ML25154A112
| ML25154A112 | |
| Person / Time | |
|---|---|
| Site: | Kemmerer File:TerraPower icon.png |
| Issue date: | 04/10/2025 |
| From: | US Dept of Interior, Fish & Wildlife Service, Wyoming Ecological Services Field Office |
| To: | NRC/NMSS/DREFS/ETRB1 |
| References | |
| 2025-0081927 | |
| Download: ML25154A112 (1) | |
Text
04/10/2025 22:40:43 UTC United States Department of the Interior FISH AND WILDLIFE SERVICE Wyoming Ecological Services Field Office 334 Parsley Boulevard Cheyenne, WY 82007-4178 Phone: (307) 772-2374 Fax: (307) 772-2358 Email Address: wyominges@fws.gov In Reply Refer To:
Project Code: 2025-0081927 Project Name: Terrapower EIS
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 (ESA) 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 note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the ESA, 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.
Please feel free to contact us if you need more information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. We also encourage you to visit the Wyoming Ecological Services website at https://fws.gov/office/wyoming-ecological-services.
The purpose of the ESA 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 ESA 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
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2 of 15 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 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.
We also recommend you consider the following information when assessing impacts to federally listed species, as well as migratory birds, and other trust resources:
Colorado River and Platte River Systems: Federal agencies must consult with the Service under section 7 of the ESA for projects in Wyoming that may lead to water depletions or have the potential to impact water quality in the Colorado River system or the Platte River system, because these actions my affect threatened and endangered species inhabiting the downstream reaches of these river systems. 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: 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 and for the Colorado River species, please visit https://coloradoriverrecovery.org/uc/.
Migratory Birds: The Migratory Bird Treaty Act (16 U.S.C. 703-712; MBTA), enacted in 1918, prohibits the taking of any migratory birds, their parts, nests, or eggs except as permitted by regulations. Section 703 of the MBTA states, Unless and except as permitted by regulations... it shall be unlawful at any time, by any means or in any manner, to... take, capture, kill, attempt to take, capture, or kill, or possess... any migratory bird, any part, nest, or eggs of any such bird.... Except for introduced species and some upland game birds, almost all birds occurring in the wild in the United States are protected (50 CFR 10.13).
The Service has identified bird species of highest conservation priority in the 2021 Birds of Conservation Concern Report (https://www.fws.gov/migratorybirds/pdf/management/birds-of-conservation-concern-2021.pdf). In accordance with the Fish and Wildlife Conservation Act (16 USC 2912 (a)(3)), this report identifies species, subspecies, and populations of all migratory nongame birds that, without additional conservation actions, are likely to become candidates for listing under the ESA. This report is intended to stimulate coordinated and proactive conservation actions among federal, state, and private partners. Even if there is no federal nexus, the Project can take proactive, voluntary actions to benefit migratory birds. The following website contains recommendations for the protection of migratory birds (https://www.fws.gov/
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program/migratory-birds). Guidance for minimizing impacts to migratory birds for projects that include communication towers can be found at https://www.fws.gov/sites/default/files/documents/usfws-communication-tower-guidance.pdf.
The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d; Eagle Act) prohibits knowingly taking, or taking with wanton disregard for the consequences of an activity, any bald or golden eagles or their body parts, nests, or eggs, which includes collection, molestation, disturbance, destruction, or killing. Eagle nests are protected whether they are active or inactive. Removal or destruction of nests, or causing abandonment of a nest could constitute a violation of the Eagle Act. Projects affecting eagles may require development of an eagle conservation plan (https://www.fws.gov/library/collections/bald-and-golden-eagle-management).
Additionally, wind energy projects should follow the wind energy guidelines (https://www.fws.gov/media/land-based-wind-energy-guidelines) for minimizing impacts to migratory birds and bats.
In addition to MBTA and the Eagle Act, 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 avoiding and minimizing incidental take of migratory birds, please visit https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-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 ESA. Please include the Project Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office using our WyomingES@fws.gov email address or the letterhead address above.
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:
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4 of 15 Wyoming Ecological Services Field Office 334 Parsley Boulevard Cheyenne, WY 82007-4178 (307) 772-2374
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5 of 15 PROJECT
SUMMARY
Project Code:
2025-0081927 Project Name:
Terrapower EIS Project Type:
Power Gen - Nuclear Project
Description:
Terrapower Nuclear CP Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@41.705837349999996,-110.56054604965561,14z Counties: Lincoln County, Wyoming
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ENDANGERED SPECIES ACT SPECIES There is a total of 9 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 5 of these species should be considered only under certain conditions.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.
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MAMMALS NAME STATUS North American Wolverine Gulo gulo luscus No critical habitat has been designated for this species.
This species only needs to be considered under the following conditions:
Species may be present based on transient occurrence as it moves through or too suitable habitat. Effects should be considered to species and projects should consult with the Service, however, depending on the project, consultation may not be necessary.
