ML25211A131
| ML25211A131 | |
| Person / Time | |
|---|---|
| Site: | 07007038 |
| Issue date: | 07/30/2025 |
| From: | US Dept of Interior, Fish & Wildlife Service |
| To: | Arlene B Office of Nuclear Material Safety and Safeguards |
| References | |
| 2025-0128821 | |
| Download: ML25211A131 (1) | |
Text
07/30/2025 14:44:39 UTC United States Department of the Interior FISH AND WILDLIFE SERVICE Tennessee Ecological Services Field Office 446 Neal Street Cookeville, TN 38501-4027 Phone: (931) 528-6481 Fax: (931) 528-7075 In Reply Refer To:
Project Code: 2025-0128821 Project Name: Oak Ridge SSP-2 Site
Subject:
List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
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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 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.
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.
Attachment(s):
Official Species List
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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:
Tennessee Ecological Services Field Office 446 Neal Street Cookeville, TN 38501-4027 (931) 528-6481
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SUMMARY
Project Code:
2025-0128821 Project Name:
Oak Ridge SSP-2 Site Project Type:
Refining - Energy Project
Description:
Site at intersection of State Route 95 and 58 in Roane County TN to be developed for a uranium enrichment facility that will begin construction in 2026-2027 Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@35.9535185,-84.35428620630077,14z Counties: Roane County, Tennessee
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ENDANGERED SPECIES ACT SPECIES There is a total of 8 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.
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6 of 14 MAMMALS NAME STATUS Gray Bat Myotis grisescens No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6329 Endangered Indiana Bat Myotis sodalis There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5949 Endangered Tricolored Bat Perimyotis subflavus No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/10515 Proposed Endangered BIRDS NAME STATUS Whooping Crane Grus americana Population: U.S.A. (AL, AR, CO, FL, GA, ID, IL, IN, IA, KY, LA, MI, MN, MS, MO, NC, NM, OH, SC, TN, UT, VA, WI, WV, western half of WY)
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/758 Experimental Population, Non-Essential FISHES NAME STATUS Spotfin Chub Erimonax monachus 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/1521 Threatened 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 FLOWERING PLANTS NAME STATUS Virginia Spiraea Spiraea virginiana No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1728 Threatened White Fringeless Orchid Platanthera integrilabia Population:
Threatened
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NAME STATUS No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1889 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 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.
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8 of 14 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 Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.
https://ecos.fws.gov/ecp/species/1626 Breeds Sep 1 to Aug 31 PROBABILITY OF PRESENCE
SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report.
Probability of Presence ( )
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year.
Breeding Season ( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range.
Survey Effort ( )
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps.
No Data ( )
A week is marked as having no data if there were no survey events for that week.
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nodata surveyeffort breedingseason probabilityofpresence SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non-BCC Vulnerable Additional information can be found using the following links:
Eagle Management https://www.fws.gov/program/eagle-management Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/
collections/avoiding-and-minimizing-incidental-take-migratory-birds Nationwide avoidance and minimization measures for birds https://www.fws.gov/sites/
default/files/documents/nationwide-standard-conservation-measures.pdf Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action MIGRATORY BIRDS The Migratory Bird Treaty Act (MBTA) 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 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 Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.
https://ecos.fws.gov/ecp/species/1626 Breeds Sep 1 to Aug 31 1
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10 of 14 NAME BREEDING SEASON Black-billed Cuckoo Coccyzus erythropthalmus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9399 Breeds May 15 to Oct 10 Canada Warbler Cardellina canadensis This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9643 Breeds May 20 to Aug 10 Cerulean Warbler Setophaga cerulea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/2974 Breeds Apr 27 to Jul 20 Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9406 Breeds Mar 15 to Aug 25 Chuck-will's-widow Antrostomus carolinensis This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9604 Breeds May 10 to Jul 10 Eastern Whip-poor-will Antrostomus vociferus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/10678 Breeds May 1 to Aug 20 Golden-winged Warbler Vermivora chrysoptera This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/8745 Breeds May 1 to Jul 20 Kentucky Warbler Geothlypis formosa This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9443 Breeds Apr 20 to Aug 20 Prairie Warbler Setophaga discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9513 Breeds May 1 to Jul 31 Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9439 Breeds Apr 1 to Jul 31
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11 of 14 nodata surveyeffort breedingseason probabilityofpresence NAME BREEDING SEASON Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9398 Breeds May 10 to Sep 10 Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9478 Breeds elsewhere Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9431 Breeds May 10 to Aug 31 PROBABILITY OF PRESENCE
SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report.
Probability of Presence ( )
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year.
Breeding Season ( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range.
Survey Effort ( )
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps.
No Data ( )
A week is marked as having no data if there were no survey events for that week.
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
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12 of 14 Bald Eagle Non-BCC Vulnerable Black-billed Cuckoo BCC Rangewide (CON)
Canada Warbler BCC Rangewide (CON)
Cerulean Warbler BCC Rangewide (CON)
Chimney Swift BCC Rangewide (CON)
Chuck-will's-widow BCC - BCR Eastern Whip-poor-will BCC Rangewide (CON)
Golden-winged Warbler BCC Rangewide (CON)
Kentucky Warbler BCC Rangewide (CON)
Prairie Warbler BCC Rangewide (CON)
Prothonotary Warbler BCC Rangewide (CON)
Red-headed Woodpecker BCC Rangewide (CON)
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Rusty Blackbird BCC - BCR Wood Thrush BCC Rangewide (CON)
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Additional information can be found using the following links:
Eagle Management https://www.fws.gov/program/eagle-management Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/
collections/avoiding-and-minimizing-incidental-take-migratory-birds Nationwide avoidance and minimization measures for birds Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.
FRESHWATER FORESTED/SHRUB WETLAND PSS1A PFO1A RIVERINE R4SBC
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14 of 14 IPAC USER CONTACT INFORMATION Agency: Nuclear Regulatory Commission Name:
Briana Arlene Address: 11555 Rockville Pike City:
Rockville State:
MD Zip:
20852 Email briana.arlene@nrc.gov Phone:
3014151042