ML25106A269

Northstar Endangered Species Act Determination Report

ML25106A269
Person / Time
Site:	Vallecitos Nuclear Center, Vallecitos
Issue date:	04/12/2025
From:	Self L NorthStar Vallecitos
To:	Olah R State of CA, Dept of Fish & Wildlife
Shared Package
ML25106A266	List: ML25106A268 ML25106A269
References
2025-0048960, EPID L-2024-LLA-0137
Download: ML25106A269 (1)

Text

Luke M. Self Vice President, NorthStar Vallecitos 50 CFR 402.13 10 CFR 50.90 10 CFR 50.82(a)(6)

NSV 25-003 April 12, 2025 Sacramento Fish and Wildlife Office Federal Building ATTN: Ryan Olah, Sacramento Valley Division Supervisor 2800 Cottage Way, Room W-2605 Sacramento, CA 95825-1846

SUBJECT:

Request for Concurrence Re: Endangered Species Act Determination Vallecitos Boiling Water Reactor and General Electric Test Reactor Docket Nos. 50-18 and 50-70 License Nos. DPR-1 and TR-1 Project Code: 2025-0048960

REFERENCES:

1. Letter, NRC to FWS, Designation of NorthStar Vallecitos, LLC, as the Non-Federal Representative for Vallecitos Boiling Water Reactor and General Electric Test Reactor, dated December 4, 2024 (ML24330A047).

2. Letter, NSV to NRC, License Amendment Request - Historic and Cultural Resources Review Vallecitos Boiling Water Reactor and General Electric Test Reactor, dated September 26, 2024 (ML24270A224).

3. Letter, NRC to NSV, Historic and Cultural Resources Amendment Request for Supplemental Information (L-2024-LLA-0137), dated November 7, 2024 (ML24299A130).

Dear Mr. Olah:

This letter requests U.S. Fish and Wildlife Service concurrence with NorthStar Vallecitos, LLC (NSV) not likely to adversely affect (NLAA) determinations pursuant to Section 7 of the Endangered Species Act of 1973, as amended concerning federally listed species that may be affected by a proposed Federal action at the Vallecitos Nuclear Center in Alameda County, California.

By letter dated December 4, 2024 (Reference 1) U.S. Nuclear Regulatory Commission (NRC) provided written notice to the U.S. Fish and Wildlife Service (FWS) of the designation of NSV as its NorthStar Vallecitos, LLC 6705 Vallecitos Rd.

Sunol, CA 94586 www.northstar.com

NSV 25-003 / Page 2 of 2 non-Federal representative to conduct informal consultation under Section 7 of the Endangered Species Act of 1973, as amended (ESA) for the Vallecitos Boiling Water Reactor (VBWR) and General Electric Test Reactor (GETR) pursuant to 50 CFR 402.08, Designation of non-Federal representative. This action was in response to an NSV license amendment request to perform demolition and decontamination for both the VBWR and GETR (Reference 2), which requested the NRCs review, as these actions constitute major decommissioning activities. As part of its review, the NRC staff must consult with FWS if the proposed action may affect federally listed species or critical habitats in accordance with ESA Section 7(a)(2). By designating NorthStar as the designated non-Federal representative, NorthStar was authorized to conduct consultation with FWS in accordance with the regulations that guide informal consultation contained within 50 CFR 402.13.

This letter provides to FWS the additional data requested in the NRCs Request for Supplemental Information (Reference 3 - see Ecology and Section 7 Consultation). NSV has contracted Haley &

Aldrich, Inc. (Haley & Aldrich) to support the Vallecitos decommissioning project and is respectfully submitting their evaluation, on behalf of NSV, of the facilitys potential ecological habitat with respect to federally listed threatened and endangered species.

Proposed Actions The proposed action is to restore the Vallecitos Nuclear Center back to its original pre-industrial condition by performing demolition, decontamination and restoration (D&D) of the Site Developed Area, aka Action Area.

Request for NLAA Concurrence As discussed in greater detail in the attached ESA Determination, NSV found that the proposed action to perform D&D of the VNC are NLAA the California red-legged frog (Rana draytonii)

(CRLF), San Joaquin Kit Fox (Vulpes macrotis mutica), Alameda whipsnake (=striped racer)

(Masticophis lateralis euryxanthus); Northwestern pond turtle (Actinemys marmorata), California tiger salamander (Ambystoma californiense), and Monarch butterfly (Danus plexippus).

NSV considered the potential for injury or mortality of the CRLF and other referenced species associated with vehicle traffic, machinery, and other human activities on the VNC during routine operational activities.

To date, NSV is not aware of any instances of any of the above subject species sustaining injuries or mortalities from vehicle traffic, machinery, and other human activities on the Vallecitos Nuclear Center. If agreed upon, NSV would incorporate protection measures into its site procedures to ensure that the subject species are not harmed during D&D activities. The proposed protective measures, as appropriate, are discussed for each species in Table 2 USFWS Listed Species that may occur in the Action Area of the enclosure to this letter. Adherence to the protection measures would reduce the likelihood of injury or mortality of the above species during the proposed actions such that, based on VNCs best judgement, injury or mortality is extremely unlikely to occur.

NSV requests your written concurrence with its NLAA determinations for the proposed actions in accordance with 50 CFR 402.13(c). Please provide your response electronically to the following email addresses: tsilko@northstar.com and Mitchell Dehmer Mitchell.Dehmer@nrc.gov (NRC Ecologist).

NSV 25-003 / Page 2 of 2 Should you have any questions concerning this letter, or require additional information, please contact Mr. Thomas B. Silko at (802) 451-5354, Ext 2506.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Sincerely, Signature Executed On (Date)

Luke M. Self, Vice President, NorthStar Vallecitos

Enclosure:

Request for Concurrence on Endangered Species Act Determination, prepared by Haley & Aldrich, dated April 10, 2025.

cc: Director, Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555 Regional Administrator, Region 4 U.S. Nuclear Regulatory Commission 1600 East Lamar Boulevard Arlington, Texas 76011-4511 4/12/25

NSV 25-003 Docket Nos. 50-18 & 50-70 Enclosure Vallecitos Boiling Water Reactor General Electric Test reactor Request for Concurrence on Endangered Species Act Determination, prepared by Haley & Aldrich, April 10, 2025 (37 pages excluding this cover sheet)

HALEY & ALDRICH, INC.

2033 N. Main Street Suite 309 Walnut Creek, CA 94596 925.949.1012 www.haleyaldrich.com TECHNICAL MEMORANDUM 10 April 2025 File No. 0208757 TO:

NorthStar Vallecitos Nuclear Center Tom Silko, Director Regulatory Affairs FROM:

Haley & Aldrich, Inc.

