ML25028A013

Additional Notes for Non-Federal Representatives

ML25028A013
Person / Time
Issue date:	01/28/2025
From:	Office of Nuclear Material Safety and Safeguards
To:
References
Download: ML25028A013 (1)

Text

Additional Notes for Non-Federal Representative GLE Paducah Laser Enrichment Facility Tentative schedule, e-mailed in December and attached (5 minutes)

Timeline affords room for GLE project priorities FLEX consultation time factors in potential species status updates and project design changes Agreement on initial status meeting schedule Species list (5 minutes)

U.S. Fish and Wildlife Service (FWS) Information for Planning and Consultation (IPaC) official species list https://ipac.ecosphere.fws.gov//

The IPaC project will be shared with other individuals as requested; regular updates limit surprises Updates to the project footprint can be made in the IPaC system, if necessary, and a new species list would be generated Species lists have a shelf life of 90 days NRC generated a species list on January 21, 2025, attached Roles and responsibilities (10 minutes)

NRC submits short letter to FWS identifying GLE as a non-Federal representative NRC staff provides GLE and supporting staff guidance and support as needed; Amy will be the NRC main point of contact GLE and supporting staff completes the biological evaluation package for NRC and OGC review and approval NRC staff submits consultation package to FWS Repeat as necessary for updates Examples of previous submissions (5 minutes)

A list of a few examples are provided at the end of the tentative timeline, attached Marsland project may be generally applicable to the GLE project (mostly terrestrial greenfield project)

The Nuclear Regulatory Commission (NRC) is responsible for conducting consultations with the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS)

(collectively, Services) under Section 7 of the Endangered Species Act of 1973, as amended (ESA). The ESA regulations at Title 50 of the Code of Federal Regulations (50 CFR) 402.08 allow Federal action agencies to designate a non-Federal representative (Non-Fed Rep) to conduct informal consultation and to prepare a biological assessment or evaluation.This letter provides a general timeline for the Non-Fed Rep process that could be applied to the proposed GLE project.

Table 1. Section 7 Non-Federal Representative (Non-Fed Rep) Timeline Applicant agrees to be non-Fed Rep with oversight from the NRC throughout the Section 7 process 1st Quarter 2025 NRC sends Service(s) notification of Non-Fed Rep designation 1st Quarter 2025 NRC and applicant initial meeting:

1. NRC provides applicant with list of federally protected species and critical habitats to address during consultation (IPaC) and designates action agency representative

2. NRC and applicant discuss how the [biological assessment (BA)/biological evaluation (BE)] will be developed which may include: (1) results of any on-site inspections or surveys of the action area to determine if listed or proposed species are present or occur seasonally, (2) views of recognized experts on the species at issue, (3) literature reviews, (4) an analysis of the effects of the action on the species and habitat, including consideration of cumulative effects, and the results of related studies, and (5) an analysis of alternative actions considered by the Federal agency 1st Quarter 2025

- Applicant begins BA/BE within 90 days of receipt of species list. Applicant completes BA/BE within 180 days after receiving species list (receipt of or concurrence with species list)

NRC and applicant virtual check-in meeting(s) (as needed) during applicants development of the BA/BE (e.g., review of outline, outstanding questions or inquiries, etc.)

Starting 1st Quarter as needed Applicant submits Draft BA/BE to NRC for review Spring to summer 2025 NRC and applicant virtual meeting to discuss:

1. NRCs review of Draft BA/BE

2. Applicant recommends type of consultation (none, informal, formal)

• No Consultation: process ends here, and NRC will incorporate BA findings into EA

• Informal Consultation: Licensee drafts letter to Services requesting its concurrence with effect determinations

• Formal Consultation: Licensee provides NRC with BA; Applicant Non-Fed Rep obligations end; NRC staff finishes consultation

3. NRC discusses next steps with applicant Spring to summer 2025

Applicant drafts and sends NRC informal consultation letter and final BA/BE to NRC for review Summer to fall 2025 NRC staff concurs with BA/BE, consultation letter, and NRC sends consultation package to the Service(s)

