these sound levels are typical of construction projects and temporary, only occurring during the construction phase of the Project.

The discharge scenario evaluated was designed to minimize potential effects on the natural environment including the USFWS Action Area. Water discharge will be into a man-made ditch and not directly into the Cimarron River at a maximum rate of 225 gpm and a design rate of 172 gpm. No changes to instream flow, banks, or other habitat features directly associated with the Cimarron River are anticipated as a result of the Project. The area of riparian vegetation that would be permanently impacted is less than 1/2 acre. The proposed action would therefore constitute an increase of approximately 1.2 percent at maximum potential flow and 0.9 percent at the anticipated design flow, respectively, assuming portions of the discharge are not

Jeff Lux March 29, 2024 Page 15 9450 Ward Parkway \\ Kansas City, Missouri 64114 burnsmcd.com absorbed by the ground prior to reaching the Cimarron River. The discharge water will be adjusted for pH to fall within 6.8 - 7.0 and the concentrations of other constituents will comply with all other applicable federal and state requirements.

The Arkansas River shiner and peppered chub are presumed to be extirpated from this reach of the Cimarron River. It is Burns & McDonnells professional opinion that the Project may affect, but is not likely to adversely affect the Arkansas River shiner and peppered chub. Habitat features required to support federal designated critical habitat for the Arkansas River shiner (i.e., PCEs) and federally designated critical habitat for the peppered chubs (i.e., PBFs) are not anticipated to be impacted by the Project. It is Burns & McDonnells professional opinion that the Project will not result in any adverse modifications to designated critical habitat for the Arkansas River shiner or peppered chub Sincerely, Bryan Gasper Associate Environmental Scientist Attachments:

Appendix A - Figure Appendix B - USFWS IPaC Response cc:

Eric Dulle, Burns & McDonnell

APPENDIX A - FIGURE

Service Layer Credits: Hybrid Reference Layer: Esri Community Maps Contributors, Texas Parks & Wildlife, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS World Imagery: Maxar Source: Burns & McDonnell Issued: 3/29/2024 Path: C:\\ArcPro Projects\\CERT DECOM\\CERT DECOM\\CERT DECOM.aprx dmpartridge 3/29/2024 NORTH 500 0

500 250 Scale in Feet 74 Cima rr on River E Cimarron Blvd Cimarron Ri ve r

74 74 Highway 74 74 Cimarron River Cimarro n R Oknoname 083048 Reservoir N May Ave N May Ave PP-D-1 PP-D-2 PP-D-3 PP-D-4 PP-D-6 PP-D-5 PP-D-7 PP-D-8 PP-D-9 Project Area Area of Potential Land Disturbance USFWS Action Area Photo Point (PP)

Figure A-1 Area of Potential Land Disturbance Cimarron Environmental Response Trust (CERT)

Logan County, Oklahoma

APPENDIX B - USFWS IPAC RESPONSE

United States Department of the Interior FISH AND WILDLIFE SERVICE Oklahoma Ecological Services Field Office 9014 East 21st Street Tulsa, OK 74129-1428 Phone: (918) 581-7458 Fax: (918) 581-7467 In Reply Refer To:

Project Code: 2023-0113658 February 14, 2024 Project Name: NRC review of Decommissioning Plan for Cimarron Site, Logan County, Oklahoma

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 the 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 threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

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)

Project code: 2023-0113658 02/14/2024 2 of 10 (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 https://www.fws.gov/program/migratory-bird-permit/what-we-do.

