ML24175A003

Verification Letter for the Project Named Palisades Nuclear Plant Restart Project - Restoration, Repair and Maintenance Fish and Wildlife Service to DOE Lpo

ML24175A003
Person / Time
Site:	Palisades
Issue date:	05/23/2024
From:	US Dept of Interior, Fish & Wildlife Service
To:	Williamson A Office of Nuclear Material Safety and Safeguards
References
Download: ML24175A003 (1)

Text

United States Department of the Interior

FISH AND WILDLIFE SERVICE Michigan Ecological Services Field Office 2651 Coolidge Road Suite 101 East Lansing, MI 48823-6360 Phone: (517) 351-2555 Fax: (517) 351-1443

In Reply Refer To: 05/23/2024 16:57:43 UTC Project code: 2024-0090273 Project Name: Palisades Nuclear Plant Restart Project-Restoration, Repair and Maintenance

Subject:

Verification letter for the project named 'Palisades Nuclear Plant Restart Project-Restoration, Repair and Maintenance' for specified threatened and endangered species that may occur in your proposed project location consistent with the Michigan Endangered Species Determination Key (Michigan DKey)

Dear Alicia Williamson:

The U.S. Fish and Wildlife Service (Service) received on May 23, 2024 your effect determination(s) for the 'Palisades Nuclear Plant Restart Project-Restoration, Repair and Maintenance' (the Action) using the Michigan DKey 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 assistance of the Services Michigan DKey, you made the following effect determination(s) for the proposed Action:

Species Listing Status Determination Eastern Massasauga (=rattlesnake) (Sistrurus catenatus)Threatened NLAA Indiana Bat (Myotis sodalis) Endangered No effect Mitchell's Satyr Butterfly (Neonympha mitchellii Endangered No effect mitchellii)

Monarch Butterfly (Danaus plexippus) Candidate No effect Northern Long-eared Bat (Myotis septentrionalis) Endangered No effect Piping Plover (Charadrius melodus) Endangered NLAA Pitcher's Thistle (Cirsium pitcheri) Threatened NLAA Rufa Red Knot (Calidris canutus rufa) Threatened NLAA Tricolored Bat (Perimyotis subflavus) Proposed No effect Endangered Whooping Crane (Grus americana) Experimental No effect Population, Non-Essential Project code: 2024-0090273 05/23/2024 16:57:43 UTC

The Service will notify you within 30 calendar days if we determine that this proposed Action does not meet the criteria for a may affect, not likely to adversely affect (NLAA) determination for Federally listed species in Michigan. If we do not notify you within that timeframe, you may proceed with the Action under the terms of the NLAA concurrence provided here. This verification period allows the Michigan Ecological Services Field Office to apply local knowledge to evaluation of the Action, as we may identify a small subset of actions having impacts that were unanticipated. In such instances, the Michigan Ecological Services Field Office may request additional information to verify the effects determination reached through the Michigan DKey.

Your agency has met consultation requirements by informing the Service of your No Effect determination(s). No consultation is required for species that you determined will not be affected by the Action.

Please provide sufficient project details on your project homepage in IPaC (Define Project, Project Description) to support your conclusions and the Services 30-day review period. Failure to disclose important aspects of your project that would influence the outcome of your effects determinations may negate your determinations and invalidate this letter. If you have site-specific information that leads you to believe a different determination is more appropriate for your project than what the Dkey concludes, you can and should proceed based on the best available information.

The Service recommends that you contact the Service or re-evaluate the project in IPaC if: 1) the scope or location of the proposed Action is changed; 2) new information reveals that the action may affect listed species or designated critical habitat in a manner or to an extent not previously considered; 3) the Action is modified in a manner that causes effects to listed species or designated critical habitat; or 4) a new species is listed or critical habitat designated. If any of the above conditions occurs, additional consultation with the Service should take place before project changes are final or resources committed.

For non-Federal representatives: Please note that when a project requires consultation under section 7 of the Act, the Service must consult directly with the Federal action agency unless that agency formally designates a non-Federal representative (50 CFR 402.08). Non-Federal representatives may prepare analyses or conduct informal consultations; however, the ultimate responsibility for section 7 compliance under the Act remains with the Federal agency. If the Federal agency concurs with your determination, the project as proposed has completed section 7 consultation. All documents and supporting correspondence should be provided to the Federal agency for their records.

