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Terrapower CP Env Docs - Avian Pre-Construction Nest Clearance Survey and Monitoring Plan, Test and Fill Facility, Tetra Tech, May 2024
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AVIAN PRECONSTRUCTION NEST SURVEY_MAY 2024 (1).pdf William K. Burris, P.G.

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SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 AVIAN PRE-CONSTRUCTION NEST CLEARANCE SURVEY AND MONITORING PLAN TEST AND FILL FACILITY Lincoln County, Wyoming May 2024 Prepared for Bechtel Power Prepared by Confidential Business Information. Do Not Distribute.

Avian Pre-Construction Nest Clearance Survey and Monitoring Plan Test and Fill Facility ii SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 TABLE OF CONTENTS

1.

INTRODUCTION............................................................................................................ 1

2.

BACKGROUND.............................................................................................................. 1

3.

SONGBIRDS (AND OTHER NON-RAPTORS)....................................................................... 4 3.1 Methods.................................................................................................................................... 4 3.1.1 Qualifications of Surveyors......................................................................................... 4 3.1.2 Survey Period.............................................................................................................. 4 3.1.3 Survey Area.................................................................................................................. 4 3.1.5 Survey Protocol........................................................................................................... 7 3.1.6 Monitoring of Active Nests.......................................................................................... 8 3.1.7 Application of buffers.................................................................................................. 8

4.

RAPTORS..................................................................................................................... 8 4.1 Methods.................................................................................................................................... 8 4.1.1 Qualifications of Surveyors......................................................................................... 8 4.1.2 Survey Period.............................................................................................................. 9 4.1.3 Survey Area.................................................................................................................. 9 4.1.4 Survey Protocol........................................................................................................... 9 4.1.5 Monitoring of Active Nests.......................................................................................... 9 4.1.6 Application of buffers.................................................................................................10

5.

BURROWING OWLS..................................................................................................... 10 5.1 Methods...................................................................................................................................10 5.1.1 Qualifications of Surveyors........................................................................................10 5.1.2 Survey Period.............................................................................................................10 5.1.3 Survey Area.................................................................................................................10 5.1.4 Survey Protocol..........................................................................................................10 5.1.5 Monitoring of Active Burrows....................................................................................11 5.1.6 Application of Buffers................................................................................................11

6.

REPORTING................................................................................................................ 11

7.

INCIDENTAL OBSERVATIONS........................................................................................ 13

8.

REFERENCES.............................................................................................................. 13 TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

Avian Pre-Construction Nest Clearance Survey and Monitoring Plan Test and Fill Facility iii SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 LIST OF FIGURES Figure 1. TFF 2024 Disturbance Area.......................................................................................................................................... 3 Figure 2. Spring 2024 Survey Buffers.......................................................................................................................................... 5 Figure 3. Fall 2024 Survey Buffers............................................................................................................................................... 6 LIST OF ATTACHMENTS ATTACHMENT 1 - WYOMING GAME AND FISH DEPARTMENT LETTER, APRIL 27, 2023 ATTACHMENT 2 - US FISH AND WILDLIFE SERVICE LETTER, MAY 1, 2023 ATTACHMENT 3 - USFWS BUFFER RECOMMENDATIONS TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

Avian Pre-Construction Nest Clearance Survey and Monitoring Plan Test and Fill Facility iv SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 ACRONYMS EA Environmental Assessment MBTA Migratory Bird Treaty Act ROW Right-of-way TFF Test and Fill Facility TVES Terrestrial Visual Encounter Surveys USFWS U.S. Fish and Wildlife Service WGFD Wyoming Game and Fish Department TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

Avian Pre-Construction Nest Clearance Survey and Monitoring Plan Test and Fill Facility 1

SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054

1.

INTRODUCTION The Natrium' Demonstration Project includes the Sodium Test and Fill Facility (TFF) and the Natrium1 reactor (Kemmerer Unit 1). To further the design of the Natrium reactor and associated technologies, TerraPower, LLC (TerraPower) has deemed it prudent to test prototypes of Natrium equipment to identify possible design improvements ahead of equipment implementation in a Natrium reactor. TerraPower will be building the TFF, a non-nuclear facility that will receive, sample, process, store, and deliver liquid sodium to areas where component tests are performed as well as the planned Kemmerer Unit 1. The TFF is located in Lincoln County, Wyoming, south of Kemmerer, and southeast of the Naughton Power Plant.

The Department of Energy (DOE) selected TerraPower to demonstrate the Natrium' advanced reactor and energy system in October 2020 as part of the DOEs Advanced Reactor Demonstration Program. DOE is the lead agency for the construction and operation of the TFF, and has published a draft Environmental Assessment (EA) that considers potential environmental impacts of the facility.

TerraPowers consultants have completed baseline ecological studies in support of the Natrium Demonstration Project. TerraPower sent letters to the Wyoming Game and Fish Department (WGFD) and the U.S. Fish and Wildlife Service (USFWS) Wyoming Ecological Services Field Office in March 2023 seeking information on species and habitats of agency concern in the Natrium Demonstration Project area. Both agencies recommended pre-construction (clearance) surveys for nesting migratory birds, with raptors appearing to be a particular concern.

2.

BACKGROUND Biologists documented more than 60 avian species in the TFF (Project) vicinity during the 2022 and 2023 Terrestrial Visual Encounter Surveys (TVES; Tetra Tech 2023a, 2023b). Most of these species are migratory, and therefore, protected under the Migratory Bird Treaty Act (MBTA). The MBTA was enacted to protect native migratory birds, and makes it illegal to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof (16 USC 703).

More than 1,000 species have been protected under the MBTA (88 FR 49310). Certain nuisance and non-native species (e.g., house sparrows and European starlings) are not protected by the MBTA.

Avian Pre-Construction Nest Clearance Survey and Monitoring Plan Test and Fill Facility 2

SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Based on an agency recommendation, biologists surveyed the Project area and a 2-mile buffer zone for nesting raptors in 2023. During the 2023 raptor nest survey, two golden eagle nests were observed approximately 1.1 miles southeast of the TFF. One nest was in good condition, but no activity was observed.

The other nest was in very poor condition and likely had not been used in several years. A red-tailed hawk nest was observed on a power pole approximately 320 feet west of the northwest corner of the TFF during the TVES survey in 2022 and again during the raptor nest survey in 2023 (this nest was inactive in April of 2024, and removed by Rocky Mountain Power). Another red-tailed hawk nest was observed on a power pole 1.5 miles north of the Project, near the point at which the railroad crosses US 189, in both 2022 and 2023. Both nests were confirmed active when revisited in 2023. Two additional active red-tailed hawk nests were observed in 2023; one was located 2.1 miles north of the Project, adjacent to the railroad tracks, and another was located north of the entrance road to Naughton Power Plant.

White-tailed prairie dog colonies were observed within the Project area and the vicinity, and ranged in size from several burrows to approximately two hundred burrows. A pair of burrowing owls were observed in 2023 nesting in one of the white-tailed prairie dog colonies within the TVES survey area, approximately 3 miles northwest of the TFF.

As recommended by the WGFD in its April 27, 2023 letter (Attachment 1) and the USFWS in its May 1, 2023 letter (Attachment 2), Tetra Tech and its consultants will conduct clearance surveys and monitoring for nesting birds prior to and during construction of the TFF. The Project is comprised of the TFF (17.48 acres), a construction laydown area (13.83 acres), a spoils pile (1.70 acres), and a utility area (3.30 acres) to the west that would be used to bring temporary power from the existing electric distribution line adjacent to the US 189 right of way (ROW) to the TFF, as shown in Figure 1. There will be additional disturbed areas associated with an access road and stormwater conveyance (19.97 acres). The Project area (total affected acreage) is therefore 56.28 acres.

This document describes the protocols that Project biologists will use to survey and monitor bird nests, including burrows, prior to and during construction.

Avian Pre-Construction Nest Clearance Survey and Monitoring Plan Test and Fill Facility 3

SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Figure 1. TFF Disturbance Areas TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

Avian Pre-Construction Nest Clearance Survey and Monitoring Plan Test and Fill Facility 4

SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054

3.

SONGBIRDS (AND OTHER NON-RAPTORS) 3.1 METHODS 3.1.1 Qualifications of Surveyors Surveys and nest monitoring will be carried out by experienced biologists with relevant academic backgrounds and ample experience conducting avian nest surveys in the Intermountain West. To prepare for the nest clearance surveys, surveyors will familiarize themselves with the target list of bird species with the potential to occur in the survey area. The list will be based on a literature review (including the Wyoming Natural Diversity Database) and previous biological surveys that have been performed in the survey area.

3.1.2 Survey Period Surveys will be conducted prior to construction, during construction, or both, during the sensitive period for migratory bird species prescribed by WGFD (Attachment 1), which is April 10 to July 15. The survey period may need to be extended depending on field observations. The survey period may also be shortened if vegetation clearing and ground disturbing work is completed prior to July 15.

3.1.3 Survey Area Biologists will search the construction zone (plus an additional 300-foot buffer recommended by WGFD) for bird nests prior to any ground or vegetation disturbing activities (Figures 2 and 3), as site conditions safely permit. Snow or severe weather could delay or preclude surveys. The survey area will be limited to the Project area and parcels within the buffer zone where surveyor access is granted.

Avian Pre-Construction Nest Clearance Survey and Monitoring Plan Test and Fill Facility 5

SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Figure 2. Spring 2024 Survey Buffers TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

Avian Pre-Construction Nest Clearance Survey and Monitoring Plan Test and Fill Facility 6

SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Figure 3. Fall 2024 Survey Buffers TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

Avian Pre-Construction Nest Clearance Survey and Monitoring Plan Test and Fill Facility 7

SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 3.1.4 Survey Protocol Prior to the start of construction, biologists will walk meandering transects spaced approximately 100 feet apart (or less as needed) to provide 100 percent visual coverage of the survey area (comprised of the Project area and buffer zone), scanning for nests and nesting activity on either side of the transect.

Nest surveys will be conducted in the 72-hour period prior to vegetation clearing, reducing the likelihood that nests will be built in the period between survey and construction. Subsequent surveys will be conducted every 72 hours8.333333e-4 days 0.02 hours 1.190476e-4 weeks 2.7396e-5 months (as practicable) as vegetation clearing proceeds, targeting uncleared areas.

The number of subsequent nest surveys will be determined by the speed at which vegetation clearing proceeds. If the entire construction zone is cleared in the three days after the initial pre-construction survey, no more surveys would be conducted. If 75 percent of the construction zone is cleared of vegetation during the first three days of construction, only the remaining 25 percent would be searched for nests in the second survey. Biologists will work closely with the Bechtel TFF Construction Manager to ensure that no unsurveyed areas are cleared and grubbed and that time is not wasted surveying areas so far ahead of construction that they have to be resurveyed.