Timothy L. Walters, Ph.D., Technical Expert, Wetland Scientist Nadia Glucksberg, Program Manager

SUBJECT:

Project Code 2024-0070930 Request for Concurrence on Endangered Species Act Determinations NorthStar Vallecitos Nuclear Center The purpose of this Technical Memorandum is to request concurrence for the Endangered Species Act (ESA) Determinations of May Affect but is Not Likely to Adversely Affect for the San Joaquin kit fox, Alameda whipsnake, northwestern pond turtle, California red-legged frog, California tiger salamander, and monarch butterfly for the proposed License Amendment Request for Vallecitos Nuclear Center, Docket Nos. 50-18 and 50-70 and to meet the U.S. Nuclear Regulatory Commission (NRC) requirements of 10 Code of Federal Regulations (CFR) §51.45 and 10 CFR §51.60(a)(b).

On 7 November 2024, the NRC requested additional information in their Request for Supplemental Information Regarding the Historic and Cultural Resources Amendment Request for Vallecitos Nuclear Center, Docket Nos. 50-18 and 50-70. The NRC letter included a species list that fulfills the requirements of the U.S. Fish and Wildlife Service (USFWS) and specifically section 7(c) of the ESA of 1973, as amended (16 U.S.C. §1531 et seq.).

Since the 7 November 2024 request was received, the NRC has submitted a letter to USFWS to designate NorthStar Vallecitos, LLC as the Non-Federal Representative for Vallecitos Boiling Water Reactor and General Electric Test Reactor (ML24330A047). Haley & Aldrich, Inc. (Haley & Aldrich) has also been contracted to support NorthStar Vallecitos, LLC with the Vallecitos Decommissioning Project and is respectfully submitting this evaluation of the Sites potential ecological habitat with respect to federally listed threatened and endangered species. This letter responds to the USFWS requirement to evaluate the project site for potential impacts to threatened and endangered species.

As the preliminary step of our evaluation, Haley & Aldrich first reviewed the Information for Planning and Consultation (IPaC) website on 24 March 2025 to verify the species listed in the NRCs Request for Supplemental Information. Under sections 7(a)(1) and 7(a)(2) of the ESA and its implementing

NorthStar Vallecitos Nuclear Center 10 April 2025 Page 2 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. The IPaC Official Species List is also provided in Attachment A.

In addition to responsibilities to protect threatened and endangered species under the ESA, there are further 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 USFWS (50 CFR Section 10.12 and 16 U.S.C. Sec. 668(a)).

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. Though not required under the ESA, information pertaining to the MBTA and BGEPA is provided in this letter.

This letter will describe the proposed action taking place at the Vallecitos Nuclear Center in the town of Sunol, Alameda County, California. The entire property is approximately 1,600 acres. The Action Area where the demolition activities will take place is referred to as the Site Developed Areas. The USFWS has identified 11 species for further consideration (USFWS, 2025). No critical habitat was identified by USFWS within the Action Area for the following species:

San Joaquin kit fox (Vulpes macrotis mutica) - Endangered California condor (Gymnogyps californianus) - Endangered California least tern (Sternula antillarum browni) - Endangered Alameda whipsnake (striped racer) (Masticophis lateralis euryxanthus) - Threatened Northwestern pond turtle (Actinemys marmorata) - Proposed Threatened California red-legged frog (Rana draytonii) - Threatened California tiger salamander (Ambystoma californiense) Central California Distinct Population Segment - Threatened Foothill yellow-legged frog (Rana boylii) (Central Coast Distinct Population Segment) -

Threatened Western spadefoot (Spea hammondii) - Proposed Threatened Monarch butterfly (Danus plexippus) - Proposed Threatened Vernal pool fairy shrimp (Branchinecta lynchi) - Threatened Additionally, IPaC identifies 23 species listed through the MBTA and/or the BGEPA. These include the following:

Allen's hummingbird (Selasphorus sasin)

NorthStar Vallecitos Nuclear Center 10 April 2025 Page 3 Bald eagle (Haliaeetus leucocephalus)

Belding's Savannah sparrow (Passerculus sandwichensis beldingi)

Bullock's oriole (Icterus bullockii)

California gull (Larus californicus)

California thrasher (Toxostoma redivivum)

Clark's grebe (Aechmophorus clarkii)

Common yellowthroat (Geothlypis trichas sinuosa)

Golden eagle (Aquila chrysaetos)

Lawrence's goldfinch (Spinus lawrencei)

Northern harrier (Circus hudsonius)

Nuttall's woodpecker (Dryobates nuttallii)

Oak titmouse (Baeolophus inornatus)

Olive-sided flycatcher (Contopus cooperi)

Red knot (Calidris canutus roselaari)

Santa Barbara song sparrow (Melospiza melodia graminea)

Tricolored blackbird (Agelaius tricolor)

Western grebe (Aechmophorus occidentalis)

Western gull (Larus occidentalis)

Western screech-owl (Megascops kennicottii cardonensis)

Willet (Tringa semipalmata)

Wrentit (Chamaea fasciata)

Yellow-billed magpie (Pica nuttalli)

Proposed Action The Vallecitos Nuclear Center is a 1,600-acre property currently owned by General Electric Hitachi, located at 6705 Vallecitos Road in the unincorporated area of Sunol, California (the Site). NorthStar Vallecitos, LLC (NSV) has acquired the Site is progressing with its decommissioning, which will involve demolishing the various buildings and associated facilities. The decommissioning of the Site will be properly permitted with the appropriate county, state, and federal agencies. The proposed action includes the demolition of two potentially historically significant structures, including the GE Test Reactor (GETR) and the Vallecitos Boiling Water Reactor (VBWR). These structures are shown on Figure

1.

NorthStar Vallecitos Nuclear Center 10 April 2025 Page 4 It should be noted that the License Termination Plan was previously approved by the NRC (ML24285A207) and with the approval prompting this ESA determination, the NRC found No Effect on the listed species. The proposed action involves the demolition of these buildings.

NORTHSTAR VALLECITOS NUCLEAR CENTER PROJECT AREA (ACTION AREA)

Description of Action Area The Vallecitos Nuclear Center is located in Alameda County, California approximately 2 miles east-northeast of the center of the Town of Sunol and north of State Route 84. Floristically, the Action Area is in the San Francisco Bay Area subregion of the Central Western California region typified as a diversity of vegetation types from the very wet redwood forests to dry oak/pine woodland and chaparral (UC/JEPS, 2024). As determined from the 14 November 2024 site visit, the more natural parts of the Action Area are primarily dry oak/pine shrub/scrub and shrubby forest surrounded by farmed grassland. One small pond (Lee Lake) was noted in the northeastern portion of the Action Area. Also noted were ephemeral drainages that lead from north to south through the Action Area and eventually leave the Site through a culvert under State Route 84. The majority of the Action Area comprises buildings, driveways, and disturbed, sparsely vegetated ground. All of the planned activity will be taking place within this community.

The Site is also located within the Pacific Flyway, and the Site can provide some breeding, stopover, and wintering habitat for many migratory bird species. Due to the relatively small size of the native areas around the perimeter of the facility, this would not be a significant stopover for any species. The Action Area does not contain any relatively unique areas that would attract specific wildlife.

