ML25084A271
| ML25084A271 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun |
| Issue date: | 01/17/2025 |
| From: | US Dept of Interior, Fish & Wildlife Service |
| To: | Office of Nuclear Material Safety and Safeguards |
| References | |
| 2025-0025485 | |
| Download: ML25084A271 (1) | |
Text
United States Department of the Interior FISH AND WILDLIFE SERVICE Nebraska Ecological Services Field Office 9325 B South Alda Rd., Ste B Wood River, NE 68883-9565 Phone: (308) 382-6468 Fax: (308) 384-8835 In Reply Refer To:
Project Code: 2025-0025485 Project Name: Fort Calhoun License Amendment 01/17/2025 15:12:12 UTC
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 human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(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
Project code: 2025-0025485 01/17/2025 15:12:12 UTC 2 of 16 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 or at our Nebraska Field Office webpage.
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 Project Consultation Code in the header of this letter (i.e., YEAR-XXXXXXX) with any request for consultation or correspondence about your project that you submit to our office.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, 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 and permitting see https://www.fws.gov/program/migratory-bird-permit 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 threats to birds and recommended conservation measures visit 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.federalregister.gov/documents/2012/10/03/2012-24433/migratory-bird-conservation-executive-order-13186 Platte River System: The Platte River, its tributaries, and associated wetland habitats are resources of national importance. Due to the cumulative effect of many water depletion projects in the Platte River basin, the Service considers any direct or indirect depletion of flows from the Platte River system to be significant and will continue to further deteriorate the already stressed habitat conditions. Federal agencies must consult with the Service under section 7 of the ESA for projects in Nebraska that may lead to water depletions or have the potential to impact water
Project code: 2025-0025485 01/17/2025 15:12:12 UTC 3 of 16 quality in the Platte River system, because these actions my affect threatened and endangered species inhabiting the downstream reaches of these river systems. The federally listed species that could be impacted from Platte River water depletions include the federally endangered Whooping Crane (Grus americana), and Pallid Sturgeon (Scaphirhynchus albus); the threatened Piping Plover (Charadrius melodus) and Western Prairie Fringed Orchid (Platanthera praeclara). In general, depletions include evaporative losses and/or 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: borrow sites, ponds, lakes, and reservoirs (e.g., for detention, recreating, irrigation, storage, stock watering, municipal storage, and power generation); hydrostatic testing of pipelines; wells; dust abatement; diversion structures; and water treatment facilities. For more information on consultation requirements for the Platte River species, please visit https://fws.gov/partner/platte-river-recovery-implementation-program.
Nebraska Nongame and Endangered Species Conservation Act: Federally listed species protected under the Endangered Species Act are also state-listed under the Nebraska statute, the Nebraska Nongame and Endangered Species Conservation Act. There may be state-listed species affected by the proposed project that are not federally listed. To determine if the proposed project may affect state-listed species, the Service recommends that the project proponent contact the Nebraska Game and Parks Commission (NGPC) Planning and Program Division located at 2200 North 33rd Street Lincoln, Nebraska 68503-0370. For more information and to request an environmental review from the NGPC, visit their Environmental Review website at http://
outdoornebraska.gov/environmentalreview/ for instructions and contact information.
Note: IPaC has provided all available attachments because this project is in multiple field office jurisdictions.
Attachment(s):
Official Species List USFWS National Wildlife Refuges and Fish Hatcheries Bald & Golden Eagles Migratory Birds Wetlands 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:
Project code: 2025-0025485 01/17/2025 15:12:12 UTC 4 of 16 Nebraska Ecological Services Field Office 9325 B South Alda Rd., Ste B Wood River, NE 68883-9565 (308) 382-6468 This project's location is within the jurisdiction of multiple offices. However, only one species list document will be provided for all offices. The species and critical habitats in this document reflect the aggregation of those that fall in each of the affiliated office's jurisdiction. Other offices affiliated with the project:
Illinois-Iowa Ecological Services Field Office Illinois & Iowa Ecological Services Field Office 1511 47th Ave Moline, IL 61265-7022 (309) 757-5800
Project code: 2025-0025485 01/17/2025 15:12:12 UTC 5 of 16 PROJECT
SUMMARY
Project Code:
2025-0025485 Project Name:
Fort Calhoun License Amendment Project Type:
Power Gen - Nuclear Project
Description:
License Amendment to License Termination Plan for the Decommissioning of the Fort Calhoun Nuclear Power Plant Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@41.518794299999996,-96.0821594860057,14z Counties: Iowa and Nebraska
Project code: 2025-0025485 01/17/2025 15:12:12 UTC 6 of 16 ENDANGERED SPECIES ACT SPECIES There is a total of 6 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.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, 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.