If a nest is found, biologists will notify the Bechtel TFF Construction Manager (or designee) and Tetra Tech Project Manager. Biologists will then photograph the nest and record the species observed, the apparent stage of nesting activity, number of eggs or nestlings, and nest location. The general nest location will be marked inconspicuously, so that it can be revisited to check its activity status. Biologists will then flag off a 300-foot-wide avoidance buffer conspicuously (flagging, pins, plastic fencing) to prevent any vegetation clearing or nest disturbance in the area until the young have fledged the nest and the nest is no longer considered active.

Once an area has been cleared by biologists, the Bechtel TFF Construction Manager (or designee) will be notified that ground disturbance or vegetation clearing in that area can proceed.

Before resuming work in an area that has been left undisturbed for 72 hours8.333333e-4 days 0.02 hours 1.190476e-4 weeks 2.7396e-5 months or more, a targeted survey will be performed in the area to determine if any nests were established after the initial survey. A 300-foot disturbance exclusion buffer will be established around any songbird/non-raptor nest found within the re-surveyed area, consistent with protocols described above. Songbirds in this context would include groups typically classified as songbirds (e.g., wrens, bluebirds, thrushes, sparrows, warblers, vireos). Non-raptors include woodpeckers, doves and pigeons (e.g., mourning doves), quails and grouse (e.g., sage grouse), corvids (crows, ravens, magpies), and groups associated with water that are less likely to nest in the Project vicinity (e.g., wading birds, shorebirds, waterfowl). Species associated with any of these non-songbird/non-raptor groups would also require a 300-foot buffer.

Avian Pre-Construction Nest Clearance Survey and Monitoring Plan Test and Fill Facility 8

SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 3.1.5 Monitoring of Active Nests The biologists will monitor all active or potentially active nests not less than every 5 days until July 15, or until nestlings have fledged or the nest has become inactive. A log will be kept to track monitoring activities and status of all nests. ArcGIS Online or a similar GIS program will be used to locate and track the nests. To facilitate construction progress and aid in scheduling, an estimated fledging date will be recorded for each nest.

Nests identified within the Project area will be monitored for activity status. Monitoring of previously identified nests will be conducted concurrently with pre-construction clearance surveys of new (unsurveyed) areas to the extent possible. Monitoring of active nests will continue until the biologist has determined that any nestlings have fledged or the nest has become inactive. The inactive status will only be determined if the nest is observed for at least one hour per observation over the course of two consecutive visits separated by at least one day. The Project will seek approval from USFWS if work needs to occur within an avoidance buffer before the end of the sensitive period, if an active nest is likely to be impacted.

Nest Status: To assess nest status, the following criteria will be used:

Active: Defined by the presence of one or more eggs, dependent young, or adults on the nest in the past 10 days during the breeding season, including the period when adults are displaying courtship behaviors and are building or adding to the nest in preparation for egg-laying.

Potentially Active: There is not observable activity during the visit, but active status cannot be confirmed.

Inactive: Defined by the absence of any adult, egg, or dependent young at the nest, or in the nest vicinity, over two visits separated by at least one day.

3.1.6 Application of Buffers All active and potentially active nests identified in the Project area will have avoidance buffers placed around them. Songbird nests will have 300-foot avoidance buffers, consistent with WGFD recommendations. Once it is determined that a nest is no longer active, the biologist will remove any flagging demarcating the nest (and buffer zone) and inform the Bechtel TFF Construction Manager that construction activities may resume within the previously restricted area.

4.

RAPTORS 4.1 METHODS 4.1.1 Qualifications of Surveyors Surveys and nest monitoring will be conducted by experienced biologists with a relevant academic background and ample experience doing raptor nest surveys.

Avian Pre-Construction Nest Clearance Survey and Monitoring Plan Test and Fill Facility 9

SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 4.1.2 Survey Period The first survey will occur in the 72-hour-period prior to construction. Surveys will be repeated every 72 hours8.333333e-4 days 0.02 hours 1.190476e-4 weeks 2.7396e-5 months (as practicable) during the raptor breeding season, as defined by the species-specific seasonal buffer recommendations of the Wyoming Field Office of the USFWS (Attachment 3). Surveys will cease when vegetation clearing and ground disturbing work has been completed, or on August 31, if construction extends into early fall.

4.1.3 Survey Area Biologists will search the construction zone (plus an additional one-mile-buffer recommended by WGFD) for raptor nests prior to any ground or vegetation disturbing activities (Figures 2 and 3).

4.1.4 Survey Protocol Biologists will systematically search raptor nest habitat within the construction zone plus a one-mile buffer zone. Special attention will be given to possible nesting habitat such as utility poles, cliffs, rock outcrops, and prairie dog colonies. Active nests that are discovered will be documented and subsequently monitored. A log will be kept to track monitoring activities and nest status on all nests. ArcGIS Online or a similar GIS program will be used to locate and track the nests. Additional reporting described below will occur for potentially active or active nests.

4.1.5 Monitoring of Active Nests Monitoring of active nests will continue until the biologist has determined that any young birds in the nest have fledged or the nest has become inactive. The inactive status will only be determined if the nest is observed for at least one hour each time over the course of two consecutive visits separated by at least one day. If a biologist discovers a nest that could belong to an eagle, the observation period will be extended to four hours, consistent with USFWS protocol.

Nest Status: To assess nest status, the following criteria will be used:

Active: Defined by the presence of one or more eggs, dependent young, or adults on the nest in the past 10 days during the breeding season, including the period when adults are displaying courtship behaviors and are building or adding to the nest in preparation for egg-laying.

Potentially Active: There is not observable activity during the visit, but active status cannot be confirmed.

Inactive: Defined by the absence of any adult, egg, or dependent young at the nest over two visits separated by at least one day.

Avian Pre-Construction Nest Clearance Survey and Monitoring Plan Test and Fill Facility 10 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 4.1.6 Application of Buffers Avoidance buffers will be established around active and potentially active nests during species-specific sensitive periods as recommended by WGFD and USFWS. Avoidance buffer width will be based on USFWS recommendations (Attachment 3).

The buffer may be reduced, with USFWS approval, if there is an adequate physical barrier between the nest site and the construction disturbance such that impacts to nesting birds appear to be unlikely. Buffer zones may be lifted on active nests prior to the end of the occupying species sensitive period with approval from USFWS and documentation that the young have fledged.

5.

BURROWING OWLS 5.1 METHODS 5.1.1 Qualifications of Surveyors Surveys and nest monitoring will be carried out by experienced biologists with a relevant academic background and ample experience conducting burrowing owl surveys.

5.1.2 Survey Period The first survey for burrowing owl nests will occur during the 72-hour period prior to the construction start date. Surveys will be repeated every 72 hours8.333333e-4 days 0.02 hours 1.190476e-4 weeks 2.7396e-5 months during the breeding season, as defined by the species-specific seasonal buffer recommendations of the Wyoming Field Office of the USFWS (Attachment 3). Surveys will cease when vegetation clearing and ground disturbing work has been completed, or on September 15, if construction extends into the fall.

5.1.3 Survey Area The survey area will consist of the Project area plus the 0.25-mile buffer recommended by WGFD and USFWS for burrowing owl nests (Figures 2 and 3).

5.1.4 Survey Protocol Prior to the start of construction, surveyors will conduct a pedestrian survey to search for burrows and sign of burrowing owls. During the initial survey, biologists will walk meandering transects spaced 100 feet apart (or less, as needed) to provide 100 percent visual coverage of the Project area and 0.25-mile buffer. Surveyors will look for evidence of owls: individual birds, and signs of occupancy at burrow entrances to include pellets, feces, feathers, shiny objects, prey remains, and whitewash. The GPS locations of occupied or potentially occupied burrows will be recorded. Additionally, biologists will scan the Project area with binoculars or spotting scopes in mornings and afternoons. The number and location of any owls observed will be recorded.

Avian Pre-Construction Nest Clearance Survey and Monitoring Plan Test and Fill Facility 11 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 5.1.5 Monitoring of Active Burrows Burrows with evidence of nesting burrowing owls will be considered potentially active until determined to be inactive through monitoring. An inactive status will only be determined if the burrow is observed for at least one hour each time over the course of three consecutive visits separated by at least one day. Monitoring of active or potentially active burrows will continue until the biologist has determined that any young birds present in the burrow have fledged or the burrow has become inactive. The Project will seek USFWS approval if work needs to occur within an avoidance buffer before the end of the sensitive period, or before an active nest is determined to be inactive.

Burrow Status: To assess burrow status, the following criteria will be used:

Active: Owls are observed or there are molted feathers, pellets, prey remains or excrement near the burrow entrance.

Potentially Active: There is no observable activity during the initial visit, or owls are observed in the vicinity but active status cannot be confirmed.

Inactive: Defined by the absence of any owls and signs of owl use.

5.1.6 Application of Buffers A 0.25-mile avoidance buffer will be established around active or potentially active nests (burrows). Areas with high concentrations of burrowing activity will be considered for additional construction coordination. The buffer may be reduced, with USFWS approval, if there is an adequate physical barrier between the nest site and the construction impacts such that impacts to nesting birds appear to be unlikely. Buffer zones will be lifted on active nests prior to the end of the sensitive period with concurrence from USFWS and documentation that the young have fledged.

6.

REPORTING Biologists will report daily to the Bechtel TFF Construction Manager and Tetra Tech Project Manager during field surveys on their activities and discoveries and send an email documenting their findings. Point locations and associated buffers of any migratory bird nests found will be included. USFWS will be notified within 48 hours5.555556e-4 days 0.0133 hours 7.936508e-5 weeks 1.8264e-5 months of (1) any occupied migratory bird nest that is likely to be impacted by project activities; (2) any eagle nest that is discovered, whether occupied or unoccupied; or (3) any yellow-billed cuckoo nest that is discovered. WGFD would also be notified within one week of any of these discoveries, as a courtesy.

USFWS recommends stopping any activities that are likely to impact an active nest and contacting the Cheyenne Field Office for guidance before proceeding.

Avian Pre-Construction Nest Clearance Survey and Monitoring Plan Test and Fill Facility 12 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Points of contact for these resource agencies are:

Ross Crandall Wyoming Game and Fish Dept.

(307) 367-5615 Ross.crandall@wyo.gov Kevin Salgado U.S. Fish and Wildlife Service (307) 757-3717 Kevin_salgado@fws.gov Project biologists will document their findings to compile for final reporting purposes. In addition to the monitoring log kept for all nest and burrow sites, data gathered for potentially active and inactive nests will include:

Nest/Burrow Identification Number: A unique ID will be created for each nest or burrow corresponding to the mapped GPS location.

Species: Using four-letter American Ornithologists Union codes (e.g., BUOW = burrowing owl).

Adult Present: Proximity of the adult to the nest (e.g., on nest, nearby, or unknown).