During the 14 November site visit, the entire Action Area was surveyed by Dr. Timothy Walters, a Wetland Scientist/Technical Expert with Haley & Aldrich, along with Gage State of Vallecitos Nuclear Center. Dr. Walters resume is provided in Attachment B. Two mammals, 21 birds, and some temporarily unidentified frogs and fish were observed (Table 1). The communities that comprise the Action Area are also described in more detail below.

Table 1: Documented Species Observed During the Site Visit Species Documentation Mammals Black-tailed deer (Odocoileus hemionus) several observed in fields along facility fence Eastern gray squirrel (Sciurus carolinensis) observed in woodlands and open areas Birds Wood duck (Aix sponsa) 7 observed around edge of Lee Lake Mallard (Anas platyrhynchos) pair observed in Lee Lake California quail (Callipepla californica) several observed in dry shrub scrub Mourning dove (Zenaida macroura)

Observed on ground in ruderal and shrub scrub areas American coot (Fulica americana) 2 observed in Lee Lake Killdeer (Charadrius vociferus) 2 heard overheard around ruderal areas Turkey vulture (Cathartes aura) observed flying overhead

NorthStar Vallecitos Nuclear Center 10 April 2025 Page 5 Species Documentation Cooper's hawk (Astur cooperii) observed perched in shrubs in southern area Northern harrier (Circus hudsonius) observed flying over neighboring fields American barn owl (Tyto furcata) observed pair flying from palms Downy woodpecker (Dryobates pubescens) observed in forested buffer of Lee Lake Black phoebe (Sayornis nigricans) observed in the shrubs near Lee Lake Say's phoebe (Sayornis saya) observed at fenceline around facility, open shrub California scrub-jay (Aphelocoma californica) observed in shrubby areas American crow (Corvus brachyrhynchos) frequently observed in open areas and fields Common raven (Corvus corax) observed flying overhead and in open fields Oak titmouse (Baeolophus inornatus) observed one in dry shrubs Ruby-crowned kinglet (Corthylio calendula) observed a couple in shrubby edge of Lee Lake House finch (Haemorhous mexicanus) frequently observed around buildings and fields White-crowned sparrow (Zonotrichia leucophrys) frequently observed in fields Golden-crowned sparrow (Zonotrichia atricapilla) frequently observed in fields Amphibians Pacific tree frog (Pseudacris regilla)?

heard Bullfrog (Rana catesbeiana)

• jumped when sighted in grated basin Fish Unidentified, under 1-inch fry small school frequently observed in Lee Lake

• Note: Identified based on photographs taken by Gage State on a return visit.

Lee Lake and Drainage The perimeter of a small pond shown on one map as Lee Lake was characterized. The perimeter was dominated by cattail (Typha domingensis and T. latifolia), common tule or hard stem bulrush (Schoenoplectus acutus occidentalis), and willow (Salix sp.). The surface of the water was partially covered with duckweed (Lemna minor) and mosquito fern (Azolla sp.). The eastern edge of the lake is occasionally mowed, creating a low, ephemeral open edge of low annual grass and cocklebur (Xanthium orientale). Along the northwestern edge is a forest with palm and an understory of nightshade (Solanum sp.), rush (Juncus sp.), and umbrella sedge (Cyperus sp.).

A small, ephemeral drainage swale runs through the Action Area. This drainage did not contain the typical ordinary high-water mark or bed and would not be considered a true waterway or stream until the southernmost section where the drainage leaves the property. The drainage has enough of a slope to not allow for any pooling within the banks and no distinctive gravel or rock has developed forming a bed.

One more organized ditch segment was observed on the eastside of the [unnamed] road and southeast of Lee Lake (Figure 1). This segment of ditch was vegetated with cattail, umbrella sedge, and wetland plants. In the spring, several (less than 10) unidentified spotted frogs were observed in this small ditch

NorthStar Vallecitos Nuclear Center 10 April 2025 Page 6 by facility workers. The description of these frogs is consistent with red-legged and juvenile bullfrogs.

The area of these observations is shown on Figure 1.

Natural Upland Areas Upland areas around the facility grade from a small forest through shrubby forest and scrub/shrub to the large grasslands that surround the facility. The small, forested area was adjacent to Lee Lake and consisted of several large palm, pine, and oak trees. The shrubby understory was willow, shrubby oaks, and pines. A pair of barn owls were roosting in the palm and flew when they were observed.

The shrub/scrub areas buffered much of the facility. These are primarily unmowed areas around the facility. Much of the borders of a small drainage were through these shrubby communities. These areas are typified shrubs and small trees comprising oaks, mule fat (Baccharis sp.), and forbs. Several large debris piles of wood branches and vegetation observed in this area created potential cover and nesting for several species. During the Site visit, an oak titmouse was heard calling from these shrubs. Sufficient habitat is present for this species to nest within this community during the appropriate season.

The whole facility is surround by grasslands. Some of the grassland was within the Action Areas bounds.

It is the primary community of this landscape. A northern harrier was observed during the Site visit flying over this community near the edge. It is not known where this bird would be nesting, as there is plenty of nesting habitat found around the facility and into the hills. Non-breeding habitat used for foraging exists around the facility.

Facility Buildings, Roads, and Disturbed Ground The Action Area consists of the buildings, foundations, roads, and unvegetated or ruderal vegetated grounds around the buildings. These areas consist of ornamental and ruderal vegetation and provides no habitat for rare species. Occasional planted trees or shrubs can provide nesting habitat for species with more general habitat requirements (i.e., American robin and house finch).

Two bullfrogs were seen in a grated concrete valve pit near the four 50,000-gallon wastewater retention basins. Non-contact industrial cooling water from the Site drains to Building 1000, through holding pools, gravity flows down to the valve pit, discharging to the wastewater retention basins. (See Figure 1). Any animals that are located in this area can swim back downhill through the pipes to escape or will be washed out of the valve pit when Site operations use the industrial cooling water. The frogs were observed 6 feet below the grate. The identification of the frogs was not obtainable at the time of the Site visit; however, follow-up photographs by Gage State proved the identity. One frog call was heard from a small structure/equipment within the wastewater basin enclosure fence. Access was not obtainable. The call was a single note but was very likely the Pacific chorus frog.

Impacts At this time, the only impacts to the above communities are to the facility buildings, roads, and disturbed grounds. No impacts are planned to occur in areas of shrub-scrub, forest, grasslands,

NorthStar Vallecitos Nuclear Center 10 April 2025 Page 7 wetlands, or any other naturalized habitat where a viable wildlife population could occur. No trees within these native or naturalized areas plan to be cut.

No direct threats to species of concern should occur during routine operations. The largest effect on rare species is noise, avoidance of road and vehicles, and collisions with vehicles.

