ML24219A232
| ML24219A232 | |
| Person / Time | |
|---|---|
| Site: | 07000925 |
| Issue date: | 06/28/2024 |
| From: | Fenner D US Dept of Interior, Fish & Wildlife Service |
| To: | Arlene B, Dehmer M, Christine Pineda NRC/NMSS/DREFS/EPMB2, NRC/NMSS/DREFS/ETRB1 |
| References | |
| Download: ML24219A232 (1) | |
Text
From:
Fenner, Daniel To:
Christine Pineda (She/Her); EndangeredSpecies Resource; Briana Arlene; Mitchell Dehmer
Subject:
[External_Sender] Re: [EXTERNAL] checking in RE: Request for Concurrence with ESA Determinations for Cimarron Site Decommissioning Plan (Consultation Code: 2023-0113658)
Date:
Friday, June 28, 2024 12:14:26 PM Thank you for providing more information on the proposed project. After reviewing your information and effects determination, we concur with your determinations and have no further comments. Should project plans change or new species species added to the list, we recommend re-initiating consultation with our office. Otherwise, section 7 consultation is considered complete for this project.
Please let me know if you have any questions. I'll be out for the next two weeks, but will be available after that if there's anything we need to discuss.
Sincerely, Daniel Fenner From: Christine Pineda (She/Her) <Christine.Pineda@nrc.gov>
Sent: Friday, June 21, 2024 1:15 PM To: Fenner, Daniel <daniel_fenner@fws.gov>
Subject:
[EXTERNAL] checking in RE: Request for Concurrence with ESA Determinations for Cimarron Site Decommissioning Plan (Consultation Code: 2023-0113658)
This email has been received from outside of DOI -Use caution before clicking on links, opening attachments, or responding.
Hi Daniel,
I hadnt heard anything from the FWS folks about our email below, so I wanted to check in with you. Do you expect that the FWS will be able to provide comments and/or concurrence by early July, or will you need more time?
Thank you, Christine
From: Christine Pineda (She/Her)
Sent: Tuesday, May 7, 2024 3:43 PM To: OKProjectReview@fws.gov; Fenner, Daniel <daniel_fenner@fws.gov>
Cc: Michelle Rome (She/Her) <Michelle.Rome@nrc.gov>; Mitchell Dehmer <Mitchell.Dehmer@nrc.gov>; Briana Arlene <briana.arlene@nrc.gov>
Subject:
Request for Concurrence with ESA Determinations for Cimarron Site Decommissioning Plan (Consultation Code: 2023-0113658)
Dear Oklahoma Ecological Services Field Office:
The purpose of this email is to notify you of the U.S. Nuclear Regulatory Commission (NRC) staffs determination that approval of the Cimarron Environmental Response Site Decommissioning Plan (Cimarron DP) for groundwater remediation in Logan County, Oklahoma, is not likely to adversely affect (NLAA) the tricolored bat, piping plover, rufa red knot, whooping crane, and monarch butterfly; has no effect (NE) on the Arkansas River shiner and peppered chub; and is not likely to destroy or adversely modify (NLDAM) the Arkansas River shiner critical habitat or the peppered chub critical habitat. This email describes the proposed action and summarizes the NRC staffs environmental review. This email also requests the U.S. Fish and Wildlife Services (FWS) concurrence with the NRC staffs determinations pursuant to Section 7 of the Endangered Species Act of 1973, as amended (ESA).
Proposed Action
The NRC received a request (ML22286A041) from Environmental Properties Management, LLC (EPM), the trustee for the Cimarron Environmental Response Trust (CERT or licensee), to amend License SNM-928 (ML110270373) to approve a decommissioning plan for groundwater remediation on the site of the former Cimarron Fuel Fabrication Facility. If the NRC approves the decommissioning plan and issues the license amendment, EPM would be authorized to complete decommissioning of the site by installing groundwater treatment that would reduce the concentrations of uranium to levels below NRC regulatory limits. Groundwater remediation would 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 DP describes the decommissioning activities that have been completed thus far over the last several decades, characterizes the site groundwater conditions, and specifies actions that EPM would take to remediate the remaining radioactivity in groundwater to a level that complies with the NRCs criteria for license termination in 10 CFR Part 20. The Cimarron DP also describes how the licensee would confirm the extent and success of remediation through radiological surveys, provide financial assurance to complete decommissioning, and ensure that the environmental impacts of decommissioning activities are appropriately evaluated and addressed.
Environmental Assessment
In support of its review of the proposed action, the NRC staff is preparing an environmental assessment (EA) to comply with the National Environmental Policy Act of 1969, as amended (NEPA),
and the NRCs environmental regulations in 10 CFR Part 51 that implement NEPA. The EA will address the environmental impacts of the proposed action and relevant alternatives to the proposed action. Once completed, the NRC will make the EA publicly available online and will announce its availability in the Federal Register. The NRC anticipates issuing the EA in December 2024.
Description of Action Area
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. Gravel roads, a gravel parking area, and one office building remain on the site.
The action area is the 500-acre Cimarron site (described below) and a portion of the Cimarron River.
The figure below shows the proposed layout of the groundwater remediation infrastructure on the site.