Bald and Golden Eagles:

Bald eagles, golden eagles, and their nests are protected under the Bald and Golden Eagle Protection Act (54 Stat. 250, as amended, 16 U.S.C. 668a-d) (Eagle Act). The Eagle Act prohibits, except when authorized by an Eagle Act permit, the taking of bald and golden eagles and defines take as pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb. The Eagle Acts implementing regulations define disturb as to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific

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information available, (1) injury to an eagle, (2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior.

If the Action may impact bald or golden eagles, additional coordination with the Service under the Eagle Act may be required. For more information on eagles and conducting activities in the vicinity of an eagle nest, please visit https://www.fws.gov/library/collections/all-about-eagles. In addition, the Service developed the National Bald Eagle Management Guidelines (May 2007) in order to assist landowners in avoiding the disturbance of bald eagles. The full Guidelines are available at https://www.fws.gov/media/national-bald-eagle-management-guidelines-0.

If you have further questions regarding potential impacts to eagles, please contact Chris Mensing, Chris_Mensing@fws.gov or 517-351-2555.

Monarch butterfly and other pollinators In December 2020, after an extensive status assessment of the monarch butterfly, we determined that listing the monarch under the Endangered Species Act is warranted but precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Therefore, the Service added the monarch butterfly to the candidate list. The Service will review its status each year until we are able to begin developing a proposal to list the monarch.

The Endangered Species Act does not establish protections or consultation requirements for candidate species. Some Federal and State agencies may have policy requirements to consider candidate species in planning. We encourage implementing measures that will remove or reduce threats to these species and possibly make listing unnecessary.

For all projects, we recommend the following best management practices (BMPs) to benefit monarch and other pollinators.

Monarch and Pollinator BMP Recommendations Consider monarch and other pollinators in your project planning when possible. Many pollinators are declining, including species that pollinate key agricultural crops and help maintain natural plant communities. Planting a diverse group of native plant species will help support the nutritional needs of Michigans pollinators. We recommend a mix of flowering trees, shrubs, and herbaceous plants so that something is always blooming and pollen is available during the active periods of the pollinators, roughly early spring through fall (mid-March to mid-October). To benefit a wide variety of pollinators, choose a wide range of flowers with diverse colors, heights, structure, and flower shape. It is important to provide host plants for any known butterfly species at your site, including native milkweed for Monarch butterfly. Incorporating a water source (e.g.,

ephemeral pool or low area) and basking areas (rocks or bare ground) will provide additional resources for pollinators.

Many pollinators need a safe place to build their nests and overwinter. During spring and summer, leave some areas unmowed or minimize the impacts from mowing (e.g., decrease frequency, increase vegetation height). In fall, leave areas unraked and leave plant stems standing. Leave patches of bare soil for ground nesting pollinators.

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Avoid or limit pesticide use. Pesticides can kill more than the target pest. Some pesticide residues can kill pollinators for several days after the pesticide is applied. Pesticides can also kill natural predators, which can lead to even worse pest problems.

Planting native wildflowers can also reduce the need to mow and water, improve bank stabilization by reducing erosion, and improve groundwater recharge and water quality.

Resources:

https://www.fws.gov/initiative/monarchs https://www.fws.gov/library/collections/pollinators Wetland impacts:

Section 404 of the Clean Water Act of 1977 (CWA) regulates the discharge of dredged or fill material into waters (including wetlands) of the United States. Regulations require that activities permitted under the CWA (including wetland permits issued by the Michigan Department of Environment, Great Lakes, and Energy (EGLE)) not jeopardize the continued existence of species listed as endangered or threatened. Permits issued by the U.S. Army Corps of Engineers must also consider effects to listed species pursuant to section 7 of the Endangered Species Act.

The Service provides comments to the agencies that may include permit conditions to help avoid or minimize impacts to wildlife resources including listed species. For this project, we consider the conservation measures you agreed to in the determination key and/or as part of your proposed action to be non-discretionary. If you apply for a wetland permit, these conservation measures should be explicitly incorporated as permit conditions. Include a copy of this letter in your wetland permit application to streamline the threatened and endangered species review process.

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Summary of conservation measures for your project You agreed to the following conservation measures to avoid adverse effects to listed species and our concurrence is only valid if the measures are fully implemented. These must be included as permit conditions if a permit is required and/or included in any contract language.