The facility has a posted speed limit of 20 miles per hour (mph) in the vicinity of the Lee Lake and the vegetated ditch areas. If warranted, these speeds may be lowered to 5 mph during and after rain events.

If recommended, a silt fence or drift fence can be placed along the section of road nearest to Lee Lake to further lessen the chance of animals crossing the road (See Figure 2). This section of road is only occasionally traveled and traveled by Site vehicles and heavy equipment.

ESA Determinations In response to the USFWS letter, Haley & Aldrich evaluated the impacts of the proposed action on federally listed species that may occur in the Action Area. The attached Table 2 contains our ESA determinations and rationale for these determinations. As stated in the letter, no critical habitats were present within the Action Area.

MBTA and BGEPA Considerations Table 3 lists all birds identified by IPaC and listed through the MBTA and/or the BGEPA. The USFWS lists these species because they occur on the USFWS Birds of Conservation Concern (BCC). The bird species can be listed throughout its range [BCC Rangewide (CON)], or within a certain region (BCC-BCR). The two eagle species are not BCCs but are listed as vulnerable through the BGEPA.

Table 3: Birds Listed on IPaC Through the MBTA and/or the BGEPA and Their Presence Likelihood Species Status Breeds Habitat Presence likelihood Allen's hummingbird (Selasphorus sasin)

BCC Rangewide (CON) 1 February to 15 July Brushy woods Possible presence Bald eagle (Haliaeetus leucocephalus)

Non-BCC Vulnerable 1 January to 31 August Nests in large trees Possible flying over Belding's Savannah sparrow (Passerculus sandwichensis beldingi)

BCC-BCR 1 April to 15 August Salt marshes None Bullock's oriole (Icterus bullockii)

BCC-BCR 21 March to 25 July Open forests, edges Possible presence California gull (Larus californicus)

BCC Rangewide (CON) 1 March to 31 July Shorelines Possible for foraging California thrasher (Toxostoma redivivum)

BCC Rangewide (CON) 1 January to 31 July Dense chaparral Very low, as visitor Clark's grebe (Aechmophorus clarkii)

BCC Rangewide (CON) 1 June to 31 August Lakes None

NorthStar Vallecitos Nuclear Center 10 April 2025 Page 8 Species Status Breeds Habitat Presence likelihood Common yellowthroat (Geothlypis trichas sinuosa)

BCC-BCR 20 May to 31 July Emergent/Shrubby wetlands Possibly around pond area Golden eagle (Aquila chrysaetos)

Non-BCC Vulnerable 1 January to 31 August Nests on cliffs and ridgelines Possible flying over Lawrence's goldfinch (Spinus lawrencei)

BCC Rangewide (CON) 20 March to 20 September Dry open woods near brushy areas.

Possible presence Northern harrier (Circus hudsonius)

BCC-BCR 1 April to 15 September Open fields Present Nuttall's woodpecker (Dryobates nuttallii)

BCC-BCR 1 April to 20 July Oak woodlands Possible presence Oak titmouse (Baeolophus inornatus)

BCC Rangewide (CON) 15 March to 15 July Oak and oak-pine woodlands Present Olive-sided flycatcher (Contopus cooperi)

BCC Rangewide (CON) 20 May to 31 August Open areas near edges of forests Possible presence Red knot (Calidris canutus roselaari)

BCC Rangewide (CON) elsewhere Shorelines Very unlikely for foraging Santa Barbara song sparrow (Melospiza melodia graminea)

BCC-BCR 1 March to 15 September Endemic to the Channel Islands None Tricolored blackbird (Agelaius tricolor)

BCC Rangewide (CON) 15 March to 10 August Marshes Very unlikely for foraging Western grebe (Aechmophorus occidentalis)

BCC Rangewide (CON) 1 June 1 to 31 August Lakes None Western gull (Larus occidentalis)

BCC Rangewide (CON) 21 April to 25 August Shorelines Possible for foraging Western screech-owl (Megascops kennicottii cardonensis)

BCC-BCR 1 March to 30 June Forests Possible presence Willet (Tringa semipalmata)

BCC Rangewide (CON) elsewhere Shorelines Possible for foraging Wrentit (Chamaea fasciata)

BCC Rangewide (CON) 15 March to 10 August Chaparral, woodlands Possible presence Yellow-billed magpie (Pica nuttalli)

BCC Rangewide (CON) 1 April to 31 July Chaparral and weedy areas Possible presence Request for Concurrence Haley & Aldrich, on behalf of NSV, requests concurrence from USFWS for the listed and proposed listed species. Haley & Aldrich believes that ongoing activities at the facility will have no effect on the California condor, California least tern, Foothill yellow-legged frog, Western spadefoot, or Vernal pool fairy shrimp. Haley & Aldrich is providing information on and not requesting concurrence for No Effect determinations as a courtesy to the USFWS. Due to the presence of habitat around the facility, especially the upland areas and wetland around Lee Lake, six species were evaluated; the facilitys activities may affect but are not likely to adversely affect the species. These species are the San Joaquin

NorthStar Vallecitos Nuclear Center 10 April 2025 Page 9 kit fox, Alameda whipsnake, Northwestern pond turtle, California red-legged frog, California tiger salamander, and monarch butterfly. No critical habitats overlap with the facilitys location.

Attachments:

References Table 2 - USFWS Listed Species that may Occur in the Action Area and ESA Determinations Figure 1 - Action Areas and Frog Sighting Areas Figure 2 - Proposed Location of Silt Fencing Attachment A - IpaC Official Species List Attachment B - Resume of Dr. Timothy Walters

NorthStar Vallecitos Nuclear Center 10 April 2025 Page 10 References Brown, N.L., C.D. Johnson, P.A. Kelly, and D.F. Williams, 2024. San Joaquin kit fox. California State University Stanislaus, Endangered species recovery program Species Profile (accessed 2 December 2024).

California Department of Fish and Wildlife (CDFW), 2024. Monarch Butterfly (accessed 6 December 2024).

Clark, M., 2024. Fish and Wildlife Service proposes endangered species act protection for monarch butterfly; urges increased public engagement to help save species. Monarch Butterfly Proposed for Endangered Species Act Protection l U.S. Fish & Wildlife Service, 10 December, U. S. Fish and Wildlife Service.

Fallon, C., N.L. Adamson, S. Jepson, H. Sardinas, A. Stine, and M. Vaughan, 2019. Monarch Nectar Plants:

California. The Xerces Society for Invertebrate Conservation.

Kleinfelder, 2022. Biological resources report: Vallecitos Nuclear Center Decommissioning Project Sunol, California, prepared for Enercon, Oklahoma City, OK.

NatureServe, 2024a. Rana boylii; Foothill Yellow-legged Frog Rana boylii l NatureServe Explorer (accessed 2 December 2024).

NatureServe, 2024b. Spea hammondii; Western Spadefoot Spea hammondii l NatureServe Explorer (accessed 4 December 2024).