Summer to fall 2025 Service(s) provides its concurrence Fall to winter 2025 - Services have 60 days from receipt of the consultation letter to concur with the determinations or request to initiate formal consultation FLEX Consultation Time Into 2026 Important Links and Guidance:

1) ESA Section 7 Guidance

a. FWS ESA Section 7 Handbook

b. NUREG 1555, Supplement 1, Revision 2, Appendix A

c. Information for Planning and Consultation (IPaC)

i. This is where the official species list will be generated by FWS ii. Licensee will be designated as an action agency representative in IPaC

2) Biological Assessment Guidance

a. Regulation: 50 CFR 402.12

b. Biological Assessment Contents

i. The results of any on-site inspections or surveys of the area affected by the action to determine if listed or proposed species are present or occur seasonally.

ii. The views of recognized experts on the species at issue.

iii. The review of literature and other information.

iv. An analysis of the effects of the action on the species and habitat, including consideration of cumulative effects, and the results of any related studies.

v. An analysis of alternative actions considered by the Federal agency for the proposed action.

3) NRC [Biological Evaluation/Assessment] Examples

a. Marsland Expansion Area In Situ Uranium Recovery BE (ML18100A229)

b. Salem Nuclear Generating Station BA (ML20156A067)

c. Turkey Point Combined License Application BA (ML15028A372)

4) NRC ESA Effect Determination Examples

a. Diablo Canyon Draft SEIS (ML24299A167), Section 3.8

b. Perry Nuclear Power Plant Draft EIS (ML24241A256), Section 3.8

c. Crystal River License Termination Plan EA (ML24081A068), Section 3.8

5) FWS Field Office Information

a. Website: TBD

b. Phone: TBD

c. Address: TBD

01/21/2025 23:21:34 UTC United States Department of the Interior FISH AND WILDLIFE SERVICE Kentucky Ecological Services Field Office J C Watts Federal Building, Room 265 330 West Broadway Frankfort, KY 40601-8670 Phone: (502) 695-0467 Fax: (502) 695-1024 Email Address: kentuckyes@fws.gov In Reply Refer To:

Project Code: 2025-0021187 Project Name: GLE Paducah Laser Enrichment Facility

Subject:

List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern:

The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list.

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the

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(c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at:

https://www.fws.gov/sites/default/files/documents/endangered-species-consultation-handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what-we-do..

The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.

In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-migratory-birds.

We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of

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

Attachment(s):

Official Species List OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

Kentucky Ecological Services Field Office J C Watts Federal Building, Room 265 330 West Broadway Frankfort, KY 40601-8670 (502) 695-0467

Project code: 2025-0021187 01/21/2025 23:21:34 UTC

4 of 9 PROJECT

SUMMARY

Project Code:

2025-0021187 Project Name:

GLE Paducah Laser Enrichment Facility Project Type:

Commercial Development Project

Description:

New construction of a fuel enrichment facility on a 322-acre parcel of land. Timing is not known.

Project Location:

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

www.google.com/maps/@37.09225925,-88.81725704398593,14z Counties: McCracken County, Kentucky

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ENDANGERED SPECIES ACT SPECIES There is a total of 16 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 4 of these species should be considered only under certain conditions.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

1

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MAMMALS NAME STATUS Gray Bat Myotis grisescens No critical habitat has been designated for this species.

This species only needs to be considered under the following conditions:

The project area includes potential gray bat habitat.

Species profile: https://ecos.fws.gov/ecp/species/6329 General project design guidelines:

https://ipac.ecosphere.fws.gov/project/YBCTBFRCGNC6PFEBWHL3ZH6L3E/documents/

generated/6422.pdf Endangered Indiana Bat Myotis sodalis There is final critical habitat for this species. Your location does not overlap the critical habitat.

This species only needs to be considered under the following conditions:

The project area includes 'potential' habitat. All activities in this location should consider possible effects to this species.