As described further below, the licensee would discharge treated groundwater to the Cimarron River.
The NRC staff assumes that all of the discharged water would ultimately reach the river. Therefore, the region of the river within the action area includes (1) the entire width of the river along the area that borders the site, and (2) the region of the river that could be influenced by the point source discharge, spanning 100 meters downstream of the discharge point. The details of proposed discharges to the river are provided in the Aquatic Resources Impacts section of this email.
The site is located within the Prairie Tableland Level IV Ecoregion, and the site supports three habitat types: riparian, floodplain, and upland. The riparian area is located along the south bank of the Cimarron River at the north property boundary. The area includes a mature stand of phreatophyte (deep-rooted) tree species, including cottonwood and salt cedar, with an understory of wildrye, Western wheat, and sea oat grasses. The existing Cimarron River floodplain is bounded by the south side of the river and the bluffs. This area has a general mixture of native grasses, as well as tree and shrub species, including Johnson grass, wildrye, bermudagrass, soap berry, eastern cottonwood, eastern red cedar, and black willow. The upland area has a well-established stand of primarily native tallgrass prairie species, including big bluestem, Indiangrass, switchgrass, little bluestem, and sideoats grama, along with a diverse group of forbs and wildflowers. This area has been historically mowed for hay or used for cattle grazing. EPM conducted a qualitative assessment of the sites wooded areas and documented the presence of Siberian elm, eastern red cedar, Kentucky coffeetree, black willow, fragrant sumac, bur oak, and green ash (ML23319A252). Wetland areas are also present on the site, most notably surrounding two manmade ponds and along the northern border of the site adjacent to the Cimarron River.
The site is also located within the Central Flyway, and the Cimarron River can provide breeding, stopover, and wintering habitat for many migratory bird species. Woodland, grassland, and wetland areas within the site may provide foraging and nesting habitat for migratory birds; however, the site does not include any habitat that is unique relative to the surrounding area that would specifically attract migratory birds.
Within the Cimarron site, two manmade ponds contain water year-round. The ponds are fed by ephemeral streams and stormwater inundation; thus, pond water level is typically lower in the summer (ML22284A150). The ponds are considered palustrine unconsolidated bottom wetlands. Palustrine emergent wetlands and riparian habitat surround the ponds. The riparian areas include dogwood species, eastern cottonwood, and eastern red cedar. Herbaceous wetland vegetation includes pinkweed and spike-rush, among others (ML23319A252).
Cimarron River
The Cimarron River has been designated as an aquatic resource of concern by the Oklahoma Department of Environmental Quality (ML22285A139, ML22307A296). Near the site, the river is relatively shallow and sandy and dominated by runs and riffles. It contains relatively little pool habitat or aquatic vegetation. The riparian corridor contains salt cedars and eastern cottonwood. The
Cimarron River is mineral-rich because it travels through natural mineral deposits, salt plains, and saline springs.
In its 2018 Species Status Assessment Report for the Arkansas River shiner and peppered chub, the FWS (2022) assessed the Cimarron River from the Oklahoma/Kansas border downstream to Keystone Reservoir for its ability to support future recovery of these two species. In this region, the Cimarron River contains over 330 river miles of non-fragmented river with an average stream width of 71.2 acres/mile. This region of the river has narrowed much less than the upper section of the river in Kansas (23 percent versus 94 percent). With respect to the suitability of this stretch of the river for the Arkansas River shiner and peppered chub, the FWS (2022) rated the Cimarron River Good-Fair. The FWS scored fragmentation as good, low flow conditions as good, and hydroperiod and flood frequency as fair.
Terrestrial Resource Impacts
The proposed action would involve construction of a new outfall to the Cimarron River, installation and operation of a groundwater pumping and treatment system (piping, trenches, and two buildings for treating the groundwater), and subsequent effluent discharges to the river. To construct and operate the groundwater treatment system, approximately 38.3 acres of forested area would be cleared or potentially disturbed, with the majority of the clearing likely occurring in Spring 2025 (ML24089A260).
These activities would consist of clearing and removing native grasses and topsoil, trees, and shrubs as needed to install infrastructure and support features (e.g., to control runoff) and to improve roads.
EPM would remove trees and shrubs using standard earthmoving machinery and estimates that no more than 2,000 mature trees would be removed. Two mature bur oak trees (30-40 inch diameter) would need to be removed, and three potential bat roost trees may need to be removed (ML23319A252). If PRTs need to be cleared and that cannot be accomplished prior to March 31, 2025, then the licensee will conduct an emergent survey to identify and mitigate potential impacts on bats.
Noise from construction and earthmoving would last less than one year (and similar but reduced for the decommissioning phase). During the 12-13 year operations phase, noise would be minimal and primarily limited to occasional vehicles and pump skid systems, similar to the present noise levels at the site.