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

Project code: 2023-0113658 02/14/2024 3 of 10 Attachment(s):

Official Species List USFWS National Wildlife Refuges and Fish Hatcheries Bald & Golden Eagles Migratory Birds Wetlands 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:

Oklahoma Ecological Services Field Office 9014 East 21st Street Tulsa, OK 74129-1428 (918) 581-7458

Project code: 2023-0113658 02/14/2024 4 of 10 PROJECT

SUMMARY

Project Code:

2023-0113658 Project Name:

NRC review of Decommissioning Plan for Cimarron Site, Logan County, Oklahoma Project Type:

Non-NPL Site Remediation Project

Description:

The U.S. NRC received a request from Environmental Properties Management, LLC (EPM), the trustee for the Cimarron Environmental Response Trust (CERT or licensee), to amend License SNM-928 to approve a decommissioning plan (DP) for groundwater remediation on the site of the former Cimarron Fuel Fabrication Facility (Cimarron site) in Logan County, Oklahoma. The DP is available through this link:

https://www.nrc.gov/docs/ML2228/ML22286A041.html.

If the NRC approves the DP and issues the license amendment, CERT would be authorized to complete the decommissioning of the site by installing systems to pump and treat groundwater to reduce the concentrations of uranium that exceed NRC limits. Groundwater remediation will allow for the eventual unrestricted release of the site from the NRC license. The license will remain in effect until it is terminated by the NRC.

The Cimarron site is situated along the southern bank of the Cimarron River near the intersection of Highways 74 and 33, approximately seven miles south of Crescent, Oklahoma. The site currently consists of approximately 500 acres of rolling hills and floodplain. Several miles of gravel roads, a gravel parking area, and one office building remain on the property.

Between 1965 and 1975, Kerr-McGee Nuclear Corporation (Kerr-McGee) manufactured nuclear fuel at the site under two NRC licenses. During that period, waste was buried in three locations and wastewater containing licensed material was stored in impoundments in accordance with regulatory requirements. Wastewater from the impoundments was discharged to the Cimarron River, also in accordance with regulatory requirements.

The site has been in a decommissioning status since production activities ceased in 1976, and most of the decommissioning activities are now complete. Previous decommissioning activities included decontamination of facilities, pipelines and grounds (including burials and impoundments),

offsite disposal of contaminated solid waste, and onsite disposal of contaminated soils. The only decommissioning activities that need to be completed are associated with the removal of contaminants from groundwater in areas where concentrations exceed the NRCs unrestricted

Project code: 2023-0113658 02/14/2024 5 of 10 Project Location:

release criteria. The DP proposes the installation in two onsite areas of groundwater treatment systems. These two areas are known as the Western Area and Burial Area #1. The treatment systems to be installed include extraction and injection pipes and trenches and above-ground treatment systems housed in a building (Western Area) or modular enclosure (Burial Area #1). Treated water would be reinjected into the ground to drive affected groundwater toward the extraction systems. Any treated water not used for reinjection would be discharged to the Cimarron River in accordance with a permit to be issued by the Oklahoma Department of Environmental Quality.

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

www.google.com/maps/@35.884500849999995,-97.57820639340044,14z Counties: Logan County, Oklahoma

Project code: 2023-0113658 02/14/2024 6 of 10 ENDANGERED SPECIES ACT SPECIES There is a total of 7 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 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.

MAMMALS NAME STATUS Tricolored Bat Perimyotis subflavus No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/10515 Proposed Endangered BIRDS NAME STATUS Piping Plover Charadrius melodus 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. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/6039 Rufa Red Knot Calidris canutus rufa There is proposed critical habitat for this species.

Species profile: https://ecos.fws.gov/ecp/species/1864 Whooping Crane Grus americana Population: Wherever found, except where listed as an experimental population There is final critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/758 Threatened Threatened Endangered

Project code: 2023-0113658 02/14/2024 7 of 10 FISHES NAME STATUS Arkansas River Shiner Notropis girardi Population: Arkansas River Basin (AR, KS, NM, OK, TX)

There is final critical habitat for this species. Your location overlaps the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/4364 Peppered Chub Macrhybopsis tetranema There is final critical habitat for this species. Your location overlaps the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/532 Threatened Endangered 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 2 critical habitats wholly or partially within your project area under this office's jurisdiction.