- 1. 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.
Project code: 2025-0025485 01/17/2025 15:12:12 UTC 7 of 16 MAMMALS NAME STATUS Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045 Endangered BIRDS NAME STATUS Piping Plover Charadrius melodus Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered.
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6039 Threatened FISHES NAME STATUS Pallid Sturgeon Scaphirhynchus albus No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7162 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 Suckleys Cuckoo Bumble Bee Bombus suckleyi Population:
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/10885 Western Regal Fritillary Argynnis idalia occidentalis No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/12017 Proposed Threatened Proposed Endangered 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.
Project code: 2025-0025485 01/17/2025 15:12:12 UTC 8 of 16 USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.
The following FWS National Wildlife Refuge Lands and Fish Hatcheries lie fully or partially within your project area:
FACILITY NAME ACRES DESOTO NATIONAL WILDLIFE REFUGE https://www.fws.gov/our-facilities?
$keywords="%5C%22DESOTO+NATIONAL+WILDLIFE+REFUGE%5C%22" 8,363.719 BALD & GOLDEN EAGLES Bald and Golden Eagles are protected under the Bald and Golden Eagle Protection Act 2 and the Migratory Bird Treaty Act (MBTA) 1. Any person or organization who plans or conducts activities that may result in impacts to Bald or Golden Eagles, or their habitats, should follow appropriate regulations and consider implementing appropriate avoidance and minimization measures, as described in the various links on this page.
- 1. The Bald and Golden Eagle Protection Act of 1940.
- 2. The Migratory Birds Treaty Act of 1918.
- 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
There are Bald Eagles and/or Golden Eagles in your project area.
Measures for Proactively Minimizing Eagle Impacts For information on how to best avoid and minimize disturbance to nesting bald eagles, please review the National Bald Eagle Management Guidelines. You may employ the timing and activity-specific distance recommendations in this document when designing your project/
activity to avoid and minimize eagle impacts. For bald eagle information specific to Alaska, please refer to Bald Eagle Nesting and Sensitivity to Human Activity.
The FWS does not currently have guidelines for avoiding and minimizing disturbance to nesting Golden Eagles. For site-specific recommendations regarding nesting Golden Eagles, please consult with the appropriate Regional Migratory Bird Office or Ecological Services Field Office.
If disturbance or take of eagles cannot be avoided, an incidental take permit may be available to authorize any take that results from, but is not the purpose of, an otherwise lawful activity. For assistance making this determination for Bald Eagles, visit the Do I Need A Permit Tool. For
Project code: 2025-0025485 01/17/2025 15:12:12 UTC 9 of 16 assistance making this determination for golden eagles, please consult with the appropriate Regional Migratory Bird Office or Ecological Services Field Office.
Ensure Your Eagle List is Accurate and Complete If your project area is in a poorly surveyed area in IPaC, your list may not be complete and you may need to rely on other resources to determine what species may be present (e.g. your local FWS field office, state surveys, your own surveys). Please review the Supplemental Information on Migratory Birds and Eagles, to help you properly interpret the report for your specified location, including determining if there is sufficient data to ensure your list is accurate.
For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to bald or golden eagles on your list, see the "Probability of Presence Summary" below to see when these bald or golden eagles are most likely to be present and breeding in your project area.
NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.
https://ecos.fws.gov/ecp/species/1626 Breeds Oct 15 to Aug 31 PROBABILITY OF PRESENCE
SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report.
Probability of Presence ( )
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year.
Breeding Season ( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range.
Survey Effort ( )
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps.
No Data ( )
A week is marked as having no data if there were no survey events for that week.
probability of presence breeding season survey effort no data
Project code: 2025-0025485 01/17/2025 15:12:12 UTC 10 of 16 SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non-BCC Vulnerable Additional information can be found using the following links:
Eagle Management https://www.fws.gov/program/eagle-management Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/
collections/avoiding-and-minimizing-incidental-take-migratory-birds Nationwide avoidance and minimization measures for birds https://www.fws.gov/sites/
default/files/documents/nationwide-standard-conservation-measures.pdf Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action MIGRATORY BIRDS The Migratory Bird Treaty Act (MBTA) 1 prohibits the take (including killing, capturing, selling, trading, and transport) of protected migratory bird species without prior authorization by the Department of Interior U.S. Fish and Wildlife Service (Service). The incidental take of migratory birds is the injury or death of birds that results from, but is not the purpose, of an activity. The Service interprets the MBTA to prohibit incidental take.