Eastern massasauga: To increase human safety and awareness of EMR, those implementing the project must first review the EMR factsheet (available at https://www.fws.gov/media/eastern-massasauga-rattlesnake-fact-sheet), and watch MDNRs 60-Second Snakes: The Eastern Massasauga Rattlesnake video (available at https://www.youtube.com/watch?v=-PFnXe_e02w).

Eastern massasauga: During project implementation, report sightings of any federally listed species, including EMR, to the Service within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.

Eastern massasauga: The project will not result in permanent loss of more than one acre of wetland or conversion of more than 10 acres of EMR upland habitat (uplands associated with high quality wetland habitat) to other land uses.

Rufa red knot: Avoid permanent modification of beaches, dunes, mudflats, peat banks, sandbars, shoals, or other red knot habitats during the red knot migration windows (May 15 through June 15 in the spring OR July 1 through September 30 in the fall). In addition, the project will not result in an increase in human disturbance or predation during the red knot migration windows within suitable habitat during the migration window.

Listed plants: Avoid indirect effects to listed plants by not altering the habitat or resources of a listed plant, and avoiding all direct impacts such as prescribed fire, herbicide application, trampling, increased herbivory, cutting/clearing, crushing by a vehicle, etc.

Listed bats: The action will not include temporary or permanent lighting of roadway(s),

facility(ies), and/or parking lot(s).

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Action Description You provided to IPaC the following name and description for the subject Action.

1. Name Palisades Nuclear Plant Restart Project-Restoration, Repair and Maintenance

2. Description The following description was provided for the project 'Palisades Nuclear Plant Restart Project-Restoration, Repair and Maintenance':

Pursuant to its authority under Title XVII of the Energy Policy Act of 2005 (EPAct), which established a Federal loan guarantee program, the U.S.

Department of Energy (DOE), Loan Programs Office (LPO) is evaluating whether to provide Federal financial assistance (a Federal loan guarantee) to Holtec Palisades, LLC for general restoration, repair, and maintenance activities within the bounds of normal plant component replacement and inspections to support the restart of the Palisades Nuclear Plant (Palisades or PNP), an 800-MW electric nuclear generation station in Covert Township, Michigan on the eastern side of Lake Michigan. As an existing plant, there will be no traditional construction activities. PNP is located on an approximately 432-acre site. The Palisades facilities and infrastructure include the power production area and support facilities, two independent spent fuel storage installations for dry storage, mechanical draft cooling towers, main parking lot, switchyard (Palisades Substation), and power transmission facilities and corridors, which extend eastward from the site. The Palisades substation has multiple 345-kV transmission lines which provide the interconnection between the substation and the regional power grid system.

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

www.google.com/maps/@42.32339945,-86.30732563310772,14z

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QUALIFICATION INTERVIEW

1. Are there any possible effects to any listed species or to designated critical habitat from your project or effects from any other actions or projects subsequently made possible by your project?

Select "Yes" even if the expected effects to the species or critical habitat are expected to be

1) extremely unlikely (discountable), 2) can't meaningfully be measured, detected, or evaluated (insignificant), or 3) wholly beneficial.

Select "No" to confirm that the project details and supporting information allow you to conclude that listed species and their habitats will not be exposed to any effects (including discountable, insignificant, or beneficial effects) and therefore, you have made a "no effect" determination for all species. If you are unsure, select YES to answer additional questions about your project.

Yes

2. This determination key is intended to assist the user in the evaluating the effects of their actions on Federally listed species in Michigan. It does not cover other prohibited activities under the Endangered Species Act (e.g., for wildlife: import/export, Interstate or foreign commerce, possession of illegally taken wildlife, purposeful take for scientific purposes or to enhance the survival of a species, etc.; for plants: import/export, reduce to possession, malicious destruction on Federal lands, commercial sale, etc.) or other statutes. Click yes to acknowledge that you must consider other prohibitions of the ESA or other statutes outside of this determination key.

Yes

3. Is the action the approval of a long-term (i.e., in effect greater than10years) permit, plan, or other action? (e.g., a new or re-issued hydropower license, a large-scale land management plan, or other kinds of documents that provide direction for projects or actions that may be conducted over a long term (>10years) without the need for additional section 7 consultation).