Species profile: https://ecos.fws.gov/ecp/species/5949 General project design guidelines:

https://ipac.ecosphere.fws.gov/project/YBCTBFRCGNC6PFEBWHL3ZH6L3E/documents/

generated/6422.pdf Endangered Tricolored Bat Perimyotis subflavus No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/10515 Proposed Endangered BIRDS NAME STATUS Whooping Crane Grus americana Population: U.S.A. (AL, AR, CO, FL, GA, ID, IL, IN, IA, KY, LA, MI, MN, MS, MO, NC, NM, OH, SC, TN, UT, VA, WI, WV, western half of WY)

No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/758 Experimental Population, Non-Essential CLAMS NAME STATUS Clubshell Pleurobema clava Population: Wherever found; Except where listed as Experimental Populations No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/3789 General project design guidelines:

https://ipac.ecosphere.fws.gov/project/YBCTBFRCGNC6PFEBWHL3ZH6L3E/documents/

generated/5639.pdf Endangered Fanshell Cyprogenia stegaria No critical habitat has been designated for this species.

This species only needs to be considered under the following conditions:

The species may be affected by projects that significantly impact the Ohio River.

Endangered

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NAME STATUS Species profile: https://ecos.fws.gov/ecp/species/4822 General project design guidelines:

https://ipac.ecosphere.fws.gov/project/YBCTBFRCGNC6PFEBWHL3ZH6L3E/documents/

generated/5639.pdf Fat Pocketbook Potamilus capax No critical habitat has been designated for this species.

This species only needs to be considered under the following conditions:

The species may be affected by projects that significantly impact, directly or indirectly, the following rivers: Clarks, Cumberland, Green, Mississippi, Ohio, Tradewater, or Tennessee.

Species profile: https://ecos.fws.gov/ecp/species/2780 General project design guidelines:

https://ipac.ecosphere.fws.gov/project/YBCTBFRCGNC6PFEBWHL3ZH6L3E/documents/

generated/5639.pdf Endangered Longsolid Fusconaia subrotunda There is final critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/9880 Threatened Orangefoot Pimpleback (pearlymussel) Plethobasus cooperianus No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/1132 General project design guidelines:

https://ipac.ecosphere.fws.gov/project/YBCTBFRCGNC6PFEBWHL3ZH6L3E/documents/

generated/5639.pdf Endangered Pink Mucket (pearlymussel) Lampsilis abrupta No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/7829 General project design guidelines:

https://ipac.ecosphere.fws.gov/project/YBCTBFRCGNC6PFEBWHL3ZH6L3E/documents/

generated/5639.pdf Endangered Rabbitsfoot Quadrula cylindrica cylindrica There is final critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/5165 General project design guidelines:

https://ipac.ecosphere.fws.gov/project/YBCTBFRCGNC6PFEBWHL3ZH6L3E/documents/

generated/5639.pdf Threatened Ring Pink Obovaria retusa No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/4128 General project design guidelines:

https://ipac.ecosphere.fws.gov/project/YBCTBFRCGNC6PFEBWHL3ZH6L3E/documents/

generated/5639.pdf Endangered Rough Pigtoe Pleurobema plenum No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/6894 General project design guidelines:

Endangered

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8 of 9 NAME STATUS https://ipac.ecosphere.fws.gov/project/YBCTBFRCGNC6PFEBWHL3ZH6L3E/documents/

generated/5639.pdf Sheepnose Mussel Plethobasus cyphyus There is proposed critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/6903 General project design guidelines:

https://ipac.ecosphere.fws.gov/project/YBCTBFRCGNC6PFEBWHL3ZH6L3E/documents/

generated/5639.pdf Endangered Spectaclecase (mussel) Cumberlandia monodonta There is proposed critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/7867 General project design guidelines:

https://ipac.ecosphere.fws.gov/project/YBCTBFRCGNC6PFEBWHL3ZH6L3E/documents/

generated/5639.pdf Endangered INSECTS NAME STATUS Monarch Butterfly Danaus plexippus There is proposed critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/9743 Proposed Threatened CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.

YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES.

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9 of 9 IPAC USER CONTACT INFORMATION Agency: Nuclear Regulatory Commission Name:

Amy Minor Address: 11555 Rockville Pike City:

Rockville State:

MD Zip:

20852 Email amy.hesterminor@nrc.gov Phone:

8172001454