- 1. The Migratory Birds Treaty Act of 1918.
- 2. The Bald and Golden Eagle Protection Act of 1940.
- 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the "Probability of Presence Summary" below to see when these birds are most likely to be present and breeding in your project area.
BREEDING NAME American Golden-plover Pluvialis dominica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/10561 SEASON Breeds elsewhere
Project code: 2025-0025485 01/17/2025 15:12:12 UTC 11 of 16 NAME Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.
https://ecos.fws.gov/ecp/species/1626 Black-billed Cuckoo Coccyzus erythropthalmus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9399 Bobolink Dolichonyx oryzivorus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9454 Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9406 Grasshopper Sparrow Ammodramus savannarum perpallidus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/8329 Henslow's Sparrow Centronyx henslowii This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/3941 Hudsonian Godwit Limosa haemastica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9482 Kentucky Warbler Geothlypis formosa This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9443 Lesser Yellowlegs Tringa flavipes This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9679 Pectoral Sandpiper Calidris melanotos This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9561 BREEDING SEASON Breeds Oct 15 to Aug 31 Breeds May 15 to Oct 10 Breeds May 20 to Jul 31 Breeds Mar 15 to Aug 25 Breeds Jun 1 to Aug 20 Breeds May 1 to Aug 31 Breeds elsewhere Breeds Apr 20 to Aug 20 Breeds elsewhere Breeds elsewhere
Project code: 2025-0025485 01/17/2025 15:12:12 UTC 12 of 16 NAME Prairie Loggerhead Shrike Lanius ludovicianus excubitorides This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/8833 Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9398 Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9478 Semipalmated Sandpiper Calidris pusilla This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9603 Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9431 BREEDING SEASON Breeds Feb 1 to Jul 31 Breeds May 10 to Sep 10 Breeds elsewhere Breeds elsewhere Breeds May 10 to Aug 31 PROBABILITY OF PRESENCE
SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report.
Probability of Presence ( )
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year.
Breeding Season ( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range.
Survey Effort ( )
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps.
No Data ( )
A week is marked as having no data if there were no survey events for that week.
Project code: 2025-0025485 01/17/2025 15:12:12 UTC 13 of 16 probability of presence breeding season survey effort no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Golden-plover BCC Rangewide (CON)
Bald Eagle Non-BCC Vulnerable Black-billed Cuckoo BCC Rangewide (CON)
Bobolink BCC Rangewide (CON)
Chimney Swift BCC Rangewide (CON)
Grasshopper Sparrow BCC - BCR Henslow's Sparrow BCC Rangewide (CON)
Hudsonian Godwit BCC Rangewide (CON)
Kentucky Warbler BCC Rangewide (CON)
Lesser Yellowlegs BCC Rangewide (CON)
Pectoral Sandpiper BCC Rangewide (CON)
Prairie Loggerhead Shrike BCC - BCR SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Red-headed Woodpecker BCC Rangewide (CON)
Project code: 2025-0025485 01/17/2025 15:12:12 UTC 14 of 16 Rusty Blackbird BCC - BCR Semipalmated Sandpiper BCC - BCR Wood Thrush BCC Rangewide (CON)
Additional information can be found using the following links:
Eagle Management https://www.fws.gov/program/eagle-management Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/
collections/avoiding-and-minimizing-incidental-take-migratory-birds Nationwide avoidance and minimization measures for birds Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.
FRESHWATER POND PUSAx PUBFx PUBF RIVERINE R2UBH R4SBC R4SBCx FRESHWATER FORESTED/SHRUB WETLAND PFOA PSSAx
Project code: 2025-0025485 01/17/2025 15:12:12 UTC 15 of 16 PSSA PSSC PFOC FRESHWATER EMERGENT WETLAND PEM1C PEM1A PEM1Cx PEM1F
Project code: 2025-0025485 01/17/2025 15:12:12 UTC 16 of 16 IPAC USER CONTACT INFORMATION Agency: Nuclear Regulatory Commission Name:
Isaac Johnston Address: 11555 Rockville Pike City:
Rockville State:
MD Zip:
20852 Email isaac.johnston@nrc.gov Phone:
3014155649