NAME STATUS Arkansas River Shiner Notropis girardi https://ecos.fws.gov/ecp/species/4364#crithab Peppered Chub Macrhybopsis tetranema https://ecos.fws.gov/ecp/species/532#crithab Final Final USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a

'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act1 and the Migratory Bird Treaty Act2.

Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider

Project code: 2023-0113658 02/14/2024 8 of 10 implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles".

1. The Bald and Golden Eagle Protection Act of 1940.

2. The Migratory Birds Treaty Act of 1918.

3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)

THERE ARE NO BALD AND GOLDEN EAGLES WITHIN THE VICINITY OF YOUR PROJECT AREA.

MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Act2.

Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats3 should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles".

1. The Migratory Birds Treaty Act of 1918.

2. The Bald and Golden Eagle Protection Act of 1940.

3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)

THERE ARE NO FWS MIGRATORY BIRDS OF CONCERN WITHIN THE VICINITY OF YOUR PROJECT AREA.

WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes.

For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.

Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.

FRESHWATER FORESTED/SHRUB WETLAND PSS/EM1Fh PSS2C FRESHWATER EMERGENT WETLAND PEM1C

Project code: 2023-0113658 02/14/2024 9 of 10 RIVERINE R4SBC R2USC R5UBH R2UBH R5UBF FRESHWATER POND PUBHh PAB4Hx PUBHx LAKE L1UBHh

Project code: 2023-0113658 02/14/2024 10 of 10 IPAC USER CONTACT INFORMATION Agency: Nuclear Regulatory Commission Name:

Christine Pineda Address: 11545 Rockville Pike City:

Rockville State:

MD Zip:

20852 Email christine.pineda@nrc.gov Phone:

3014156789

ENCLOSURE 3 FIGURE 8-1, WESTERN AREA GROUNDWATER REMEDIATION AREAS FROM FACILITY DECOMMISSIONING PLAN - REV 3

FIGURE 8-1 WESTERN AREA GROUNDWATER REMEDIATION AREAS FACILITY DECOMMISSIONING PLAN REVISION 3 OUTFAlI 15001

>BURNS CvMCDONNELL environmental properties management, I.LC LEGEND MONITOR WELL IN ALLUVIUM MONITOR WELL IN SANDSTONE A MONITOR WELL IN SANDSTONE B MONITOR WELL IN SANDSTONE C MONITOR WELL IN TRANSITION ZONE PROPOSED MONITOR WELL EXTRACTION TEST WELL EXTRACTION WELL/SUMP INJECTION WELL OUTFALL GROUNDWATER EXTRACTION PIPING TREATED WATER INJECTION PIPING GROUNDWATER EXTRACTION TRENCH TREATED WATER INJECTION TRENCH WESTERN AREA TREATMENT FACILITY EXTRACTION, INJECTION, AND UTILITY CORRIDOR WA DISCHARGE PIPING 100 pg/L URANIUM CONCENTRATION WU-BA3 REMEDIATION AREA WAA U>DCGL REMEDIATION AREA 1206-NORTH REMEDIATION AREA SUBAREAS 1206 DRAINAGE PERFORATED PIPE EXCAVATION AREA GETR-WU-01 NOTES

1) 180 picoCuries per liter (pCi/L) in the WAA U >

DCGL, 1206-NORTH, and BA3 areas was calculated at 119 micrograms per liter (pg/L). The 100 pg/L isopleth is shown for conservatism.

2) BASEMAP: GOOGLE EARTH 2017

/Plfer fr Rev No: 0 Preparer: TJKIMMEL Date: 9/9/2022 Reviewer: EDULLE Date: 9/9/2022 Coordinate System NAD 1983 StatePlane Oklahoma North F IPS 3501 Feet Z:\\Clients\\ENS\\CERT\\_Clientlnfo\\Sites\\Database\\Geospatial\\Maps & Dwgs\\ArcGIS\\BMCD_Files\\Arcdocs\\2020\\2022 - Decommissioning Plan\\Figure 8-1 _Western Area GW Remediation Areas