NatureServe, 2024c. Sternula antillarum browni; California Least Tern Sternula antillarum browni l NatureServe Explorer (accessed 3 December 2024).

U.S. Fish and Wildlife Service (USFWS), 2024a. California condor Species Profile for Vernal pool fairy shrimp (Branchinecta lynchi) (accessed 2 December 2024).

U.S. Fish and Wildlife Service (USFWS), 2024b. Alameda whipsnake Alameda Whipsnake (Masticophis lateralis euryxanthus) l U.S. Fish & Wildlife Service (accessed 3 December 2024).

U.S. Fish and Wildlife Service (USFWS), 2024c. Western pond turtle Western Pond Turtle (Actinemys marmorata) l U.S. Fish & Wildlife Service (accessed 4 December 2024).

U.S. Fish and Wildlife Service (USFWS), 2024d. Environmental Conservation Online System California red-legged frog (Rana draytonii) Species Profile for California red-legged frog (Rana draytonii) (accessed 4 December 2024).

U.S. Fish and Wildlife Service (USFWS), 2024e. California tiger salamander California Tiger Salamander (Ambystoma californiense) l U.S. Fish & Wildlife Service (accessed 4 December 2024).

NorthStar Vallecitos Nuclear Center 10 April 2025 Page 11 U.S. Fish and Wildlife Service (USFWS), 2024f. Environmental Conservation Online System Monarch butterfly (Danaus plexippus) Species Profile for Monarch butterfly (Danaus plexippus) (accessed 6 December 2024).

U.S. Fish and Wildlife Service (USFWS), 2024g. Environmental Conservation Online System Vernal pool fairy shrimp (Branchinecta lynchi) California Condor (Gymnogyps californianus) l U.S. Fish & Wildlife Service (accessed 2 December 2024).

U.S. Fish and Wildlife Service (USFWS), 2025. List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project. Project Code 2025-0048960 Fish and Wildlife Service, Sacramento Fish and Wildlife Office. 29 January.

University and Jepson Herbaria (UC/JEPS), 2024. University of California, Berkeley. Available at:

https://ucjeps.berkeley.edu/. (accessed 11 December 2024).

TABLE 2

Table 2: USFWS Listed Species that may Occur in the Action Area and ESA Determinations Species or Critical Habitat Federal Status Habitat in Action Area Rationale for Determination ESA Effect Determination Mammals San Joaquin Kit Fox (Vulpes macrotis mutica)

Endangered Habitat present San Joaquin kit foxes inhabit grasslands, scrublands, and modified habitats. Examples of these habitats include areas with oil exploration and extraction equipment, wind turbines, agricultural mosaics of row crops, irrigated pastures, orchards, vineyards, and grazed annual grasslands. Oak woodland, alkali sink scrubland, vernal pool, and alkali meadow communities also provide habitat for kit foxes. Dens are scarce in areas with shallow soils because of the proximity to bedrock, high water tables, or impenetrable hardpan layers (Brown et al., 2024). The Action Area is surrounded by agricultural grassland, and several shrubby areas exist around the pond and facility boundaries. Vegetation debris piles along with dry channels create at least marginal denning and hunting habitat. The best habitat for kit fox activity is outside of the projects focus. If the fox is present around the perimeter of the project, due to the lack of habitat around the demolition/restoration activities, there would be little chance of interaction. The 5-mph speed limit around the more vegetated areas would greatly decrease any collisions with equipment. The removal of the buildings may create restored future habitat.

Potential stressors for the kit fox would be noise, behavioral changes due to avoidance of vehicles, machinery and general human activity, and collisions with Site vehicles. These same stressors may keep potential predators of the fox away, creating a buffer for the fox. If present in the area, the fox would have already acclimated to a similar or higher degree of facility activities and the facilitys activities will not increase the chance of vehicle collisions. These are considered insignificant and discountable effects. Thus, Haley & Aldrich suggests that a determination that the potential population could be affected, but not adversely affected be made.

May affect but is not likely to adversely affect.

Species or Critical Habitat Federal Status Habitat in Action Area Rationale for Determination ESA Effect Determination Birds California condor (Gymnogyps californianus)

Endangered Habitat not present California condors use vast expanses of varying habitats for foraging, roosting, and nesting. Condors roost on large trees or snags, or on rocky outcrops and cliffs. Nests are in caves and ledges of steep rocky terrain or in cavities and broken tops of old growth conifers created by fire or wind. Foraging habitat includes open grasslands, oak savanna foothills, and beaches adjacent to coastal mountains. With the right air conditions, condors are known to fly up to 250 miles per day across mountainous terrain in search of food (USFWS, 2024a). No nesting habitat exists within the Project Area. Very marginal foraging habitat exists within the Project Area. Deer that does comprise a part of the condors diet were sighted within the Project Area. Although due to the facilitys policy, vehicle collisions, fatal entanglements, or entrapments are highly unlikely, thus making the presence of carrion rare. If a large mammal carcass is found within the Project Area, it will be moved to an open grassland area (also owned by the facility) without any overhead lines. Due to the nature of the structure removal, waste and debris are carefully removed and disposed of in a highly regimented way. No waste that would be detrimental to the condor was observed during the Site visit.

Potential stressors for the condor would be noise and general human activity. These same stressors have already been present, and the condor would be acclimated to a similar or higher degree of facility activities. Due to the extremely low possibility of the presence of the condor on the Site, the facility will have no effect on the species.

No effect.

Species or Critical Habitat Federal Status Habitat in Action Area Rationale for Determination ESA Effect Determination California least tern (Sternula antillarum browni)

Endangered Marginal foraging habitat present The California least tern is a species present at seacoasts, beaches, bays, estuaries, lagoons, lakes, and rivers. It will roost on sandy beaches, mudflats, and salt-pond dikes.

It nests usually on open, flat beaches along lagoon or estuary margins; sometimes on mud or sand flats a distance from the ocean or on artificial islands created from dredge spoils. Usually, it nests in the same area in successive years and tends to return to its natal site to nest (NatureServe, 2024c).

The small pond has a very tall perennial vegetated border around the perimeter and does not provide the typical mudflat or beach that the tern prefers. The pond does provide some open water and small fish were seen. Thus, foraging for the species is possible.

Any potential effects on the least tern resulting from the proposed action would be insignificant or discountable. Potential stressors for the tern would be noise and general human activity. These same stressors have already been present, and the tern would be acclimated to similar facility activity. Haley &

Aldrich concludes that the proposed action will have no effect on the California least tern.

No effect.

Species or Critical Habitat Federal Status Habitat in Action Area Rationale for Determination ESA Effect Determination Reptiles Alameda whipsnake

(=striped racer)

(Masticophis lateralis euryxanthus)

Threatened Habitat present Alameda whipsnakes live in the California inner Coast Range. This area consists of mixed chaparral, coastal scrub, annual grassland with rock piles, and oak woodland habitats. Rock piles are an important habitat feature for Alameda whipsnakes because they provide the snake with coverage from predators and are also home to the preferred favorite food of lizards (USFWS, 2024b). The Action Area does not have good habitat for the snake. The edge of the Action Area and the surrounding lands do have habitat (shrub, grassland, and vegetative debris piles) in which the snake could potentially survive. The lack of suitable habitat in active areas should preclude the species from these areas and any harmful interactions.