Eggs or Young: Number of eggs or young observed and proximity of young to the nest.

Nest Substrate: Structure in which nest was located (e.g., shrub, ground, etc.).

Burrow description: description of surroundings, evidence of occupancy at burrow entrance (e.g.,

feathers, pellets, prey remains or excrement).

To assess nest condition the following criteria will be used:

No Longer Present: For previously documented nests and burrows that are no longer present.

Unknown: The nest or burrow cannot be found, was not surveyed, or the nest or burrow is present, but because of its location a determination cannot be made.

Excellent: Defined cup or nest bowl with a well-maintained rim, or structurally sound burrow; adult or young present.

Good: Nest bowl or burrow intact and nest rim or burrow entrance defined; minor repair needed for nest to be used; margins of nest in loose configuration, minor slumping occurring.

Fair: Nest bowl or burrow intact and nest not dilapidated; but needs significant repair in order to be used; material is slumping or sliding.

Poor: Loose structure of nest bowl still present; nest walls and side falling out; nest is in need of major repair to be used. Burrow showing signs of collapse or filling in.

Remnant: Nest bowl not defined; scant material remaining and not usable unless fully rebuilt.

Collapsed or filled in burrows.

Avian Pre-Construction Nest Clearance Survey and Monitoring Plan Test and Fill Facility 13 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Following the end of surveys and monitoring, the results of the survey efforts will be presented to Bechtel in a Survey Report, along with documentation of any federally listed species, species proposed for federal listing, candidates for federal listing, or Wyoming Species of Greatest Conservation Need observed during the surveys. The Survey Report will include information about how impacts on any observed nests or burrows were minimized during construction (e.g., timing of ground disturbance, avoidance buffers). This Survey Report will be shared with WGFD and USFWS.

7.

INCIDENTAL OBSERVATIONS Should a protected species (federally listed species, species proposed for federal listing, candidate for federal listing) or a Wyoming Species of Greatest Conservation Need be observed, it will be photographed (if possible), its location marked with GPS, and flagged as appropriate. This information will also be included in the Survey Report.

8.

REFERENCES Tetra Tech. 2023a. General Terrestrial Visual Encounter Surveys, Natrium Project, Lincoln County, Wyoming.

Prepared by Tetra Tech. January 2023.

Tetra Tech. 2023b. General Terrestrial Visual Encounter Surveys, Supplemental Report, Natrium Project, Lincoln County, Wyoming. Prepared by Tetra Tech. July 2023.

March 16, 2023 TP-LIC-LET-0063 Project Number 99902100 Ms. Angi Bruce Deputy Director, External Operations Wyoming Game & Fish Department Headquarters 5400 Bishop Blvd.

Cheyenne, WY 82006 Angela.bruce@wyo.gov

Subject:

Kemmerer Power Station Unit 1 Introduction

Dear Mr. Abbott:

TerraPower is preparing a Construction Permit Application to the U.S. Nuclear Regulatory Commission (NRC) for a 345 MWe sodium-cooled Natrium' Reactor Plant to be built at a site in southwestern Wyoming. The Natrium Reactor Plant is a TerraPower & GE-Hitachi technology. The proposed generating facility (Kemmerer Power Station Unit 1) would be located approximately three miles south of the city limit of Kemmerer, Wyoming, and a short distance southeast of the existing Naughton Power Plant (Figure 1). Kemmerer Power Station Unit 1 (Kemmerer Unit 1) is intended to replace the Naughton Power Plants three aging fossil-fired units, scheduled for retirement in 2025 (Units 1 and 2) and 2029 (Unit 3).

Two transmission lines and a water supply pipeline that would be approximately six miles long would connect Kemmerer Unit 1 to existing Naughton Power Plant infrastructure (switchyard and raw water pond). Final routes for the transmission lines and water pipeline have not been determined at this time. A survey corridor was defined to capture the potential range of feasible options for the routes as well as to capture an area large enough to encompass the extent of potential impacts that could occur during construction of the transmission and water lines (Figure 2). Kemmerer Unit 1 and the associated transmission lines and water supply pipeline would be located entirely on privately owned land.

The Naughton Power Plant uses a closed-cycle, recirculating cooling water system with mechanical draft cooling towers. Water for cooling tower makeup is withdrawn from a cooling water intake structure (CWIS) standing on the west bank of Hams Fork, approximately TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

seven miles north of the Naughton Power Plant. Water is pumped from the CWIS to the Naughton Power Plant via two underground pipes. Both pipes discharge into the Naughton Power Plants raw water storage pond. Water is then pumped out of the raw water storage pond to the individual generating units for cooling. The raw water storage pond holds several days supply of makeup water.

Kemmerer Unit 1 would use the existing Naughton Power Plants CWIS after the fossil units have been retired. Makeup water would be pumped from Hams Fork to the raw water storage pond as before, but when Kemmerer Unit 1 is operational, water from the raw water storage pond would be piped there for cooling tower makeup. The Naughton Power Plants CWIS was deemed Best Available Technology by the Wyoming Department of Environmental Quality when the last National Pollutant Discharge Elimination System permit was issued in 2018, due to low overall water demand.

The NRC requires that the Construction Permit Application include an Environmental Report that assesses potential impacts from plant construction and operation on a range of resources, including important species. Important species in this context include state and federally listed species, species proposed for federal listing, species that are candidates for federal listing, the two species protected under the Bald and Golden Eagle Protection Act, and commercially or recreationally valuable species.

The U.S. Fish and Wildlife Services Information for Planning and Consultation (IPaC) report for the Project area indicated that the following federally listed and candidate species could be potentially affected by activities at this location:

Bonytail (Gila elegans); endangered

Colorado pikeminnow (Ptychocheilus lucius); endangered

Humpback chub (Gila cypha); threatened

Razorback sucker (Xyrauchen texanus); endangered

Yellow-billed cuckoo (Coccyzus americanus); threatened

Monarch butterfly (Danaus plexippus); candidate species

Ute ladies-tresses (Spiranthes diluvial is); threatened.

Our desktop review of the scientific literature and information on resource agency websites

[e.g., the Wyoming Natural Diversity Database (WYNDD)] in conjunction with reconnaissance visits our biologists took in October and December 2021 suggested that only two of these species, the Monarch butterfly and Ute ladies-tresses, are likely to be present.

Given the emphasis the 2017 Wyoming State Wildlife Action Plan placed on management and conservation of species designated Species of Greatest Conservation Need (SGCN) by the TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

Wyoming Game and Fish Department (WGFD), it was determined by TerraPower these species are also important and should be considered in TerraPowers evaluation. A Wyoming Natural Diversity Database (WYNDD) query revealed that 59 SGCN could potentially occur in the vicinity of the Kemmerer Unit 1 site (within five miles).

Having completed the desktop review in the spring of 2022, field surveys were commissioned to support the environmental impact assessment. A team of biologists with extensive experience conducting wildlife surveys and habitat assessments in the Intermountain West carried out Terrestrial Visual Encounter Surveys (TVES) of the Survey Area (see Figure 2) in June 2022.

Eight Wyoming SGCN were observed within the Survey Area, including seven birds and one mammal. The SGCN recorded on site during the wildlife survey were the American white pelican (Pelecanus erythrorhynchos), ferruginous hawk (Buteo regalis), Swainsons hawk (B.

swainsoni), golden eagle (Aquila chrysaetos), sage thrasher (Oreoscoptes montanus), common yellowthroat (Geothlypis trichas), Brewer's sparrow (Spizella breweri), and white-tailed prairie dog (Cynomys leucurus). In addition to being a Wyoming SGCN, golden eagles are fully protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d).

In addition, two waterbird species on the WGFD list of SGCN, the Clarks grebe (Aechmophorus clarkii) and western grebe (A. occidentalis), were observed on one of the Naughton Power Plant ponds a short distance outside of the Survey Area and may use wetlands in, or adjacent to, the area seasonally. A single bald eagle (Haliaeetus leucocephalus; a sub-adult) was also observed offsite, perching on a transmission line.

Because the IPaC project review indicated that Ute ladies-tresses (ULT) could be present, a consulting wetland scientist/botanist surveyed wetlands within the site area in early September 2022 to determine if any contained ULT or suitable habitat for the species. No ULT were observed and no high quality ULT habitat was found. Areas judged to provide marginally suitable habitat for ULT will be re-surveyed during the July 20-August 31 blooming period in 2023 and 2024, in accordance with U.S. Fish and Wildlife Services Interim Survey Requirements for Ute Ladies-tresses Orchid (Spiranthes diluvialis).

Finally, aquatic biologists under contract to TerraPower conducted baseline fish and benthic macroinvertebrate surveys of two streams that could be affected, Hams Fork and North Fork Little Muddy Creek, in October 2022. A total of 153 fish representing six species were collected from segments of North Fork Little Muddy Creek upstream of, adjacent to, and downstream of the Kemmerer Unit 1 site. Two common species, redside shiner (Richardsonius balteatus) and speckled dace (Rhinichthys osculus), dominated North Fork Little Muddy Creek collections. A total of 1,246 fish representing eight species were collected from three TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

segments of Hams Fork, a much-larger stream: one adjacent to the Naughton Power Plant CWIS and two upstream of the CWIS. Redside shiners and white suckers (Catostomus commersonii) were the species most often collected. Most fish collected from both streams were hardy cyprinids and catostomids found across the Intermountain West. No rare, unusual, or special-status fish species were collected from either stream. These streams will be surveyed again in spring and summer 2023.

This letter is intended to provide your office with background information regarding the proposed Kemmerer Unit 1 plant and share some preliminary findings. Please respond with a letter that details any concerns regarding potential impacts to important species, including those designated SGCN by Wyoming Department of Game and Fish and recreationally important game species such as pronghorn and mule deer. TerraPower will include a copy of this letter and your response in the Environmental Report that will be submitted to the NRC as part of the Construction Permit Application.

Ms. Lisa Matis is the point of contact with our consultant, Tetra Tech, Inc., for environmental issues regarding Kemmerer Unit 1. Ms. Matis can be reached at (803) 295-2113 or lisa.matis@tetratech.com if you have any questions.

If you have questions generally regarding Kemmerer Unit 1, please contact Ryan Sprengel at rsprengel@terrapower.com or (425) 324-2888.

Sincerely, Ryan Sprengel Director of Licensing TerraPower, LLC

Enclosure:

WER 15017.00 TerraPower, LLC Kemmerer Power Station Unit 1 Natrium Reactor Plant Lincoln County Ryan Sprengel TerraPower, LLC 15800 Northup Way Bellevue, WA 98008 rsprengel@terrapower.com

Dear Mr. Sprengel,

The staff of the Wyoming Game and Fish Department (Department) has reviewed the introduction letter to the proposed Kemmerer Power Station Unit 1 for a Natrium Reactor Plant located in T20N R116W Section 19 and 20. The Department is statutorily charged with managing and protecting all Wyoming wildlife (W.S. 23-1-103). Pursuant to our mission, we offer the following comments for your consideration.

