ML25297A171
| ML25297A171 | |
| Person / Time | |
|---|---|
| Site: | 05000614, 99902117 |
| Issue date: | 10/24/2025 |
| From: | Long Mott Energy |
| To: | Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML25297A164 | List: |
| References | |
| 2025-PLM-NRC-012 | |
| Download: ML25297A171 (1) | |
Text
07/29/2025 21:08:59 UTC United States Department of the Interior FISH AND WILDLIFE SERVICE Texas Coastal Ecological Services Field Office 17629 El Camino Real, Suite 211 Houston, TX 77058-3051 Phone: (281) 286-8282 Fax: (281) 488-5882 In Reply Refer To:
Project code: 2025-0005742 Project Name: Test Federal Nexus: yes Federal Action Agency (if applicable): Nuclear Regulatory Commission
Subject:
Technical assistance for 'Test'
Dear Jonathan Bourdeau:
This letter records your determination using the Information for Planning and Consultation (IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on July 29, 2025, for
'Test' (here forward, Project). This project has been assigned Project Code 2025-0005742 and all future correspondence should clearly reference this number. Please carefully review this letter.
Your Endangered Species Act (Act) requirements are not complete.
Ensuring Accurate Determinations When Using IPaC The Service developed the IPaC system and associated species determination keys in accordance with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) and based on a standing analysis. All information submitted by the Project proponent into IPaC must accurately represent the full scope and details of the Project. Failure to accurately represent or implement the Project as detailed in IPaC or the Northern Long-eared Bat and Tricolored Bat Range-wide Determination Key (Dkey), invalidates this letter.
Determination for the Northern Long-Eared Bat and Tricolored Bat Based on your IPaC submission and a standing analysis completed by the Service, you determined the proposed Project will have the following effect determinations:
Species Listing Status Determination Tricolored Bat (Perimyotis subflavus)
Proposed Endangered May affect Other Species and Critical Habitat that May be Present in the Action Area TEST PROJECT ONLY
Project code: 2025-0005742 IPaC Record Locator: 273-108974692 07/29/2025 21:08:59 UTC DKey Version Publish Date: 07/18/2025 2 of 11
The IPaC-assisted determination key for the northern long-eared bat and tricolored bat does not apply to the following ESA-protected species and/or critical habitat that also may occur in your Action area:
Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened Green Sea Turtle Chelonia mydas Threatened Hawksbill Sea Turtle Eretmochelys imbricata Endangered Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered Monarch Butterfly Danaus plexippus Proposed Threatened Northern Aplomado Falcon Falco femoralis septentrionalis Endangered Piping Plover Charadrius melodus Threatened Rufa Red Knot Calidris canutus rufa Threatened Whooping Crane Grus americana Endangered You may coordinate with our Office to determine whether the Action may cause prohibited take of the species listed above.
Conclusion Consultation with the Service is not complete. Further consultation or coordination with the Service is necessary for those species or designated critical habitats with a determination of May Affect. A May Affect determination in this key indicates that the project, as entered, is not consistent with the questions in the key. Not all projects that reach a May Affect determination are anticipated to result in adverse impacts to listed species. These projects may result in a No Effect, May Affect, Not Likely to Adversely Affect, or May Affect, Likely to Adversely Affect determination depending on the details of the project. Please contact our Texas Coastal Ecological Services Field Office to discuss methods to avoid or minimize potential adverse effects to those species or designated critical habitats.
Federal agencies must consult with U.S. Fish and Wildlife Service under section 7(a)(2) of the Endangered Species Act (ESA) when an action may affect a listed species. Tricolored bat is proposed for listing as endangered under the ESA, but not yet listed. For actions that may affect a proposed species, agencies cannot consult, but they can confer under the authority of section 7(a)
(4) of the ESA. Such conferences can follow the procedures for a consultation and be adopted as such if and when the proposed species is listed. Should the tricolored bat be listed, agencies must review projects that are not yet complete, or projects with ongoing effects within the tricolored bat range that previously received a NE or NLAA determination from the key to confirm that the determination is still accurate. Projects that receive a may affect determination for tricolored bat through the key, should contact the appropriate Ecological Services Field Office if they want to conference on this species.
TEST PROJECT ONLY
Project code: 2025-0005742 IPaC Record Locator: 273-108974692 07/29/2025 21:08:59 UTC DKey Version Publish Date: 07/18/2025 3 of 11 Action Description You provided to IPaC the following name and description for the subject Action.
- 1. Name Test
- 2. Description The following description was provided for the project 'Test':
Test The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@28.52603705,-96.76268080164712,14z TEST PROJECT ONLY
Project code: 2025-0005742 IPaC Record Locator: 273-108974692 07/29/2025 21:08:59 UTC DKey Version Publish Date: 07/18/2025 4 of 11 1.
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DETERMINATION KEY RESULT Based on the answers provided, the proposed Action is consistent with a determination of may affect for a least one species covered by this determination key.
QUALIFICATION INTERVIEW Does the proposed project include, or is it reasonably certain to cause, intentional take of listed bats or any other listed species?
Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to research, direct species management, surveys, and/or studies that include intentional handling/encountering, harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed species?
No Is the action area wholly within Zone 2 of the year-round active area for northern long-eared bat and/or tricolored bat?
Automatically answered Yes Your project overlaps with Zone 2 of the area where northern long-eared bats and tricolored bats may be present and roosting in trees year-round.
Do you understand that your project may impact bats at any time during the year?
Yes Does the proposed action involve wind or solar energy?
No Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part?
Note for projects in Pennsylvania: Projects requiring authorization under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act would be considered as having a federal nexus. Since the U.S.