The impacts that the whipsnake could experience from the proposed action are noise, behavioral changes due to avoidance of vehicles, machinery and general human activity, and collisions with Site vehicles. If present in the area, the snake would have already acclimated to a similar or higher degree of facility activities and facility removal will not increase the chance of vehicle collisions. These are considered insignificant and discountable effects. Thus, Haley &

Aldrich concludes that the proposed action may affect but is not likely to adversely affect the Alameda whipsnake.

May affect but is not likely to adversely affect.

Species or Critical Habitat Federal Status Habitat in Action Area Rationale for Determination ESA Effect Determination Northwestern pond turtle (Actinemys marmorata)

Proposed Threatened Habitat present The Northwestern pond turtle lives in streams, ponds, lakes, and permanent and ephemeral wetlands. They spend most of their lives in water, but they also require terrestrial habitats for nesting (USFWS, 2024c).

Turtles also need upland areas with loose soils and vegetation conducive to nesting. The pond, surrounding wetland area, and upland buffers provide suitable habitat. A turtle was reported 0.20 miles west of the Project Area (Kleinfelder, 2022).

Potential stressors for the turtles would be noise, behavioral changes due to avoidance of vehicles, machinery and general human activity, and collisions with Site vehicles. If present in the area, the pond turtle would have already acclimated to a similar or higher degree of facility activities and building removal will not increase the chance of vehicle collisions. No typical acceptable upland/nesting habitat exists around the actively modified portions of the facility, and this would limit the potential of turtles crossing roads in search of nesting habitat. The 5-mph speed limit also allows safe crossings of turtles across roads.

It is expected that any turtle that crosses a road where the recent activity is present will not find suitable nesting habitat and will need to head back in a different direction. Educating the employees and visitors of the facility is a very important step to not harming the turtles. These are considered insignificant and discountable effects. Thus, Haley & Aldrich suggests that a determination that the potential population could be affected, but not adversely affected be made.

May affect but is not likely to adversely affect.

Species or Critical Habitat Federal Status Habitat in Action Area Rationale for Determination ESA Effect Determination Amphibians California red-legged frog (Rana draytonii)

Threatened Habitat present Breeding sites of the California red-legged frog are in aquatic habitats including pools and backwaters within streams and creeks, ponds, marshes, springs, sag ponds, dune ponds, and lagoons. Additionally, California red-legged frogs frequently breed in artificial impoundments, such as stock ponds (USFWS, 2024d).

Unidentified frogs have been seen around a cattail-dominated ephemeral drainage near the pond. The pond would also be potential habitat for the species since it is presumedly absent of predatory fish. The observed presence of mature bullfrogs, a known predator, could diminish the presence of the species.

Kleinfelder (2022) indicated that a total of 25 recorded occurrences of the frog have been reported within a 5-mile radius of the facility with the closest occurrence only 0.40 miles to the west. The maximum dispersal distance of the frog recognized by the USFWS is 2 miles.

The impacts that the red-legged frog could experience from the facilitys activities are noise, behavioral changes due to avoidance of vehicles, machinery and general human activity, and collisions/crushing with Site vehicles. If present in the area, the frogs would have already acclimated to a similar or higher degree of facility activities and facility removal will not increase the chance of vehicle collisions. If advised, a silt fence could be placed along the road nearest to the pond to lessen the chance of frogs crossing the road.

Adherence to the 5-mph speed limit and education, especially in the spring, would also lessen the chance of collisions with vehicles. These are considered insignificant and discountable effects. Thus, Haley &

Aldrich concludes that the proposed action may affect but is not likely to adversely affect the California red-legged frog.

May affect but is not likely to adversely affect.

Species or Critical Habitat Federal Status Habitat in Action Area Rationale for Determination ESA Effect Determination California tiger salamander (Ambystoma californiense)

Central CA DPS Threatened Habitat present California tiger salamanders require access to both aquatic and upland habitat throughout their lifecycle.

They use standing bodies of fresh water, like ponds, vernal pools, and other ephemeral or permanent water bodies for breeding. These bodies of water must hold water for a minimum of 12 weeks to support salamander larvae development. The salamanders also need access to upland habitat that contains small animal burrows or underground hideaways, including those constructed by California ground squirrel (Spermophilus beecheyi) and Valley pocket gopher (Thommomys bottae). The California tiger salamander uses these underground burrows for shelter and protection from predators and desiccation during non-breeding periods. The burrows are also good locations to find insects to eat (USFWS, 2024e). The pond present within the Project Area could hold the salamander. This pond has been noted to have occasionally gone dry. The last time this was noted was 2015, making the likelihood of predatory fish very low.

Uplands, grasslands, and shrubby areas are frequent in areas surrounding the facility. No ground squirrels or pocket gophers were seen during the Site visit, although small holes do exist in some of the upland areas, especially around a temporary drainage north of the pond. Both upland and wetland habitats are present for the salamander.

The impacts that could affect the California tiger salamander are similar to that of the red-legged frog.

They could experience noise, behavioral changes due to avoidance of vehicles, machinery and general human activity, and collisions/crushing with Site vehicles. If present in the area, the salamanders would have already acclimated to a similar or higher degree of facility activities and facility removal will not increase the chance of vehicle collisions. If advised, a silt fence could be placed along the road nearest to the pond to lessen the chance of salamanders crossing the road. Adherence to the 5-mph speed limit and education, especially in the spring, would also lessen the chance of collisions with vehicles. These are considered insignificant and discountable effects. Thus, Haley & Aldrich concludes that the proposed action may affect but is not likely to adversely affect the California tiger salamander.

May affect but is not likely to adversely affect.

Species or Critical Habitat Federal Status Habitat in Action Area Rationale for Determination ESA Effect Determination Foothill yellow-legged frog (Rana boylii)

(Central coast Distinct Population Segment Central Coast DPS)

Threatened Habitat not

present, no recent surveys This frog inhabits partially shaded, rocky streams at low to moderate elevations in areas of chaparral, open woodland, and forest. Habitats in order of decreasing favorability: 1) partially shaded, small perennial streams, at elevations of 30 to 1,000 meters, with at least some cobble-sized rocks; riffle areas and stream depth rarely greater than 1 meter; 2) intermittent, small, partly shaded, rocky streams displaying seasonal riffle habitat; 3) large (consistently greater than 1 meter in stream depth), partly shaded, perennial streams with rocky or bedrock habitat; and 4) open perennial streams with little or no rocky habitat (NatureServe, 2024a).