The new outfall would be constructed approximately 240 feet from the river, and a dispersion ditch would carry discharges to the river. Outfall and dispersion ditch construction would disturb less than 0.1 acre of riparian habitat, and construction activities would be confined to areas along the banks above the ordinary high-water mark. The licensee anticipates disturbing less than 0.5 acres of riparian vegetation in total (ML24089A260). The proposed groundwater remediation project would not require disturbance to wetlands. EPM confirmed with the Tulsa District of the U.S. Army Corps of Engineers that the proposed design of the treatment system, with one outfall to the Cimarron River, would be covered by Nationwide Permit 7 for outfall structures and associated intake structures (ML23319A252).
EPM would apply for a stormwater permit that requires an updated SWPPP, similar to the plan developed previously for a 2017 pilot project (see ML22285A139, ML22307A296). EPM would implement BMPs as outlined in the stormwater pollution prevention plan (likely to consist primarily of silt fence and erosion control blankets) throughout earthmoving activities, while trenches and other features are in place that could result in sediment runoff, and until vegetation is established where needed. For example, the SWPPP would require vegetative buffers for land-disturbing activities within an ARC corridor: a buffer of at least 100 feet would be required along perennial and intermittent streams and a 50-foot buffer would be required along ephemeral streams and drainages. Other BMPs would address dust control, dewatering when necessary, and the management and storage materials and wastes.
EPM would sod, seed, or mulch disturbed areas within the site where construction has terminated, applying seed in accordance with Oklahoma Department of Transportation Commission specifications.
Any fertilizer needed would be applied at the appropriate time of the year and timed to coincide as closely as possible with the period of maximum vegetation uptake and growth. Fertilizer would not be
applied before heavy rains, in stormwater conveyance channels, or on frozen ground. All local, State, and Federal requirements regarding fertilizer application would be followed (ML22285A139).
Herbicides would only be used around manmade surfaces (e.g., to prevent the growth of weeds in concrete cracks). Large areas of the site that have been mown for hay for several decades would continue to be mowed and thus would not provide habitat for the monarch butterfly.
As described in detail in the attached table, the NRC staff has determined that the potential impacts on the tricolored bat, piping plover, rufa red knot, whooping crane, and monarch butterfly would likely be insignificant or discountable.
Aquatic Resource Impacts
The proposed groundwater remediation project would discharge treated groundwater either by injection to the ground or as a discharge to the Cimarron River. EPM states that the discharge scenario evaluated was designed to minimize potential effects on the natural environment, including the USFWS Action Area. Treated water would be discharged 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. EPM does not anticipate making any changes to instream flow, banks, or other habitat features directly associated with the Cimarron River. The area of riparian vegetation that would be permanently impacted is less than 0.5 acre.
The proposed action would increase the rate of flow in the river by approximately 1.2 percent, based on a low-flow rate in the river of 19,000 gpm and a maximum discharge rate of 225 gpm. The discharge water would be adjusted for pH to fall within 6.8 to 7.0 and would meet NRC standards in 10 CFR Part 20, as well as Oklahoma discharge standards to be stipulated in EPMs OPDES permit (ML22284A150). The discharge limit for uranium and fluoride would be 30 mcg/L and 10 mg/L, respectively. The State limit for Tc-99 in drinking water is 900 pCi/L, but the discharge would likely contain less than one quarter of that amount and the State may determine a limit is not needed in the permit. A limit for nitrate would not likely be established in the permit, but reporting may be required.
As described further in the attached table, the Cimarron River is designated critical habitat for two species of fish, the peppered chub and the Arkansas River shiner. When discharging treated groundwater to the Cimarron River, the licensee will abide by relevant Federal and State regulations, including conditions set forth in the Oklahoma Pollutant Discharge Elimination System permit, when discharging to the Cimarron River. Effluents would not affect conductivity, dissolved oxygen, and would not be heated. The licensee would adjust the pH of effluent to 6.8-7.0 before it is discharged (ML24089A260). The discharges could cause localized increases in turbidity, but this could represent a beneficial impact to the critical habitat because both species of fish prefer turbid and moving water (FWS 2022).
As explained further in the attached table, the staff has determined that the potential impacts on the peppered chub and Arkansas River shiner, as well as their designated critical habitat, would be insignificant or discountable.
ESA Determinations
As part of its environmental review, the NRC staff evaluated the impacts of the proposed action on federally listed species and designated critical habitats that may occur in the action area. The attached table contains the NRC staffs ESA determinations and rationale for of its determinations.
Request for Concurrence
The NRC staff requests your written concurrence with its NLAA determinations for piping plover, rufa red knot, and whooping crane and its NLDAM determinations for designated critical habitats of the Arkansas River shiner and peppered chub in accordance with 50 CFR 402.13(c). The NRC staff has also concluded that the proposed action is NLAA the tricolored bat and monarch butterfly. While the ESA does not require the NRC to consult with or receive concurrence from the FWS regarding these species, the NRC staff welcomes any comments you may have on these species or the NRCs impact assessment. Likewise, the NRC staff welcomes your comments on its determination that the proposed
ML24122A742 CONCURRENCE OFFICE CB:ETRB1:REFS CB:EPMB2:REFS SME:ETRB1:REFS BC:ETRB1:REFS OGC (NLO)
NAME MDehmer CPineda BArlene MRome ACoggins DATE 4/18/2024 4/17/2024 4/24/24 5/1/24 5/7/2024