No

4. Is the action being funded, authorized, or carried out by a Federal agency?

Yes

5. Does the action involve the installation or operation of wind turbines?

No

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6. Are there at least 30 days prior to your action occurring? Endangered species consultation must be completed before taking any action that may have effects to listed species. The Service also needs 30 days to review projects before we can verify conclusions in some dkey output letters. For example, if you have already started some components of the project on the ground (e.g., removed vegetation) before completing this key, answer no to this question. The only exception is if you have a Michigan Field Office pre-approved emergence survey (i.e., if you have conducted pre-approved emergence surveys for listed bats before tree removal, you can still answer yes to this question).

Yes

7. Does the action involve constructing a new communications tower or modifying an existing communications tower?

No

8. Does the activity involve aerial or other large-scale application of any chemical (including insecticide, herbicide, etc.)?

No

9. Does your project include water withdrawal (ground or surface water) greater than 10,000 gallons/day?

No

10. Will your action permanently affect hydrology?

No

11. Will your action temporarily affect hydrology?

No

12. Will your project have any direct impacts to a stream or river (e.g., Horizontal Directional Drilling (HDD), hydrostatic testing, stream/road crossings, new storm-water outfall discharge, dams, other in-stream work, changes to water quality or hydrology, etc.)?

No

13. Does your project have the potential to indirectly impact the stream/river or the riparian zone (e.g., cut and fill, horizontal directional drilling, hydrostatic testing, construction, vegetation removal, discharge, changes to water quality or hydrology, etc.)?

No

14. Will your action disturb the ground or existing vegetation? This includes any off road vehicle access, soil compaction, digging, seismic survey, directional drilling, heavy equipment, grading, trenching, placement of fill, pesticide application, vegetation management (including removal or maintenance using equipment or chemicals),

cultivation, development, etc.

No

15. Is the action a utility-scale solar development project?

Note:Solar projects are considered utility scale if they will be 1 megawatt or larger.

No

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16. [Hidden semantic] Does the action intersect the MOBU AOI?

Automatically answered Yes

17. Under the ESA, monarchs remain warranted but precluded by listing actions of higher priority. The monarch is a candidate for listing at this time. The Endangered Species Act does not establish protections or consultation requirements for candidate species. Some Federal and State agencies may have policy requirements to consider candidate species in planning. We encourage implementing measures that will remove or reduce threats to these species and possibly make listing unnecessary. If your project will have no effect on monarch butterflies (for example, if your project won't affect their habitat or individuals),

then you can make a "no effect" determination for this project. Are you making a "no effect" determination for monarch?

Yes

18. [Hidden Semantic] Does the action intersect the Eastern massasauga rattlesnake area of influence?

Automatically answered Yes

19. Does your action involve prescribed fire?

No

20. Will this action occur entirely in the Eastern massasauga rattlesnake inactive season (October 16 through April 14)?

No

21. Will this action occur entirely in the Eastern massasauga rattlesnake active season (April 15 through October 15)?

No

22. Will the action result in permanent loss of more than one acre of wetland or conversion of more than 10 acres of uplands of potential Eastern massasauga rattlesnake habitat (uplands associated with high quality wetland habitat) to other land uses?

No

23. Will you watch MDNR's "60-Second Snakes: The Eastern Massasauga Rattlesnake (EMR)" video, review the EMR factsheet or call 517-351-2555 to increase human safety and awareness of EMR?

Yes

24. Will all action personnel report any Eastern massasauga rattlesnake observations, or observation of any other listed threatened or endangered species, during action implementation to the Service within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />?

Yes

25. [Hidden Semantic] Does the action area intersect the Mitchell's satyr area of influence?

Automatically answered Yes

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26. Does your project include alteration or fill of 3 or more acres of wetland?

No

27. [Hidden Semantic] Does the action area intersect the piping plover area of influence?

Automatically answered Yes

28. Will the action occur in suitable piping plover habitat?

Note: Piping plover habitat consists of Great Lakes islands and mainland shorelines that support, or have the potential to support, open, sparsely vegetated sandy habitats, such as sand spits or sand beaches, that are associated with wide, unforested systems of dunes and inter-dune wetlands.

No

29. Will the action occur during the piping plover migration season (April 1 through May 1 in spring OR August 15 through September 15 in the fall)?

Yes

30. [Hidden Semantic] Does the action area intersect the rufa red knot area of influence?