Because detrimental activities associated with the frogs habitat would have to be documented and separately permitted, it can confidently be stated that no impacts to streams in the proposed action is expected. No habitat for this species was observed within the Project Area. Since this frog is also non-migratory, no expectation for the frogs presence within the study area is anticipated.

No effect.

Western spadefoot (Spea hammondii)

Proposed Threatened Habitat not

present, no recent surveys The spadefoot lives in a wide range of habitats; lowlands to foothills, grasslands, open chaparral, and pine-oak woodlands. It prefers shortgrass plains and sandy or gravelly soil (e.g., alkali flats, washes, and alluvial fans). It is fossorial and breeds in temporary rain pools and slow-moving streams (e.g., areas flooded by intermittent streams) (NatureServe, 2024b). The water regime does not occur within the Project Area. No temporary pool exists, and the only temporary water on Site is within the channels that have enough elevation to them that the water would not pool. During the Site visit, no areas that showed pooling were found. Based on these findings, Haley &

Aldrich believes that the activities would have no effect on the Western spadefoot.

No effect.

Species or Critical Habitat Federal Status Habitat in Action Area Rationale for Determination ESA Effect Determination Insects Monarch butterfly (Danus plexippus)

Proposed Threatened Habitat

present, no recent surveys Monarchs in California belong to the western migratory population, which breeds from Arizona to Idaho in the United States and winters in Mexico (CDFW, 2024). Monarchs are associated with prairie, meadow, and grassland habitats. Milkweed provides a habitat for the development of monarch eggs and larvae (USFWS, 2024f). Several species of milkweed grow in California, but no milkweed was observed during the Site visit. Otherwise, monarchs may be occasionally present when moving between transitory areas of more suitable habitat. The dominant species of the shrubby areas was in the genus Baccharis, a known nectar source for monarchs. No nectar sources are present in areas of facility activity and no activity will occur where nectar-producing plants are present.

Monarchs would only have the potential to occur in the Project Area seasonally and infrequently, making the likelihood of occurrence low. More likely, monarchs would be using the periphery of the facility.

All the potential effects on the monarch butterfly resulting from the proposed action would be insignificant or discountable. These are considered insignificant and discountable effects. Thus, Haley &

Aldrich concludes that the facilitys action may affect but is not likely to adversely affect the monarch butterfly.

May affect but is not likely to adversely affect.

Species or Critical Habitat Federal Status Habitat in Action Area Rationale for Determination ESA Effect Determination Crustaceans Vernal pool fairy shrimp (Branchinecta lynchi)

Threatened Habitat not

present, no recent surveys The Vernal pool fairy shrimp can be found in extremely small or marginal vernal pools (from a small puddle only 3 centimeters deep and covering 0.56 square meters to 10 hectares) that fill with water for just long enough to allow the individuals to hatch from cysts, reach sexual maturity, reproduce, and die. The temperature dependent timing to maturity is on average 18 days and reproduction takes an average of 39.7 days (USFWS, 2024g). Ephemeral ditches or channels do carry water through the Site. These waterways have positive drainage, and no pools were observed within the project Site. Just outside the boundary of the project Site, aerial markers do indicate that these vernal pools are close.

Due to the lack of vernal pool habitat within the project Site, it is very unlikely that this species exists on Site.

No effect.

FIGURES Figure 1 - Site Conditions and Areas of Observations Figure 2 - Proposed Silt Fence Location

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VBWR GETR FROG SIGHTING

- WINTER 2023 VALVE PIT -

FROG SIGHTING GIS FILE PATH: C:\\Users\\mmartin\\OneDrive - haleyaldrich.com\\Desktop\\0208757_001_FROG_SIGHTINGS_D1.mxd USER: mmartin LAST SAVED: 2/25/2025 9:16:15 AM AERIAL IMAGERY SOURCE:

ESRI (07/23/2022)

VALLECITOS NUCLEAR CENTER SUNOL, CALIFORNIA ACTION AREAS AND FROG SIGHTING AREAS FIGURE 1 SCALE: AS SHOWN FEBRUARY 2025

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VALVE PIT FROG SIGHTING BASIN 3 BASIN 2 BASIN 1 BASIN 4 0

375 750 FEET LEGEND

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FROG SIGHTING

1. I ACTION AREA BASIN UNDERGROUND PIPING SITE DEVELOPED AREA 0

75 150 FEET INSET SEE INSET

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VBWR FROG SIGHTING

- WINTER 2023 GIS FILE PATH: C:\\Users\\mmartin\\OneDrive - haleyaldrich.com\\Desktop\\0208757_002_SILT FENCE_D1.mxd USER: mmartin LAST SAVED: 2/25/2025 9:19:14 AM AERIAL IMAGERY SOURCE:

ESRI (07/23/2022)

VALLECITOS NUCLEAR CENTER SUNOL, CALIFORNIA PROPOSED LOCATION OF SILT FENCING FIGURE 2 SCALE: AS SHOWN FEBRUARY 2025 0

125 250 FEET LEGEND

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FROG SIGHTING

1. I ACTION AREA SILT FENCE SITE DEVELOPED AREA

ATTACHMENT A IPaC Official Species List

03/24/2025 14:58:16 UTC United States Department of the Interior FISH AND WILDLIFE SERVICE Sacramento Fish And Wildlife Office Federal Building 2800 Cottage Way, Room W-2605 Sacramento, CA 95825-1846 Phone: (916) 414-6600 Fax: (916) 414-6713 In Reply Refer To:

Project Code: 2025-0048960 Project Name: Vallecitos Historical Preservation Amendment Request for the VBWR and GETR

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)

Project code: 2025-0048960 03/24/2025 14:58:16 UTC

2 of 8 (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 this letter with any request for consultation or correspondence about your project that you submit to our office.

Project code: 2025-0048960 03/24/2025 14:58:16 UTC

3 of 8

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:

Sacramento Fish And Wildlife Office Federal Building 2800 Cottage Way, Room W-2605 Sacramento, CA 95825-1846 (916) 414-6600

Project code: 2025-0048960 03/24/2025 14:58:16 UTC

4 of 8 PROJECT

SUMMARY

Project Code:

2025-0048960 Project Name:

Vallecitos Historical Preservation Amendment Request for the VBWR and GETR Project Type:

Power Gen - Nuclear Project

Description:

License Amendment to License Termination Plan Project Location:

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

www.google.com/maps/@37.610270799999995,-121.83945738123096,14z Counties: Alameda County, California

Project code: 2025-0048960 03/24/2025 14:58:16 UTC

5 of 8 1.