The proposed project includes the development of a 345 MWe nuclear power plant and the supporting infrastructure including transmission lines and a water supply pipeline. The footprint of the facility is approximately 340 acres and the transmission lines and water pipeline would extend for approximately 6 miles. The plant and all infrastructure is located on private lands.

To date, the proponent has conducted a desktop assessment to identify potential wildlife species and habitats of concern, and initial site visits for wildlife surveys and habitat assessments. We look forward to receiving a more detailed report of the survey methods used and to working with you to minimize impacts to wildlife and their habitats. Terrestrial wildlife surveys were conducted in June and aquatic surveys were conducted in October. Nine avian Species of Greatest Conservation Need (SGCN) were observed including: American white pelican, ferruginous hawk, Swainsons hawk, golden eagle, sage thrasher, common yellowthroat, Brewers sparrow, Clarks grebe, and western grebe. White-tailed prairie dogs were the only SGCN mammal observed. No SGCN aquatic species were reported.

The area proposed for development is within antelope crucial winter/yearlong range and is within the distribution of 68 SGCN, including 11 priority species (Attachment A). There are documented raptor nests within one mile of the proposed project including golden eagle, prairie falcon, and April 27, 2023 TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

red-tailed hawk. The proposed project also overlaps National Wetland Inventory-designated wetlands.

Terrestrial Recommendations:

Protect Big Game Crucial Range - The proposed project is within antelope crucial winter/yearlong range. The Department defines crucial range as the habitat component which has been documented as the determining factor in a populations ability to maintain itself over the long term. As such, minimizing project-related impacts to antelope will be important to promote population stability and to minimize impacts to hunting opportunity. The Department recommends the following to conserve, protect, and maintain function of antelope crucial winter/yearlong range at the proposed project site:

Avoid ground-disturbing activities from November 15-April 30.

After construction, minimize human presence to the extent possible from November 15-April 30.

Minimize the use the fencing to the extent possible. Where appropriate, install fencing that meets wildlife-friendly specifications. Provide adequate gates for egress in areas where big game may become entrapped.

Bury pipelines to avoid movement barriers to big game.

Minimize habitat conversion and fragmentation in big game crucial range whenever possible.

Protect Species of Greatest Conservation Need - As previously mentioned, the proposed project area overlaps the distribution of 68 SGCN, including 11 priority species. Given that many SGCN require specialized and targeted surveys to accurately document suitable habitat and presence, we recommend the following surveys to avoid and minimize impacts to SGCN.

Nesting Raptors -Raptors are protected under federal law and nests are present in the vicinity of the proposed project. Disturbances which affect nesting success can impact local population numbers.

Perform surveys for nesting raptors within 1 mile of the project area prior to any vegetation clearing or ground-disturbing activities. Special attention should be given to probable nesting habitat such as stands of cottonwood trees, stands of conifers, lone trees, cliffs, rock outcrops, and prairie dog colonies.

If any raptor nests or bald eagle winter roosts are detected, follow U.S. Fish and Wildlife Service (Service) seasonal and spatial timing stipulations, available at https://www.fws.gov/media/wyoming-ecological-services-field-office-raptor-guidelines-2022.

Burrowing owls nest underground and require specialized surveys to ensure an adequate likelihood of detection. Burrowing owls have been documented near the project site and TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

surveys to avoid impacts to burrowing owls will be necessary. The Department can provide detailed survey protocols upon request.

Mountain plover - During the breeding season, mountain plover use shortgrass and mixed-grass prairie, shrub-steppe landscapes, prairie dog colonies, and agricultural lands. They typically nest on sites with sparse vegetation that is less than 4 inches (10 cm) tall, slope less than 5 degrees, and a significant bare ground component.

Conduct surveys in suitable habitat within 0.25 miles of the project area during the breeding season between April 17 and May 15. Sites should be surveyed three times with a minimum of 5-7 days between visits.

Conduct surveys between local sunrise and 1000, or from 1730 to sunset (periods of horizontal light to facilitate spotting the white breast of adult plovers).

Use vehicles or all-terrain vehicles to conduct surveys if at all possible. Mountain plover cannot be effectively surveyed by a walking observer.

Use call-back devices to increase detection rates.

Surveys should be conducted by qualified biologists with experience identifying birds by sound and sight.

If occupied breeding habitat is detected, time any ground-disturbing activity in or within 0.25 miles of occupied habitat after July 31 or after nesting is complete.

Pygmy rabbit - Pygmy rabbit are limited to areas of taller, denser sagebrush habitat in southwestern Wyoming and have been documented near the proposed project site.

Conduct surveys for presence in areas of suitable habitat within 0.25 miles of the project area. Presence can be confirmed though detection of individuals, as well as sign (e.g., scat, burrows, runways, etc.). Surveys are most effective when conducted following snow fall during the winter months.

Minimize surface occupancy or habitat conversion of tall, dense stands of Wyoming big sagebrush (Artemisia tridentata). Maintain corridors between dense sagebrush stands when possible to allow for dispersal.

To the extent possible, offset development of roads, pads, and infrastructure >0.25 miles from areas occupied by pygmy rabbits, and avoid activities that compact soils within occupied habitat, which may limit burrow development and maintenance.

White-tailed prairie dog - White-tailed prairie dogs are a Wyoming SGCN, and their colonies provide habitat for a number of other SGCN. White-tailed prairie dogs were documented within the survey area during the initial site visits.

Conducting surveys during summer months, preferably during the green-up period from May to July. To map colonies, circumnavigate the colony by walking from active burrow to active burrow along the outer periphery of each colony.

Develop outside the mapped boundaries of prairie dog colonies to the extent possible.

Migratory Bird Clearance Surveys - Other Wyoming SGCN migratory bird species may be present along the development corridor.

Conduct nest searches within 72 hours8.333333e-4 days 0.02 hours 1.190476e-4 weeks 2.7396e-5 months prior to disturbance from April 10 to July 15. A migratory bird nest clearance survey in late February as suggested in the provided documentation will not be effective at minimizing impacts to migratory birds.

Nest searches should be conducted by biologists with ample nest searching experience.

If a migratory bird nest is found, cease operations in proximity to the nest until the birds have fledged and can leave the area. Development of an approved mitigation plan in coordination with the Service may allow for sooner initiation of operations.

Great Basin Spadefoot - Great Basin spadefoot have specific breeding habitat requirements in Wyoming. To minimize impacts to this species, avoid disturbance to ephemeral wetlands, including playas, dune ponds, and shallow oxbows/backwaters, when possible. If disturbance is necessary, avoid disturbing sites until they are completely dry.

Northern Leopard Frog - Northern leopard frogs are associated with permanent water features (e.g., lakes, ponds, backwater/oxbows, rivers, and creeks in plains and basins). Populations in various locations throughout Wyoming have declined significantly or been extirpated and populations throughout the western United States in general are in decline.

When working in breeding habitats, avoid construction and habitat alteration during months when amphibians are concentrated and vulnerable (April to September). If disturbance is necessary, minimize destruction of critical habitat features (e.g., willows, portions of wetlands and shorelines with shallow stagnant or slow-moving water and emergent vegetation).

Greater Short-horned Lizard - Minimize disturbance to native grasslands and to open sandy areas and sandy blow-outs within grasslands and mixed grass shrublands whenever possible.

Minimize Spread of Noxious Weeds and Invasive Annual Grasses (IGAs) - Noxious weeds and IAGs can cause significant harm to the ecosystem when introduced. Ground disturbing activities can create an environment that facilitates establishment by unwanted plants. They significantly reduce the quality of wildlife habitat and their presence increases the probability of catastrophic wildfire. The potential economic impacts to the State of Wyoming are severe, and once these species become established, eradication is difficult and costly. Prevention of establishment remains the best way to keep Wyoming's habitats free of noxious weeds and IAGs.

The most significant known threat to Wyoming is from cheatgrass, medusahead, and ventenata.

To prevent the spread of noxious weeds and IAGs, we recommend the following:

Prevent introduction and establishment by cleaning vehicles and equipment prior to movement to a new location in order to minimize the potential for transporting seeds.

Develop and implement a plan to assess, treat, and monitor for noxious weeds and invasive plants at the project scale through reclamation.

Minimize Excessive Artificial Lighting - Artificial lighting can have negative impacts to wildlife, including changing behavior and land use, disorienting wildlife, and potential increased mortality risk. The best approach to mitigate impacts from artificial lighting is to avoid its use whenever possible. Facilities should minimize light pollution whenever feasible and use the best available technologies.

Use only fully shielded, dark-sky friendly fixtures, so lights shine down towards the ground.

Use only the amount of light needed.

Install timers, motion sensors, or dimmer switches. Turn off lights when not in use.

Limit the use of artificial lighting during peak migration periods. Use warmer-colored lights (<2200 Kelvin) versus cooler-colored light on the white-blue end of the spectrum (2200 Kelvin).

Reduce lighting intensity and timing during periods of bird and bat migration. Efforts should be made to limit light pollution in sensitive habitats (e.g., bat roosting areas, migratory corridors, bird nesting areas, areas of SGCN concentration, or areas where large congregations of wildlife occur), and around aquatic features.

Minimize Fence Collision Risk - Many species of birds, including sage-grouse, raptors, and waterfowl, are at risk of death by collision with fences. Bird diverters are low-cost and highly effective markers that make fences in high-risk areas more visible to birds and thereby reduce deaths. The Department recommends 3-inch vinyl markers along the top wire at 3-foot intervals, with fence posts serving as markers.

Minimize Impacts from Industrial Surface Water and Evaporation Ponds - The Department acknowledges ponds to support the project are already present and will be used. If pond designs change or additional ponds are needed, we recommend consideration of wildlife-friendly methods to minimize risk. Wildlife are attracted to open water, particularly in Wyomings arid environments, which can result in accidental drowning or poisoning due to poor water quality. To mitigate impacts to wildlife:

Place escape ramps in steep-sided or lined tanks and ponds to prevent entrapped wildlife from drowning.

Monitor ponds for wildlife mortality and have a contingency plan for wildlife entrapment or mortality incidents (i.e., if a waterfowl or amphibian die-off is observed contact the Department and the Service immediately). If repeated strandings or deaths occur, develop a Deterrence and Rehabilitation Program in coordination with the Service and the Department.

Monitor the toxicity of the ponds over time, and develop a mitigation plan to exclude wildlife from the water, as needed.

Construct ponds in areas undesirable to wildlife, such as those with high human use or with high levels of disturbance.