Automatically answered Yes

31. Will the action occur during the red knot migration windows (May 15-June 15 or July 1-September 30?)

Yes

32. Will the action modify beaches, dunes, mudflats, peat banks, sandbars, shoals, or other red knot habitats? For example, the following actions may modify red kot habitat: groins, jetties, sea walls, revetments, bulkheads, rip-rap, beach nourishment, nearshore dredging, dredge spoil disposal, sand mining/borrowing, beach bulldozing, sandbagging, sand fencing, vegetation planting/alteration/removal, deliberate or possible introduction of non-native vegetation, beach raking/mechanized grooming, boardwalks, aquaculture development.

No

33. Will the action result in increased human disturbance or predation? For example, is the action likely to indirectly increase access or use of red knot habitats by humans and/or predators at times of year that the birds are typically present (e.g., commercial/residential development, beach access structures, boardwalks, pavilions, bridges/roads/ferries/trails, marinas, posts or other avian predator perches, structures or habitat features likely to encourage predator nesting/denning, trash cans or other predator attractants, feral cat colonies, policy changes likely to increase human use).

No

34. [Hidden Semantic] Does the action area intersect the whooping crane (ex. Pop) area of influence?

Automatically answered Yes

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35. Have you determined that the action will have no effect on individuals within the whooping crane nonessential experimental population (NEP)?

Yes

36. [Hidden Semantic] Does the action area intersect the area of influence for Pitcher's thistle?

Automatically answered Yes

37. Does the action area include Great Lakes shoreline sand dunes?

Yes

38. Did you conduct a survey to determine if Pitcher's thistle occurs in the action area? If YES, email your survey report to MIFO_Dkey@fws.gov with Survey Report in subject line before continuing with the next step of this key.

No

39. Will the action indirectly alter the habitat or resources of Pitcher's thistle? For example, could your action result in a change in canopy cover, microclimate, humidity, increase in invasive species, hydrologic alterations, etc.? If unsure, select yes.

No

40. Could the action directly harm Pitcher's thistle? For example, prescribed fire, herbicide application, trampling, increased herbivory, cutting/clearing, cultivation, crushing by vehicle, reduce to possession, etc.

No

41. The project has the potential to affect federally listed bats. Does the action area contain any known or potential bat hibernacula (natural caves, abandoned mines, or underground quarries)?

No

42. Has a presence/absence bat survey or field-based habitat assessment following the Service's Range-wide Indiana Bat and Northern Long-eared Bat Summer Survey Guidelines been conducted within the action area?

No

43. Does the action involve removal/modification of a human structure (barn, house or other building) known to contain roosting bats?

No

44. Does the action include removal/modification of an existing bridge or culvert?

No

45. Does the action include temporary or permanent lighting of roadway(s), facility(ies), and/

or parking lot(s)?

No

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46. Does the action include one or more of the following: (1) tree cutting/trimming, (2) prescribed fire, (3) pesticide (including insecticide and/or rodenticide), and/or (4) herbicide/fungicide application?

No

47. [Hidden Semantic] Does the action area intersect the Indiana bat AOI?

Automatically answered Yes

48. [Hidden Semantic] Does this project intersect the northern long-eared bat area of influence?

Automatically answered Yes

49. [Hidden semantic] Does the action intersect the Tricolored bat AOI/SLA/range?

Automatically answered Yes

50. The tricolored bat was proposed for listing as endangered on September 13, 2022. In Michigan, the tricolored bat was rare pre-white nose syndrome (WNS) and is exceedingly rare post-WNS. The species has been observed in 12 Michigan counties to date, largely during the fall or winter. With very few exceptions, the species has not been observed in Michigan in the summer months, and no maternity colonies have been found. During winter, tricolored bats hibernate in caves, abandoned mines, and abandoned tunnels ranging from small to large in size. During spring, summer and fall months, they roost primarily among leaf clusters of live or recently dead deciduous/hardwood trees.

Are you making a no effect determination on this project for the tricolored bat?

Yes

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IPAC USER CONTACT INFORMATION Agency: Department of Energy Name: Alicia Williamson Address: 1000 Independence Ave SW City: Washington State: DC Zip: 20585 Email alicia.williamson@hq.doe.gov Phone: 2025867272

You have indicated that your project falls under or receives funding through the following special project authorities:

BIPARTISAN INFRASTRUCTURE LAW (BIL) (OTHER)

INFLATION REDUCTION ACT (IRA) (OTHER)

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