ML24190A191
| ML24190A191 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| Issue date: | 07/08/2024 |
| From: | Martin C US Dept of Interior, Fish & Wildlife Service, Ecology Services |
| To: | NRC/NMSS/DREFS/EPMB2 |
| References | |
| 2024-0023697 | |
| Download: ML24190A191 (1) | |
Text
United States Department of the Interior
FISH AND WILDLIFE SERVICE Florida Ecological Services Field Office
In Reply Refer To: July 8, 2024 2024-0023697 Crystal River License Termination Plan Unit 3 Memorandum To: Environmental Scientist, Ecological Resources, Environmental Center of Expertise, Office of Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C.
From: Division Supervisor, Environmental Review, Florida Ecological Services, Region 4, USFWS
Subject:
Informal consultation and conference for the proposed actions under 2024-0023697 Crystal River License Termination Plan Unit 3 located in Citrus County, Florida.
This memorandum acknowledges USFWSs (FWS) receipt of U.S. Nuclear Regulatory Commissions (NRC) request for consultation email on July 3, 202 4. This response is in accordance with section 7 of the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C.
1531 et seq.). FWS has reviewed NRCs proposed project and concur with NRCs July 3, 2024, determinations for endangered and threatened species. FWS based our concurr ence on the justification below. Where more than one justification was applicable, multiple boxes are checked and additional comments are added.
Species- specific surveys were conducted and there are no endangered, threatened, or at -risk species or designated critical habitat on site.
Endangered, threatened, and at-risk species are not known to be present and are not expected to occur within the vicinity of the proposed project.
Appropriate conservation measures have been included within the project description to ensure that any effects to listed species are insignificant or discountable.
Applicant has agreed to the following:
- U.S. Environmental Protection Agency approved herbicides will be used in accordance with label instructions and licensed applicators would apply herbicides under supervision. Herbicide application would be limited to developed or maintained areas.
- The applicant maintains a wildlife management program which educates plant workers on listed species.
- No work will be conducted in or immediately adjacent to the intake and discharge canals.
- The following best management practices will be adhered to:
o Accelerated Decommissioning Partners, LLC (ADP) Crystal River Unit 3 (CR3)
Stormwater Pollution Protection Plan .
o ADP CR3 Spill Prevention, Control, and Countermeasures Plan o Water treatment and sampling for all discharges under the Industrial Discharge Permit including annual toxicity testing.
o Routine site inspections.
7915 Baymeadows Way, #200 1601 Balboa Avenue 1339 20th Street Jacksonville, FL 32256 Panama City, FL 32405 Vero Beach, FL 32960 (352) 448-9151 (352) 448-9151 (352) 448-9151
Page 2 o Training for all badged personnel, which includes chemical handling/disposal and spill reporting.
o Dust suppression activities forall dust- inducing activities.
o Soil stabilization for open areas to minimize runoff or erosion or both.
Appropriate avoidance and minimization measures have been included within the project description to ensure primary constituent element(s) (PCE[s]) and/or critical habitat will not be adversely modified or destroyed.
The proposed project is completely beneficial to the listed or at- risk species and/or critical habitat considered.
Additionally, two species were included in the request for consultation with a may affect, not likely to adversely affect determination , however these species are not subject to ESA section 7 consultation for the following reasons 1:
Florida whooping crane Experimental population, Non-essential (EXPN)
A population that has been established within its historical range under section 10(j) of the ESA to aid recovery of the species. The Service has determined a non-essential population is not necessary for the continued existence of the species. For the purposes of consultation, non- essential experimental populations are treated as threatened species on National Wildlife Refuge and National Park land (require consultation under 7(a)(2) of the ESA) and as a proposed species on private land (no section 7(a)(2) requirements, but Federal agencies must not jeopardize their existence [section 7(a)(4)]). 2 American alligator Similarity of Appearance, Threatened (SAT)
Any species listed as threatened due to similarity of appearance w ith another species that is listed as threatened. Species listed under a similarity of appearance are not biologically endangered and are not subject to section 7 consultation. Listing by similarity of appearance depends on the degree of difficulty law enforcement personnel would have in distinguishing the species from a threatened species and where the additional threat posed to the threatened species by the similarity of appearance. Species listed under a similarity of appearance may be protected by the take prohibitions of section 9 under the ESA, where they overlap with the listed entity they were listed to protect.