Minimize Impacts from Electrical Power Lines - Above-ground power lines can result in increased bird deaths due to electrocution and collisions. The proposed corridor may overlap high-use areas for birds. To reduce electrocution and collision risk to birds:

Bury power lines. If burying lines is not feasible, o Route above-ground lines away from high-use areas for birds, including riparian corridors.

o Follow the Avian Power Line Interaction Committees guidelines for mitigating electrocution and collision risk for birds, available at: https://www.aplic.org/.

o Coordinate with the Service to develop an Avian Protection Plan.

Aquatic Recommendations:

The introduction letter did not include detailed information regarding development and activities near the North Fork Little Muddy Creek and water use from the Hams Fork. Details were not provided regarding specific quantities of water use, potential impacts to flow, or the potential contaminants which may be intentionally or unintentionally released. The Department requests additional consultation as project details develop to ensure adequate efforts occur to account for and minimize impacts to aquatic resources, including but not limited to SGCN fishes, and the downstream sport fishery.

Based on the location of the proposed project, primary SGCN fishes that may be impacted include roundtail chub and flannelmouth sucker. Neither species were observed during initial surveys, however the Department has documented juvenile roundtail chub in the North Fork Little Muddy Creek and believe the creek may be used by spawning roundtail chub. The Department is also interested in potential impacts resulting from development and operations of the facility on populations of roundtail chub, flannelmouth sucker, and bluehead sucker downstream in Muddy Creek and the Blacks Fork River. Continued discussion on project specifics will help the Department further assess the potential for impacts.

Sediment and pollutant runoff from construction and operations can enter nearby waterways and negatively impact water quality and aquatic habitat. The Department recommends Best TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

Management Practices be used to control erosion and prevent sediment and other pollutants from reaching wetlands and other water sources, including:

Avoid construction-related activities and development within 500 feet of the North Fork of Muddy Creek.

Avoid habitat conversion and project activity within 500 feet of riparian and wetland habitat Preserve existing vegetation throughout the site wherever possible.

Stabilize all exposed surfaces with vegetation, mulch, and/or soil binders.

Utilize rolled erosion control products, temporary slope drains, fiber rolls, compost socks, and/or silt fences where appropriate.

Clean, fuel, and maintain vehicles and equipment a minimum of 500 feet from aquatic habitats or preferably at designated off-site areas.

Properly containing stockpiles of materials and locating them away from waterways or areas of potential storm water concentrated flow.

Bore pipelines under all large ephemeral drainages and all perennial drainages including but not limited to the North Fork Little Muddy Creek.

Prevent Spread of AIS Aquatic invasive species (AIS) are organisms that are not native to Wyoming and can cause significant harm to an ecosystem when introduced. Harmful impacts can occur to municipal water supplies, fishing and boating-related recreation, agriculture, aquaculture, and other commercial activities. The potential economic impacts to the State of Wyoming could be severe if these non-native species are introduced into our water systems. Once these organisms become established in a waterbody, there is very little that can be done to remove them. Prevention is the best way to keep a water body safe from AIS.

The most significant known threat to Wyoming is from zebra and quagga mussels based on their proximity and demonstrated impacts in neighboring states. Other AIS include New Zealand mudsnail, Asian carp, rusty crayfish, and several species of aquatic plants.

The spread of AIS from one body of water to another is a violation of Wyoming state statute (WS

§ 23-1-102 & §§ 23-4-201 through 205) and Wyoming Game and Fish Commission Regulation.

To prevent the spread of AIS, the following is required:

Equipment that was in contact with a water positive for zebra/quagga mussels (currently none in Wyoming) within the last 30 days, is required to undergo inspection by an authorized inspector prior to contacting a Wyoming water.

From March through November, all water hauling equipment and watercraft entering the state by land must be inspected before contacting a water of the state.

Equipment used in any Wyoming water that contains AIS, must be Cleaned, Drained and Dried before use in another water. Wyoming waters with AIS can be found at:

https://wgfd.wyo.gov/Fishing-and-Boating/Aquatic-Invasive-Species-Prevention/AIS-Boating-Information.

When equipment that has been in contact with any Wyoming water is moved from one 4th level watershed (8-digit Hydrological Unit Code) to another within Wyoming, it must be Cleaned, Drained and Dried. Specific guidance is available at: https://wgfd.wyo.gov/Fishing-and-Boating/Aquatic-Invasive-Species-Prevention/AIS-Construction-and-Fire Thank you for the opportunity to comment. If you have any questions or concerns please contact Ross Crandall, Habitat Protection Biologist, at (307) 367-5615.

Sincerely, Will Schultz Habitat Protection Supervisor WS/rc/ch cc:

U.S. Fish and Wildlife Service Chris Wichmann, Wyoming Department of Agriculture TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

Attachment A. Species of Greatest Conservation Need with distributions that overlap the proposed project.

Name Taxa SGCN Tier Priority Species Great Basin Spadefoot Amphibians SGCN II Yes Northern Leopard Frog Amphibians SGCN II Yes Western Tiger Salamander Amphibians SGCN III Western Toad Amphibians SGCN I

American Bittern Birds SGCN II American Kestrel Birds SGCN III American Pipit Birds SGCN III American White Pelican Birds SGCN II Ash-throated Flycatcher Birds SGCN II Bald Eagle Birds SGCN II Bewick's Wren Birds SGCN III Black Tern Birds SGCN II Black-crowned Night-Heron Birds SGCN II Black-throated Gray Warbler Birds SGCN II Boreal Owl Birds SGCN II Brewer's Sparrow Birds SGCN II Burrowing Owl Birds SGCN I

Yes Bushtit Birds SGCN II Calliope Hummingbird Birds SGCN II Canyon Wren Birds SGCN III Clark's Nutcracker Birds SGCN II Common Loon Birds SGCN I

Yes Common Nighthawk Birds SGCN III Common Yellowthroat Birds SGCN III Ferruginous Hawk Birds SGCN II Yes Forster's Tern Birds SGCN II Franklin's Gull Birds SGCN II Golden Eagle Birds SGCN II Great Blue Heron Birds SGCN II Greater Sage-Grouse Birds SGCN II Juniper Titmouse Birds SGCN II Loggerhead Shrike Birds SGCN II MacGillivray's Warbler Birds SGCN II Mountain Plover Birds SGCN I

Yes Northern Goshawk Birds SGCN I

Peregrine Falcon Birds SGCN II Yes Red Crossbill Birds SGCN II Rufous Hummingbird Birds SGCN II Sage Thrasher Birds SGCN II Sagebrush Sparrow Birds SGCN II Short-eared Owl Birds SGCN II TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

Snowy Egret Birds SGCN II Swainson's Hawk Birds SGCN II Virginia Rail Birds SGCN III Virginia's Warbler Birds SGCN II Western Grebe Birds SGCN II White-faced Ibis Birds SGCN II Williamson's Sapsucker Birds SGCN II Willow Flycatcher Birds SGCN III Flannelmouth Sucker Fishes SGCN I

Roundtail Chub Fishes SGCN I

Forest Disc Snail Gastropoda SGCN III Dwarf Shrew Mammals SGCN II Great Basin Pocket Mouse Mammals SGCN III Idaho Pocket Gopher Mammals SGCN II Long-eared Myotis Mammals SGCN III Long-legged Myotis Mammals SGCN III Moose Mammals SGCN II Northern River Otter Mammals SGCN II Yes Preble's Shrew Mammals SGCN III Pygmy Rabbit Mammals SGCN II Yes Sagebrush Vole Mammals SGCN II Uinta Chipmunk Mammals SGCN III Western Little Brown Myotis Mammals SGCN II Western Small-footed Myotis Mammals SGCN II Western Spotted Skunk Mammals SGCN III White-tailed Prairie Dog Mammals SGCN II Greater Short-horned Lizard Reptiles SGCN II Yes TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

March 16, 2023 TP-LIC-LET-0062 Project Number 99902100 Mr. Tyler Abbott Wyoming Field Supervisor U.S. Fish and Wildlife Service Ecological Services Field Office 334 Parsley Blvd Cheyenne, WY 82007 tyler_abbott@fws.gov

Subject:

Kemmerer Power Station Unit 1 Introduction

Dear Mr. Abbott:

TerraPower is preparing a Construction Permit Application to the U.S. Nuclear Regulatory Commission (NRC) for a 345 MWe sodium-cooled Natrium' Reactor Plant to be built at a site in southwestern Wyoming. The Natrium Reactor Plant is a TerraPower & GE-Hitachi technology. The proposed generating facility (Kemmerer Power Station Unit 1) would be located approximately three miles south of the city limit of Kemmerer, Wyoming, and a short distance southeast of the existing Naughton Power Plant (Figure 1). Kemmerer Power Station Unit 1 (Kemmerer Unit 1) is intended to replace the Naughton Power Plants three aging fossil-fired units, scheduled for retirement in 2025 (Units 1 and 2) and 2029 (Unit 3).

As part of the licensing process, the NRC requires applicants to assess the impacts of proposed actions on threatened and endangered species in accordance with the Endangered Species Act. The NRC will request a formal consultation with your office, at a later date, under Section 7 of the Endangered Species Act. By contacting you early in the application process, TerraPower hopes to identify any issues that need to be addressed and provide any information your office may need to expedite the NRC consultation.

Two transmission lines and a water supply pipeline that would be approximately six miles long would connect Kemmerer Unit 1 to existing Naughton Power Plant infrastructure (switchyard and raw water pond). Final routes for the transmission lines and water pipeline have not been determined at this time. A survey corridor was defined to capture the potential range of feasible options for the routes as well as to capture an area large enough to TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

encompass the extent of potential impacts that could occur during construction of the transmission and water lines (Figure 2). Kemmerer Unit 1 and the associated transmission lines and water supply pipeline would be located entirely on privately owned land.

The Naughton Power Plant uses a closed-cycle, recirculating cooling water system with mechanical draft cooling towers. Water for cooling tower makeup is withdrawn from a cooling water intake structure (CWIS) standing on the west bank of Hams Fork, approximately seven miles north of the Naughton Power Plant. Water is pumped from the CWIS to the Naughton Power Plant via two underground pipes. Both pipes discharge into the Naughton Power Plants raw water storage pond. Water is then pumped out of the raw water storage pond to the individual generating units for cooling. The raw water storage pond holds several days supply of makeup water.

Kemmerer Unit 1 would use the existing Naughton Power Plants CWIS after the fossil units have been retired. Makeup water would be pumped from Hams Fork to the raw water storage pond as before, but when Kemmerer Unit 1 is operational, water from the raw water storage pond would be piped there for cooling tower makeup. The Naughton Power Plants CWIS was deemed Best Available Technology by the Wyoming Department of Environmental Quality when the last National Pollutant Discharge Elimination System permit was issued in 2018, due to low overall water demand.