ENDANGERED SPECIES ACT SPECIES There is a total of 11 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 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

Project code: 2025-0048960 03/24/2025 14:58:16 UTC

6 of 8 MAMMALS NAME STATUS San Joaquin Kit Fox Vulpes macrotis mutica No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/2873 Endangered BIRDS NAME STATUS California Condor Gymnogyps californianus Population: Wherever found, except where listed as an experimental population There is final critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/8193 Endangered California Least Tern Sternula antillarum browni No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/8104 Endangered REPTILES NAME STATUS Alameda Whipsnake (=striped Racer) Masticophis lateralis euryxanthus There is final critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/5524 Threatened Northwestern Pond Turtle Actinemys marmorata No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/1111 Proposed Threatened AMPHIBIANS NAME STATUS California Red-legged Frog Rana draytonii There is final critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/2891 Threatened California Tiger Salamander Ambystoma californiense Population: U.S.A. (Central CA DPS)

There is final critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/2076 Threatened Foothill Yellow-legged Frog Rana boylii Population: Central Coast Distinct Population Segment (Central Coast DPS)

There is proposed critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/5133 Threatened Western Spadefoot Spea hammondii No critical habitat has been designated for this species.

Proposed Threatened

Project code: 2025-0048960 03/24/2025 14:58:16 UTC

7 of 8 NAME STATUS Species profile: https://ecos.fws.gov/ecp/species/5425 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 CRUSTACEANS NAME STATUS Vernal Pool Fairy Shrimp Branchinecta lynchi There is final critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/498 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: 2025-0048960 03/24/2025 14:58:16 UTC

8 of 8 IPAC USER CONTACT INFORMATION Agency: Nuclear Regulatory Commission Name:

Mitchell Dehmer Address: 11555 Rockville Pike City:

Rockville State:

MD Zip:

20852 Email mitchell.dehmer@nrc.gov Phone:

3014154016

ATTACHMENT B Resume of Dr. Timothy Walters

Timothy Walters, Ph.D., P.W.S., C.S.E.

Ecologist l Technical Expert Tim has 30 years of experience as a subject matter expert and technical specialist as a botanist, wildlife and wetland ecologist, and project manager. Tim has conducted hundreds of threatened and endangered plant surveys, terrestrial and aquatic plant community surveys, stream surveys, faunal surveys, permitting, mitigation planning, design, and monitoring projects. He has conducted hundreds of wetland delineation studies in 24 states using 8 of 10 of the U.S. Army Corps of Engineers (USACEs) regional supplements and has been trained for federal endangered species consultation by the U.S. Fish and Wildlife Service and over 10 different wetland and stream assessment methods by several different state agencies. Tim was selected to be a national trainer for the EPAs National Wetland Condition Assessment, where he trained federal, state, and consultant field crews. He has earned his Professional Wetland Scientist (PWS) certification from the Society of Wetland Scientists and Certified Senior Ecologist (CSE) from the Ecological Society of America.

RELEVANT PROJECT EXPERIENCE Kagman Watershed and Rare Species Evaluation, Saipan, Commonwealth of the Northern Marianas - Tim served as the botanist/ecologist reviewing the Wildlife and Habitat Monitoring and Mitigation Plans and wetland mitigation plans. Evaluated and located the presence of three federally endangered species:

Mariana Swiftlet, Saipan reed warbler and Mariana common moorhen. Evaluated the mitigation wetland for species and vegetation community for the needed of targeted species.

Wetlands, Waterways, Rare Species and Habitat Assessment for Willow Springs Raceway, Rosamond, California - Ecological specialist charged with evaluating the wetlands, waterways, rare species and habitat assessment for Willow Springs Raceway, in Kern County, California. The site was checked for potential wetlands, waterways, and threatened and endangered species. The different vegetation communities were described and surveys of faunal species within each community were quantified.

Wetland Delineation, Community Survey and Threatened and Endangered Species Habitat Survey Quillayute, Clallum County, Washington Botanist/ecologist responsible for locating wetlands, conducting a vegetation community survey, and assessing the area for rare species for the remedial investigation and baselined risk assessment of the Quillayute Airport for the USACE. This was a multi-firm project under Section 117(a) of CERCLA.

EDUCATION PhD, Biology-Botany, University of Toledo MS, Biology, John Carroll University BA, Biology with Environmental Science (minor), Hiram College KEY SKILLS Natural resource technical review Wetland delineation, mitigation, monitoring, and restoration Terrestrial and aquatic surveys - botanical, avian, and wildlife surveys Endangered Species Act (ESA), State Environmental Policy Act (SEPA), federal, and state permitting 40-hour Haz Whopper PROFESSIONAL REGISTRATIONS Professional Wetland Scientist (PWS),

Society of Wetland Scientists (#2777)

Certified Senior Ecologist (CSE), Ecological Society of America YEARS OF EXPERIENCE 30 OFFICE LOCATIONS Vancouver, Washington Portland, Oregon

Timothy L. Walters, Ph.D., P.W.S., C.S.E.

Vegetation Community and Wildlife Survey and Wetland Determination, Wilcox, Arizonia - Lead the community evaluation of 600 acres in the Sonoran Desert near Wilcox, Arizonia. The site was checked for potential wetlands, waterways, and threatened and endangered species. The different vegetation communities were described and surveys of faunal species within each community were quantified.

Characterization of Aquatic Macrophytes Communities, Faunal Surveys and Mercury Contamination in the Pantanal Region, Brazil and the Okefenokee Swamp, Georgia and Lake Erie, Ohio - Botanist, ecologist responsible for the identification, physiognomy and collection of the aquatic macrophytes and faunal observations along vegetation transects in the Pantanal Region of western Brazil and the Okefenokee Swamp of southern Georgia. Characterized vegetation along twenty transects through multiple vegetation zones including shrub, emergent, submergent vegetated mat, floating mat and free-floating. This was paired with paleolimnological cores, plant and faunal tissue evaluation for mercury concentrations. Mercury contamination and concentration were tracked over the history of the site and upward through the food web of the community.

Oregon Department of Energy Site Certificate Review of Vegetation Monitoring, Oregon. Tim served as the botanist/ecologist reviewing the Site Certificates, Wildlife and Habitat Monitoring and Mitigation Plans and Noxious Weed Control Plans for 10 power-generating facilities for the Oregon Department of Energy (ODOE).

Documents were assessed for compliance and status of the stated goals, and results were reported to ODOE to assist in their site facility review visit and improve future habitat mitigation and compliance.

NASA Plum Brook Station Wetland Delineation, Sandusky, Ohio Ecologist assisted in the wetland and stream delineation of the 6,431-acre NASA Plum Brook Station in Sandusky, Ohio. Plum Brook Station contained 1,050 wetlands totaling over 400 acres, 373 waterways totaling over 300,000 linear feet, and 15 ponds totaling approximately 15 acres. Conducted rare plant species search, documenting and mapping populations of 25 species. All site data were compiled using ArcGIS and provided to the client to help inform NASA during its decision-making process for future use of the sites. The GIS data were also provided in kml format so that any NASA user could view the resources using Google Earth. Lead botanist in locating and identifying several new locations for rare, threatened, and endangered plants were found at Plum Brook Station during the fieldwork. The information collected is being used by NASA as part of their siting process for a proposed wind farm at Plum Brook Station.