1 https://ipac.ecosphere.fws.gov/status/list 2 Bold format is direct copy and paste from IPaC.
Page 3 Concerning instances when a federal action agency includes candidate 3 species that has not been proposed for ESA listing to date, it is at the discretion of the action agency/applicant to request conference. 4 Conference 5 is similar to but distinct from consultation in that conference can be requested to the Service for proposed species and/or critical habitat. 6 The Service recommends conference for proposed species and/or critical habitat to avoid sudden unplanned stoppage of a project when the species and/or critical habitat becomes listed which triggers re- initiation. Since this is a candidate species, the action agency/applicant has the discretion to request conference or simply proceed with the project without coordination with the Service.
Per NRC s July 5, 2024, email the federal action agency is not requesting conference for monarch butterfly, as it is a candidate species and has not been proposed for ESA listing to date, therefore a conference report has not been issued.
Regarding occurrences when a federal action agency determines that its action will not affect ESA-listed species or designated critical habitat within the Fish and Wildlife Service, Division of Environmental Review (DER)s jurisdiction (i.e., it makes a no effect determination), there is no need to consult with DER . As with may affect, the term no effect is not defined in the joint regulations governing section 7 consultation, but it is defined in the Services ESA s ection 7 Handbook (USFWS and NMFS 1998) as: the appropriate conclusion when the federal action agency determines its proposed action will not affect a listed species or designated critical habitat.
Neither the ESA nor the NOAA Fisheries/U.S. Fish and Wildlife Services joint consultation regulations mandate consultation when federal action agencies determine their proposed actions have no effect on ESA-listed species or designated critical habitat. It is therefore DERs procedure that it will not provide any written concurrence with a federal action agencys determination that its action will have no effe ct on ESA -listed species or designated critical habitat.
As provided in 50 CFR 402.16, re-initiation of consultation is required and shall be requested by the Federal agency, where discretionary Federal involvement or control over the action has been retained or is authorized by law and if (1) take occurs, or (2) new information reveals effects of the action not previously considered, or (3) if the identified action is subsequently modified in a
3 Candidate species are defin ed as plant and animal taxa considered for possible addition to the List of Endangered and Threatened Species. These are taxa for which the Fish and Wildlife Service has on file sufficient information on biological vulnerability and threat(s) to support issuance of a proposal to list, but issuance of a proposed rule is currently precluded by higher priority listing actions. [61 FR 7596-7613 (February 28, 1996)].
4 Conference is a process which involves informal discussions between a Federal agency and the Service under section 7(a)(4) of the Act regarding the impact of an action on proposed species or proposed critical habitat and recommendations to minimize or avoid the adverse effects. 50 CFR 402.02 (June 7, 2024) 5 6.1 ..."Federal action agencies may request a conference on any proposed action that may affect proposed species or proposed critical habitat." Excerpt from the Services ESA section 7 Handbook (USFWS and NMFS, 1998) on conference.
6 6.2 "Conferences may involve informal discussions among the Services, the action agency, and the applicant (if any).
During the conference, the Services may assist the action agency in determining effects and may advise the action agency on ways to avoid or minimize adverse effects to proposed species (or candidate species if present, and voluntarily considered by the action agency and/or the applicant), or proposed critical habitat (Figure 6- 1). Although not required by the Act, the Services encourage the formation of partnerships to conserve candidate species since these species by definition may warrant future protection under the Act." Excerpt from the Services ESA section 7 Handbook (USFWS and NMFS, 1998) on conference.
Page 4 manner that causes an effect to the listed species or critical habitat in a manner or to an extent not previously considered, or (4) if a new species is listed or critical habitat designated that may be affected by the action.
If you have any questions regarding this project, please contact Laura Wright, Fish and Wildlife Biologist, at laura_wright@fws.gov or (352) 448-9151.
Literature Cited
USFWS and NMFS. 1998. Endangered Species Act Consultation Handbook. Procedures for Conducting Section 7 Consultations and Conferences. U.S. Department of the Interior, Fish and Wildlife Service and U.S. Department of Commerce, National Marine Fisheries Service.