The NRC requires that the Construction Permit Application include an Environmental Report that assesses potential impacts from plant construction and operation on a range of resources, including important species. Important species in this context include state and federally listed species, species proposed for federal listing, species that are candidates for federal listing, the two species protected under the Bald and Golden Eagle Protection Act, and commercially or recreationally valuable species.

The Information for Planning and Consultation (IPaC) report for the Project area indicated that the following federally listed and candidate species could be potentially affected by activities at this location:

Bonytail (Gila elegans); endangered

Colorado pikeminnow (Ptychocheilus lucius); endangered

Humpback chub (Gila cypha); threatened

Razorback sucker (Xyrauchen texanus); endangered

Yellow-billed cuckoo (Coccyzus americanus); threatened

Monarch butterfly (Danaus plexippus); candidate species

Ute ladies-tresses (Spiranthes diluvial is); threatened.

Our desktop review of the scientific literature and information on resource agency websites

[e.g., the Wyoming Natural Diversity Database (WYNDD)] in conjunction with reconnaissance visits our biologists took in October and December 2021 suggested that only two of these species, the Monarch butterfly and Ute ladies-tresses, are likely to be present.

Four federally listed fish species (bonytail, Colorado pikeminnow, humpback chub, and razorback sucker) were identified by IPaC as potentially occurring in the area. However, the bonytail, Colorado pikeminnow, and razorback sucker are considered extirpated from Wyoming according to the Wyoming Game and Fish Departments 2017 State Wildlife Action Plan. The humpback chub once occurred in the Green River (WY) as far upstream as Blacks Fork but is no longer found in the state of Wyoming, according to the Species Status Assessment prepared by USFWS in 2018. None of these big-river fish species are believed to survive in Wyoming.

There is no habitat in the Survey Area that would support yellow-billed cuckoos. Yellow-billed cuckoos in Wyoming are associated with cottonwood and willow-dominated riparian areas with densely vegetated understories. There are no riparian woodlands in the Project vicinity.

A small stream, North Fork Little Muddy Creek, flows in a southerly direction by the Kemmerer Unit 1 site (Figure 2) but there are no trees growing along the stream that would provide nesting habitat for the yellow-billed cuckoo. The nearest stream with a wooded riparian zone is Hams Fork, which flows north and east of the site but comes no closer than three miles (see Figure 1). The WYNDD Data Explorer shows no observations, recent or historic, of yellow-billed cuckoos along Hams Fork.

In addition to the federally listed and candidate species, the IPaC report indicated that six Birds of Conservation Concern (BCCs) could be present: black rosy-finch (Leucosticte atrata),

Cassins finch (Carpodacus cassinii), golden eagle (Aquila chrysaetos), rufous hummingbird (Selasphorus rufus), Western grebe (Aechmophorus occidentalis), and willet (Tringa semipalmata).

Having completed the desktop review in the spring of 2022, field surveys were commissioned to support the environmental impact assessment. A team of biologists with extensive experience conducting wildlife surveys and habitat assessments in the Intermountain West carried out Terrestrial Visual Encounter Surveys (TVES) of the Survey Area (see Figure 2) in June 2022.

No federally listed species, species proposed for listing, or candidate species for listing were observed in June 2022. An adult golden eagle, one of the six BCCs the IPaC report indicated could be present, was observed on site, and a sub-adult bald eagle was observed offsite, north of the Survey Area. Western grebes, another BCC, were observed on one of the Naughton Power Plant ponds, outside of the Survey Area.

Because the IPaC project review indicated that Ute ladies-tresses (ULT) could be present, a consulting wetland scientist/botanist surveyed wetlands within the site area in early September 2022 to determine if any contained ULT or suitable habitat for the species. No ULT were observed and no high quality ULT habitat was found. Areas judged to provide marginally suitable habitat for ULT will be re-surveyed during the July 20-August 31 blooming period in 2023 and 2024, in accordance with USFWSs Interim Survey Requirements for Ute Ladies-tresses Orchid (Spiranthes diluvialis).

Finally, aquatic biologists under contract to TerraPower conducted baseline fish and benthic macroinvertebrate surveys of two streams that could be affected, Hams Fork and North Fork Little Muddy Creek, in October 2022. A total of 153 fish representing six species were collected from segments of North Fork Little Muddy Creek upstream of, adjacent to, and downstream of the Kemmerer Unit 1 site. Two common species, redside shiner (Richardsonius balteatus) and speckled dace (Rhinichthys osculus), dominated North Fork Little Muddy Creek collections. A total of 1,246 fish representing eight species were collected from three segments of Hams Fork, a much larger stream: one adjacent to the Naughton Power Plant CWIS and two upstream of the CWIS. Redside shiners and white suckers (Catostomus commersonii) were the species most often collected. Most fish collected from both streams were hardy cyprinids and catostomids found across the Intermountain West. No rare, unusual, or special-status fish species were collected from either stream. These streams will be surveyed again in spring and summer 2023.

This letter is intended to provide your office with background information regarding the proposed Kemmerer Unit 1 plant and share some preliminary findings. Please respond with a letter that details any concerns regarding potential impacts to species and habitats under your jurisdiction. The Wyoming Department of Game and Fish has also been contacted to solicit their concerns about other important species, including those they have designated Species of Greatest Conservation Need and recreationally important game species such as pronghorn and mule deer. TerraPower will include a copy of this letter and your response in the Environmental Report that will be submitted to the NRC as part of the Construction Permit Application.

Ms. Lisa Matis is the point of contact with our consultant, Tetra Tech, Inc., for environmental issues regarding Kemmerer Unit 1. Ms. Matis can be reached at (803) 295-2113 or lisa.matis@tetratech.com if you have any questions.

If you have questions generally regarding Kemmerer Unit 1, please contact Ryan Sprengel at rsprengel@terrapower.com or (425) 324-2888.

Sincerely, Ryan Sprengel Director of Licensing TerraPower, LLC

Enclosures:

1. Kemmerer Power Station Unit 1 Figures

May 1, 2023 Mr. Ryan Sprengel Director of Licensing TerraPower, LLC 15800 Northup Way Bellevue, Washington 98008

Dear Mr. Sprengel:

Thank you for your March 16, 2023, letter of introduction, received in our office on March 20, 2023, regarding the Kemmerer Power Station Unit 1 Project (Project) located in Kemmerer, Wyoming in Lincoln County. Per the U.S. Nuclear Regulatory Commission (NRC),

TerraPower, LLC (TerraPower) is preparing a Construction Permit Application for the Project and requires applicants to assess potential impacts of the proposed action on threatened and endangered species listed under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq). The letter of introduction provides an overview of the Project as well as preliminary results from field surveys and desktop analysis of the Project area. TerraPower is requesting the U.S. Fish and Wildlife Service (Service) provide comments on the proposed project. The NRC will request formal consultation with the Service at a later date.

You have requested information regarding species listed under the ESA. In response to your request, the Service is providing recommendations for protective measures for threatened and endangered species in accordance with the ESA. We are also providing recommendations concerning migratory birds in accordance with the Migratory Bird Treaty Act (MBTA), 16 U.S.C. 703, and the Bald and Golden Eagle Protection Act (Eagle Act), 16 U.S.C. 668.

Wetlands are afforded protection under Executive Orders 11990 (wetland protection) and 11988 (floodplain management), as well as section 404 of the Clean Water Act. Other fish and wildlife resources are considered under the Fish and Wildlife Coordination Act, as amended, 16 U.S.C.

661 et seq., and the Fish and Wildlife Act of 1956, as amended, 16 U.S.C. 742a-742j.

The Service has transitioned to a new online program to deliver species lists: the Information, Planning, and Consultation (IPaC) system. To obtain a current list of endangered, threatened, proposed, and candidate species and their designated and proposed critical habitat that occur in or may be affected by actions associated with your proposed project, please visit our website at https://ipac.ecosphere.fws.gov/. This website will provide you with an immediate response to your species list request. The response will also include information regarding other Service trust authorities. When entering a project location in IPaC, be sure to define the action area, not TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

just the project footprint. The action area includes all areas to be affected directly or indirectly by the action and not merely the immediate area involved in the action (50 CFR 402.02).

Project Summary The Project is a 345 megawatt-electric (MWe) sodium-cooled Natrium Reactor Plant located approximately 3 miles south of Kemmerer, Wyoming, and southeast of the Naughton Power Plant (NPP). Three aging fossil-fossil units will be retired from the NPP in 2025 and 2029, and the Project will replace the three units, using some of the existing facilities and infrastructure. In addition, two transmission lines and a water supply pipeline approximately 6 miles long would be built to connect the Project to the NPP. The Project would use the NPPs cooling water intake structure to pump water from the Hams Fork River. Due to historic water use at the NPP, the Project is not expected to result in new water depletions. The final layout of the transmission lines and water supply pipelines are not yet determined. Construction of the Project would occur entirely on private land.

Service Review and Comments The National Environmental Policy Act (NEPA) analysis should disclose the full extent of proposed development, as well as the direct and indirect effects of all aspects of the project and the cumulative impacts of past, present, and reasonably foreseeable future actions regardless of who is responsible for those actions.

In accordance with section 7(c) of the ESA, we have determined that the following species or their designated habitat may be present in or may be affected by actions in the proposed Project area. We would appreciate receiving information as to the current status of each of these species within the proposed Project area.

Species/Critical Habitat Scientific Name Status Habitat Canada Lynx Lynx canadensis Threatened Montane forests Canada Lynx Critical Habitat Designated areas include boreal forest landscapes within Fremont, Lincoln, Park, Sublette, and Teton Counties of Wyoming (see 50 CFR 17.95(a))

Colorado River Fish Riverine habitat downstream of Wyoming in the Yampa, Green, and Colorado River systems

Bonytail Gila elegans Endangered

Colorado Pikeminnow Ptychocheilus lucius Endangered

Humpback Chub Gila cypha Threatened

Razorback Sucker Xyrauchen texanus Endangered Colorado River Fish Critical Habitat Designated for Colorado River Fish in riverine habitat downstream of Wyoming in the Yampa, Green, and Colorado River systems (see 50 CFR 17.95(e))

Species/Critical Habitat Scientific Name Status Habitat North American Wolverine Gulo gulo luscus Proposed Alpine habitat, boreal and montane forests Ute Ladies-tresses Spiranthes diluvialis Threatened Seasonally moist soils and wet meadows of drainages below 7,000 ft. elevation Yellow-billed Cuckoo (Western)

Coccyzus americanus Threatened Riparian areas west of Continental Divide Whitebark Pine Pinus albicaulis Threatened Cold and windy subalpine to alpine sites above 8,000 ft. elevation Canada Lynx and Canada Lynx Critical Habitat Canada lynx (Lynx canadensis) (74 FR 8615; February 25, 2009) is a federally threatened species under the ESA. The lynx is a medium-sized cat with reddish to gray fur, long legs, large, well-furred paws, long tufts on the ears, and a short, black-tipped tail. Historically, lynx were observed in every mountain range in Wyoming. The majority of lynx observations presently occur in western Wyoming in subalpine/coniferous forests of mixed age and structural classes.