Species profile: https://ecos.fws.gov/ecp/species/5123 Threatened BIRDS NAME STATUS Yellow-billed Cuckoo Coccyzus americanus Population: Western U.S. 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/3911 Threatened FISHES NAME STATUS Bonytail Gila elegans There is final critical habitat for this species. Your location does not overlap the critical habitat.
This species only needs to be considered under the following conditions:
Water depletions in the upper Colorado River basin adversely affect this species and its critical habitat. Effects of water depletions must be considered even outside of occupied range.
Species profile: https://ecos.fws.gov/ecp/species/1377 Endangered Colorado Pikeminnow Ptychocheilus lucius 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.
This species only needs to be considered under the following conditions:
Water depletions in the upper Colorado River basin adversely affect this species and its critical habitat. Effects of water depletions must be considered even outside of occupied range.
Species profile: https://ecos.fws.gov/ecp/species/3531 Endangered Humpback Chub Gila cypha There is final critical habitat for this species. Your location does not overlap the critical habitat.
This species only needs to be considered under the following conditions:
Water depletions in the upper Colorado River basin adversely affect this species and its critical habitat. Effects of water depletions must be considered even outside of occupied range.
Species profile: https://ecos.fws.gov/ecp/species/3930 Threatened Razorback Sucker Xyrauchen texanus There is final critical habitat for this species. Your location does not overlap the critical habitat.
This species only needs to be considered under the following conditions:
Endangered
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NAME STATUS Water depletions in the upper Colorado River basin adversely affect this species and its critical habitat. Effects of water depletions must be considered even outside of occupied range.
Species profile: https://ecos.fws.gov/ecp/species/530 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 Suckley's Cuckoo Bumble Bee Bombus suckleyi Population:
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/10885 Proposed Endangered FLOWERING PLANTS NAME STATUS Ute Ladies'-tresses Spiranthes diluvialis No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2159 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.
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.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
BALD & GOLDEN EAGLES Bald and Golden Eagles are protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act (MBTA). Any person or organization who plans or conducts activities that may result in impacts to Bald or Golden Eagles, or their habitats, should follow 2
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appropriate regulations and consider implementing appropriate avoidance and minimization measures, as described in the various links on this page.
The Bald and Golden Eagle Protection Act of 1940.
The Migratory Birds Treaty Act of 1918.
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 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 Golden Eagle Aquila chrysaetos 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/1680 Breeds Jan 1 to Aug 31
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no data survey effort breeding season probability of presence 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.
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Golden 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
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MIGRATORY BIRDS The Migratory Bird Treaty Act (MBTA) 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.
The Migratory Birds Treaty Act of 1918.
The Bald and Golden Eagle Protection Act of 1940.
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.
NAME BREEDING SEASON Black Rosy-finch Leucosticte atrata This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9460 Breeds Jun 15 to Aug 31 Broad-tailed Hummingbird Selasphorus platycercus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/11935 Breeds May 25 to Aug 21 Cassin's Finch Haemorhous cassinii This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9462 Breeds May 15 to Jul 15 Golden Eagle Aquila chrysaetos 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/1680 Breeds Jan 1 to Aug 31 Rufous Hummingbird Selasphorus rufus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/8002 Breeds Apr 15 to Jul 15 Western Grebe aechmophorus occidentalis This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/6743 Breeds Jun 1 to Aug 31 1
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12 of 15 no data survey effort breeding season probability of presence NAME BREEDING SEASON Willet Tringa semipalmata This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/10669 Breeds Apr 20 to Aug 5 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.
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Black Rosy-finch BCC Rangewide (CON)
Broad-tailed Hummingbird BCC Rangewide (CON)
Cassin's Finch BCC Rangewide (CON)
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Golden Eagle Non-BCC Vulnerable Rufous Hummingbird BCC Rangewide (CON)
Western Grebe BCC Rangewide (CON)
Willet 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.
LAKE L2USA L1UBHh L2USCh L2ABGb L2ABGh FRESHWATER EMERGENT WETLAND PEM1B PEM1C
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PEM1A PEM1Fx PEM1Fh PEM1Ah PEM1Ch PEM1F FRESHWATER FORESTED/SHRUB WETLAND PFOA PSSA PSSC RIVERINE R4SBC R2UBHx R4SBA R4SBCx R2USC R5UBH R2UBH FRESHWATER POND PABFh PABFx PABGh PUSCh PUBGx PUSAh PUSC PUBFx PUSCx PUSAx PABF
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15 of 15 IPAC USER CONTACT INFORMATION Agency: Nuclear Regulatory Commission Name:
Peyton Doub Address: PO Box 306 City:
Keedysville State:
MD Zip:
21756 Email peyton.doub@nrc.gov Phone:
2405294212