Early to mid-successional forests with high stem densities of conifer saplings provide optimal habitat for the lynxs primary prey, the snowshoe hare (Lepus americanus). Mature forests with downed logs and windfalls provide cover for denning sites, escape, and protection from severe weather.

Habitat fragmentation through climate change, vegetation management, and wildfires affects snowshoe hare and lynx population dynamics. Snow track surveys, lynx rub pads, scat detection dogs, and horizontal cover surveys to determine snowshoe habitat suitability have all been used to detect the presence of lynx. Critical habitat for the Canada lynx (50 CFR 17.95(a)) has been designated for portions of Fremont, Lincoln, Park, Sublette, and Teton Counties, including parts of Yellowstone National Park and the Bridger-Teton and Shoshone National Forests.

In the Yellowstone ecosystem is called Unit 5, is defined as boreal forest landscapes supporting a mosaic of differing succession forest stages and containing the following Primary Constituent Elements (PCE):

a) Presence of snowshoe hares and their preferred habitat conditions, including dense understories of young trees of shrubs tall enough to protrude above the snow; b) Winter snow conditions that are generally deep and fluffy for extended periods of time; c) Sites for denning having abundant coarse, woody debris, such as downed trees and root wads; d) Matrix habitat (e.g., hardwood forest, dry forest, non-forest, or other habitat types that do not support snowshoe hares) that occurs between patches of boreal forest in close juxtaposition (at the scale of a lynx home range) such that lynx are likely to travel through such habitat while accessing patches of boreal forest within a home range.

The important aspect of matrix habitat for lynx is that these habitats retain the ability to allow unimpeded movement of lynx through them as lynx travel between patches of boreal forest.

Colorado River Fish and Critical Habitat Formal interagency consultation under section 7 of the ESA is required for projects that may lead to depletions of water from any system that is a tributary to the Colorado River. Federal agency actions resulting in water depletions to the Colorado River system may affect the threatened humpback chub (Gila cypha), endangered bonytail (Gila elegans), Colorado pikeminnow (Ptychocheilus lucius), and razorback sucker (Xyrauchen texanus), and their designated critical habitats. Critical habitat is designated for Colorado River Fish in Colorado and Utah in downstream riverine habitat in the Yampa, Green, and Colorado River systems (see 50 CFR 17.95(e)). For additional information, see Federal Register notice (59 FR 13374; March 21, 1994).

Water depletions include evaporative losses and consumptive use of surface or groundwater within the affected basin, often characterized as diversions minus return flows. Project elements that could be associated with depletions include, but are not limited to: ponds, lakes, and reservoirs (e.g., detention, recreation, irrigation, storage, stock watering, municipal storage, and power generation); drilling, hydraulic fracturing and completion of oil and gas wells; hydrostatic testing of pipelines; water wells; dust abatement; diversion structures; and water treatment facilities. Any actions that may result in water depletions should be identified. An analysis of the water depletion should include: an estimate of the amount and timing of the average annual water use (both historic and new uses) and methods of arriving at such estimates; location of water use or where diversion occurs, as specifically as possible; if and when the water will be returned to the system; and the intended use of the water. Depending on Project details, the Service may have more specific questions regarding the potential consumptive use of the water.

The Service, in accordance with the Upper Colorado River Endangered Fish Recovery Program (https://coloradoriverrecovery.org/uc/), adopted a de minimis policy, which states that water-related activities in the Upper Colorado River Basin that result in less than 0.1 acre-foot per year of depletions in flow have no effect on the Colorado River endangered fish species and their critical habitat, and thus do not require consultation for potential effects on those species and critical habitat. Similarly, detention basins designed to detain runoff for less than 72 hours8.333333e-4 days 0.02 hours 1.190476e-4 weeks 2.7396e-5 months , and temporary withdrawals of water outside of critical habitat (e.g., for hydrostatic pipeline testing) that return all the water to the same drainage basin within 30 days, are considered to have no effect and do not require consultation.

Monarch Butterfly In December 2020, after an extensive assessment of the Monarch Butterfly (Danaus plexippus plexippus) the Service determined that the monarch was warranted for listing under the ESA but is precluded at this time by higher priority listing actions. With this finding, the monarch butterfly becomes a candidate for listing, and we will review its status each year until we are able to begin developing a proposal to list the monarch. Conservation measures for candidate species are voluntary, but protection provided to candidate species now may preclude possible listing in the future.

The monarch is a large butterfly that lives in a variety of habitats throughout North America and various additional locations across the globe. The monarch needs milkweed (Asclepias spp.) for breeding. Through simple conservation actions like planting native milkweed and nectar sources everyone can help provide a future filled with monarchs. Adults use a wide variety of flowering plants throughout migration and breeding. Important nectar sources during the spring migration typically include Coreopsis spp., Viburnum spp., Phlox spp., and early blooming milkweeds.

Important nectar sources during fall migration include goldenrods (Solidago spp.), asters (Symphyotrichum spp. and Eurybia spp.), gayfeathers (Liatris spp.), and coneflowers (Echinacea spp.). Other important nectar sources include willow (Salix sp.), sunflower (Helianthus spp.),

thistle (Cirsium spp.) and sage (Salvia spp.). Lists of preferred nectar plants by region specific to monarchs can be found at http://www.xerces.org/monarch-nectar-plants/.

The Service encourages cooperative conservation efforts for candidate species because they are, by definition, species that may warrant future protection under the ESA. Because the Project is scheduled to be built after November of 2023, we recommend mapping of potential monarch habitat in the Project area. Specifically, documenting incidentally observed monarchs and locations where milkweed (Asclepias spp.) occurs, as well as other areas attractive to pollinators may be beneficial for future consultation if the monarch is listed under the ESA.

Although construction and operation of the Project is not scheduled to begin for some years, Projects such as this have a unique opportunity to provide habitat for the monarch as the Project areas are reclaimed, by planting regionally appropriate native milkweed and flowering plants that provide nectar. For a regional and season specific plant list, see Xerces Society Recommendations at Monarch Nectar Plant Guides l Xerces Society. In addition, incorporating all or some of the following Best Management Practices (BMPs) may benefit a variety of pollinators including the monarch butterfly by helping to retain existing seed sources and create new sources for monarch within the Project area during and after Project completion.

Adjust timing of vegetation management in areas containing plants used by monarchs to not interfere with monarch breeding or nectaring along the migration route.

(MowingForMonarchs.pdf (monarchjointventure.org).

Eliminate or reduce the use of pesticides. Insecticides can result in direct mortality to monarchs and herbicides can eliminate needed host and nectar plants.

If pesticides are used, select pesticides that are specific to the pest; time applications to avoid monarch activity periods; establish buffers; and minimize drift to non-target areas by direct ground application. These measures can help retain existing seed sources and create new sources for monarch to continue to be present within the Project area after Project completion.

North American Wolverine On May 26, 2022, the Services Federal District Court of Montana reinstated the proposed rule to list the North American wolverine (Gulo gulo luscus) in the contiguous United States as a threatened species under the ESA. The Service encourages project proponents to consider their TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

projects impacts to the wolverine. The wolverine is the largest member of the Mustelidae (weasel) family and resembles a small bear with a bushy tail. It has a broad, rounded head; short, rounded ears; and small eyes. Each foot has five toes with curved, semi-retractile claws used for digging and climbing. Persistent, stable snow greater than 5 feet deep appears to be a requirement for natal denning as it provides security for offspring and buffers cold winter temperatures. Wolverines occur within a wide variety of alpine, boreal, and arctic habitats, including boreal forests, tundra, and western mountains. The North American wolverine occurs in habitats in Alaska, western Canada, and the western contiguous United States. South of the Canadian border, wolverines are restricted to high mountain environments near the treeline, where conditions are cold year-round and snow cover persists well into the month of May.

Wolverines primarily scavenge carrion, but also consume small animals, birds, fruits, berries, and insects. Potential threats to the wolverine include climate change, dispersed recreation, transportation corridors, and land management activities.

Ute Ladies-tresses Ute ladies-tresses (Spiranthes diluvialis) is a federally threatened perennial orchid listed under the ESA (57 FR 2048; January 17, 1992). Ute ladies-tresses is eight to 20 inches tall, with white or ivory flowers clustered into a spike arrangement at the top of the stem. Ute ladies-tresses typically blooms from late July through August. However, it may bloom in early July or still be in flower as late as October, depending on location and climatic conditions. Ute ladies-tresses is endemic to moist soils near wet meadows, springs, lakes, and perennial streams where it colonizes early successional point bars or sandy edges. The elevation range of known occurrences is 4,200 to 7,000 feet (although no known populations in Wyoming occur above 5,750 feet). Soils where Ute ladies-tresses have been found typically range from fine silt and sand to gravels and cobbles, as well as to highly organic and peaty soil types. Ute ladies-tresses is not found in heavy or tight clay soils or in extremely saline or alkaline soils. Ute ladies-tresses typically occurs in small, scattered groups found primarily in areas where vegetation is relatively open. Ute ladies-tresses do not flower every year, and therefore, three years of surveys are necessary to determine presence or absence of Ute ladies-tresses. Surveys should be conducted by knowledgeable botanists trained in conducting rare plant surveys. TerraPower identified limited Ute ladies-tresses habitat in the Project area, which will be resurveyed in 2023 and 2024 during the blooming period. Ute ladies-tresses do not flower every year; therefore, we recommend at least 3 years of surveys (2023, 2024, and 2025) during the blooming period for the species in all potential habitat within the Project area.

Threats include modification of riparian habitat, such as stream channelization and stabilization, or projects that effect downstream hydrology or hydrograph. The orchid is highly palatable, and grazing can be detrimental if it occurs during the flowering season. Protective measures for Ute ladies-tresses include: (1) avoid surface disturbance within 500 feet of surface water and/or riparian areas, (2) prior to any onsite activities in or near riparian areas conduct surveys or inventories in accordance with Service guidelines to verify the presence or absence of Ute ladies-tresses, (3) limit application of herbicides to on closer than 0.25 mile from known populations. (4) avoid grazing habitats containing Ute ladies-tresses populations during the flowering period (July through September).

Yellow-billed Cuckoo The distinct population segment (DPS) of the yellow-billed cuckoo (Coccyzus americanus) west of the Continental Divide is listed under the ESA as a threatened species (79 FR 59992; October 3, 2014). On September 16, 2020, the Service re-proposed critical habitat for the DPS, but critical habitat was not proposed in Wyoming (85 FR 57816). In Wyoming, the yellow-billed cuckoo is dependent on large areas of woody, riparian vegetation that combine a dense shrubby understory for nesting and a cottonwood overstory for foraging. Destruction, degradation, and fragmentation of wooded, riparian habitats are continuing threats to yellow-billed cuckoos in Wyoming. Additionally, project actions to control outbreaks of caterpillars, cicadas, or grasshoppers and the general use of insecticides in or adjacent to riparian areas may negatively affect yellow-billed cuckoos. Surveys to determine the presence of yellow-billed cuckoos are difficult due to the secretive nature of the species and the variability in the timing of nesting. We recommend that projects avoid impacting large, woody riparian areas from late May to September, during the period when yellow-billed cuckoos seasonally occur in Wyoming.

However, TerraPower has identified no yellow-billed cuckoo habitat occurring in the survey area. To help us better understand the distribution and status of the species in Wyoming, we request that all sightings of yellow-billed cuckoos west of the Continental Divide be reported to our office.

Whitebark Pine On December 15, 2022, the Service published a final rule (87 FR 76882) to list the whitebark pine (Pinus albicaulis) as a threatened species under the ESA. We also published a special rule pursuant to section 4(d) of the ESA that identifies actions necessary to conserve and recover the whitebark pine, as well as a limited number of prohibited acts and exceptions to the prohibited acts (87 FR76882). The rules followed a proposal to list the species on December 2, 2020 (85 FR 77408), with a subsequent public comment period, and is based on a rigorous Species Status Assessment using the best available science conducted by the Service in 2018 and updated in 2021. The 4(d) rule does not relieve federal agencies of their obligations under section 7 of the ESA. The Service is not designating critical habitat for this species, because habitat loss is not a threat to the species continued survival; mortality from disease from non-native white pine blister rust is the primary threat. Other major threats include predation by the native mountain pine beetle, impacts from altered fire regimes, climate change, and the combined negative effects of these individual threats.

In Wyoming, whitebark pine usually occurs above 8,000 feet on cold and windy subalpine to alpine sites. Whitebark pine is a five-needle pine that is typically 16 to 66 feet tall with a rounded or irregularly spreading crown shape. When located in relatively dense stands of conifers, whitebark pines tend to grow as tall, single-stemmed trees. In open, more exposed sites, trees frequently have multiple stems. Above tree line, the species grows in a krummholz form (stunted, shrub-like growth). Dark brown to purple seed cones grow at the outer ends of upper branches and are 2 to 3 inches long. The scales of the cones are thick and do not open on their own. Whitebark pine is almost exclusively dependent upon Clarks nutcracker (Nucifraga TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

columbiana), a bird in the family Corvidae (whose members include ravens, crows, and jays), to open its cones and disperse the seeds.

The presence of whitebark pine promotes increased biodiversity and contributes to critical ecosystem functions. Whitebark pine is frequently the first conifer to establish after disturbances such as wildfires. Snow drifts form around whitebark pine trees, thereby increasing soil moisture, modifying soil temperatures, and holding soil moisture longer. The shade from whitebark pine trees slows the progression of snowmelt, reducing spring flooding at lower elevations. Whitebark pine also provides highly nutritious seeds for numerous species of birds and mammals.

Eagles and Migratory Birds Under the MBTA, the Eagle Act, and Executive Order 13186 (66 FR 3853; January 17, 2001),

federal agencies have an obligation to protect all species of migratory birds, including eagles and other raptors, on lands under their jurisdiction. The Service has identified bird species of highest conservation priority in the 2021 Birds of Conservation Concern Report (https://www.fws.gov/sites/default/files/documents/birds-of-conservation-concern-2021.pdf). In accordance with the Fish and Wildlife Conservation Act (16 USC 2912 (a)(3)), this report identifies species, subspecies, and populations of all migratory nongame birds that, without additional conservation actions, are likely to become candidates for listing under the ESA. This report is intended to stimulate coordinated and proactive conservation actions among federal, state, and private partners.

The MBTA, enacted in 1918, protects migratory birds, eggs and nests from possession, sale, purchase, barter, transport, import, export, and take. The regulatory definition of take, defined in 50 CFR 10.12, means to pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to hunt, shoot, wound, kill, trap, capture, or collect a migratory bird. Activities that result in the intentional, unpermitted take or incidental take of migratory birds or their eggs are illegal and fully prosecutable under the MBTA (https://www.fws.gov/regulations/mbta/). Removing or destroying active nests (i.e., nests that contain eggs or young) or causing abandonment of an active nest could constitute a violation of the MBTA, the Eagle Act, or both statutes. Therefore, if nesting migratory birds are present on or near the Project area, timing is an important consideration during Project planning. As discussed below, the Eagle Act provides additional protections for bald and golden eagles and their nests.

The Services Wyoming Ecological Services Field Office works to raise public awareness about the possible occurrence of birds in proposed project areas and the risk of killing or injuring birds or destroying active nests. Our office provides recommendations to minimize the likelihood that injury or death will occur. We encourage coordination with our office before conducting actions that could lead to the death or injury of a migratory bird, their young, eggs, or the abandonment or destruction of active nests (e.g., construction or other activity in the vicinity of an active nest).

If nest manipulation is proposed for the Project in Wyoming, the Project proponent should contact the Services Migratory Bird Management Office in Lakewood, Colorado at 303-236-8171 to see if a permit can be issued. Permits generally are not issued for an active nest of any migratory bird species, unless removal of the nest is necessary to address human health and safety. If a permit cannot be issued, the Project may need to be modified to avoid impacting TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

migratory birds, their young or eggs.

For infrastructure or facilities that have potential to cause direct avian mortality (e.g., wind turbines, guyed towers, airports, wastewater disposal facilities, transmission lines), we recommend locating structures away from high avian-use areas such as those used for nesting, foraging, roosting, or migrating, and the movement zones between high-use areas. If the wildlife survey data available for the proposed Project area and vicinity do not provide the detail needed to identify normal bird habitat use and movements, we recommend collecting that information prior to determining locations for any infrastructure that may create an increased potential for avian mortalities. Please contact our office for Project-specific recommendations.

The Eagle Act protections include provisions not included in the MBTA, such as the protection of unoccupied nests and a prohibition on disturbing eagles. Specifically, the Eagle Act prohibits knowingly taking, or taking with wanton disregard for the consequences of an activity, any bald or golden eagle or their body parts, nests, chicks, or eggs, which includes collection, possession, molestation, disturbance, destruction, or killing. The term disturb is defined 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 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 (50 CFR 22.3 and see also 72 FR 31132).

The Eagle Act includes limited exceptions to its prohibitions through a permitting process. The Service has issued regulations concerning the permit procedures for exceptions to the Eagle Acts prohibitions (81 FR 91494; December 16, 2016), including permits to take golden eagle nests which interfere with resource development or recovery operations (50 CFR 22.25). The regulations identify the conditions under which a permit may be issued (i.e., status of eagles, need for action), application requirements, and other issues (e.g., mitigation, monitoring) necessary in order for a permit to be issued. In Wyoming we recommend a 1.0-mile buffer for bald eagles due to the sparse tree cover and the limited number of bald eagles in the state. For additional recommendations specific to Bald Eagles please see our national Eagle Management web page (https://www.fws.gov/library/collections/bald-and-golden-eagle-management)

One adult golden eagle and a sub adult bald eagle were observed in or around the Project area during field surveys. Although not described in the report, it is likely that other non-eagle raptors also occur in or around the Project area. Because TerraPower is early in the development process, we recommend conducting eagle and raptor nest surveys for 2 miles around the Project area, with 1 year of seasonal nest surveys occurring the year before construction begins. These surveys will better inform agency recommendations and facilitate permitting processes, if needed. In addition, the IPaC identified black rosy-finch (Leucosticte atrata), Cassins finch (Carpodacus cassinii), rufous hummingbird (Selasphorus rufus), western grebe (Aechmophorus occidentalis), and willet (Tringa semipalmata) as BCCs that may occur in the Project area.

During June 2022 surveys, only western grebes were observed in an NPP pond. Given that western grebes use facilities around the Project area, and surveys of the Project area occurred only in June 2022, we recommend TerraPower conduct additional avian surveys, with 1 year of seasonal surveys occurring the year before construction begins.

Closing Remarks For our internal tracking purposes, we would appreciate notification of any decision made (such as issuance of a permit or signing of a Record of Decision or Decision Memo) and any additional surveys and analysis conducted for the Project be sent by electronic mail to WyomingES@fws.gov.

We appreciate your efforts to ensure the conservation of endangered, threatened, and candidate species and migratory birds. If you have questions regarding this letter or your responsibilities under the ESA and/or other authorities or resources described above, please contact Kevin Salgado of my office by email at kevin_salgado@fws.gov or by phone at (307) 757-3717.

Sincerely, for Tyler A. Abbott Field Supervisor Wyoming Field Office cc:

WGFD, Statewide Habitat Protection Program, Cheyenne, WY (wgfd.hpp@wyo.gov)

U.S. Fish and Wildlife Services Wyoming Ecological Services Field Offices Recommended Spatial and Seasonal Buffers for Breeding Raptors Raptors of Conservation Concern (see below for more information)

Common Name Spatial buffer (miles)

Seasonal buffer Golden Eagle 0.50 January 15 - July 31 Ferruginous Hawk 1.00 March 15 - July 31 Swainson's Hawk 0.25 April 1 - August 31 Bald Eagle 660 feet Prairie Falcon 0.50 March 1 - August 15 Peregrine Falcon 0.50 March 1 - August 15 Short-eared Owl 0.25 March15-August 1 Burrowing Owl 0.25 April 1 - September 15 Northern Goshawk 0.50 April 1 - August 15 Additional Wyoming Raptors Common Name Spatial buffer (miles)

Seasonal buffer Osprey 0.25 April 1 - August 31 Cooper's Hawk 0.25 March 15 - August 31 Sharp-shinned Hawk 0.25 March 15 - August 31 Red-tailed Hawk 0.25 February 1 - August 15 Rough-legged Hawk (winter resident only)

Northern Harrier 0.25 April 1 - August 15 Merlin 0.50 April 1 - August 15 American Kestrel 0.125 April 1 - August 15 Common Barn Owl 0.125 February 1 - September 15 Northern Saw-whet Owl 0.25 March 1 - August 31 Boreal Owl 0.25 February 1 - July 31 Long-eared Owl 0.25 February 1 - August 15 Great Horned Owl 0.125 December 1 - September 30 Northern Pygmy-Owl 0.25 April 1 - August 1 Eastern Screech -owl 0.125 March 1 - August 15 Western Screech-owl 0.125 March 1 - August 15 Great Gray Owl 0.25 March 15 - August 31 TP-LIC-LET-0362 SUBJECT TO DOE COOPERATIVE AGREEMENT NO. DE-NE0009054 Copyright © 2024 TerraPower, LLC. All Rights Reserved

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Dear Mr. Sprengel:

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Dear Mr. Abbott:

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