Army Corps of Engineers (Corps) has issued the Pennsylvania State Programmatic General Permit (PASPGP),
which may be verified by the PA Department of Environmental Protection or certain Conservation Districts, the need to receive a Corps authorization to perform the work under the PASPGP servesas a federal nexus. As such, if proposing to use the PASPGP, you would answer yes to this question.
Yes Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA),
or Federal Transit Administration (FTA) funding or authorizing the proposed action, in whole or in part?
No TEST PROJECT ONLY
Project code: 2025-0005742 IPaC Record Locator: 273-108974692 07/29/2025 21:08:59 UTC DKey Version Publish Date: 07/18/2025 5 of 11 7.
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Are you an employee of the federal action agency or have you been officially designated in writing by the agency as its designated non-federal representative for the purposes of Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08?
Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and to help determine whether an incidental take permit may be needed, respectively. This question is for information purposes only.
No Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC) funding or authorizing the proposed action, in whole or in part?
No Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)?
No
[Semantic] Is the action area located within 0.5 miles of a known bat hibernaculum? Note:
The map queried for this question contains proprietary information and cannot be displayed. If you need additional information, please contact your State wildlife agency.
Automatically answered No Does the action area contain any winter roosts or caves (or associated sinkholes, fissures, or other karst features), mines, rocky outcroppings, or tunnels that could provide habitat for hibernating bats?
No Will the action cause effects to a bridge?
Note: Covered bridges should be considered as bridges in this question.
No Will the action result in effects to a culvert or tunnel at any time of year?
No Are trees present within 1000 feet of the action area?
Note: If there are trees within the action area that are of a sufficient size to be potential roosts for bats answer "Yes". If unsure, additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in Appendix A of the USFWS Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines at: https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines.
Yes TEST PROJECT ONLY
Project code: 2025-0005742 IPaC Record Locator: 273-108974692 07/29/2025 21:08:59 UTC DKey Version Publish Date: 07/18/2025 6 of 11 15.
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Does the action include the intentional exclusion of bats from a building or building-like structure? Note: Exclusion is conducted to deny bats entry or reentry into a building. To be effective and to avoid harming bats, it should be done according to established standards. If your action includes bat exclusion and you are unsure whether northern long-eared bats or tricolored bats are present, answer Yes. Answer No if there are no signs of bat use in the building/structure. If unsure, contact your local Ecological Services Field Office to help assess whether northern long-eared bats or tricolored bats may be present. Contact a Nuisance Wildlife Control Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to find a NWCO certified in bat standards, search the Internet using the search term National Wildlife Control Operators Association bats). Also see the White-Nose Syndrome Response Team's guide for bat control in structures.
No Does the action involve removal, modification, or maintenance of a human-made building-like structure (barn, house, or other building) known or suspected to contain roosting bats?
No Will the action cause construction of one or more new roads open to the public?
For federal actions, answer yes when the construction or operation of these facilities is either (1) part of the federal action or (2) would not occur but for an action taken by a federal agency (federal permit, funding, etc.).
No Will the action include or cause any construction or other activity that is reasonably certain to increase average night-time traffic permanently or temporarily on one or more existing roads? Note: For federal actions, answer yes when the construction or operation of these facilities is either (1) part of the federal action or (2) would not occur but for an action taken by a federal agency (federal permit, funding, etc.)..
Yes Will the increased vehicle traffic occur on any road that lies between any two areas of contiguous forest that are each greater than or equal to 10 acres in extent and are separated by less than 1,000 feet? Bats may cross a road by flying between forest patches that are up to 1,000 feet apart.
Note: "Contiguous forest" of 10 acres or more may includes areas where multiple forest patches are separated by less than 1,000 feet of non-forested area if the forested patches, added together, comprise at least 10 acres.
Yes For every 1,000 feet of road where increased traffic is expected, will there be at least one place where bats could cross the road corridor by flying less than 33 feet (10 meters) between trees whose tops are at least 66 feet (20 meters) higher than the road surface?
No TEST PROJECT ONLY
Project code: 2025-0005742 IPaC Record Locator: 273-108974692 07/29/2025 21:08:59 UTC DKey Version Publish Date: 07/18/2025 7 of 11 21.
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Will the proposed Action involve the creation of a new water-borne contaminant source (e.g., leachate pond, pits containing chemicals that are not NSF/ANSI 60 compliant)?
Note: For information regarding NSF/ANSI 60 please visit https://www.nsf.org/knowledge-library/nsf-ansi-standard-60-drinking-water-treatment-chemicals-health-effects No Will the proposed action involve the creation of a new point source discharge from a facility other than a water treatment plant or storm water system?
No Will the action include drilling or blasting?
Yes Will the drilling or blasting produce noise or vibrations above existing background levels that will affect suitable summer habitat for northern long-eared bats and/or tricolored bats?
Note: Additional information defining suitable suitable summer habitat for the northern long-eared bat and/or tricolored bat, can be found in Appendix A in the USFWS' Range-wide Indiana Bat and Northern long-eared Bat Survey Guidelines at: https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines Yes Will the action involve military training (e.g., smoke operations, obscurant operations, exploding munitions, artillery fire, range use, helicopter or fixed wing aircraft use)?
No Will the proposed action involve the use of herbicides or other pesticides other than herbicides (e.g., fungicides, insecticides, or rodenticides)?
Yes Your project overlaps with an area where northern long-eared bats or tricolored bats may be present and roosting in trees year-round.
Will the action result in herbicide use that may affect suitable habitat for the northern long-eared bat or tricolored bat?
Note: Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in Appendix A of the USFWS Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines at: https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines.
Yes TEST PROJECT ONLY
Project code: 2025-0005742 IPaC Record Locator: 273-108974692 07/29/2025 21:08:59 UTC DKey Version Publish Date: 07/18/2025 8 of 11 28.
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Your project overlaps with an area where northern long-eared bats or tricolored bats may be present and roosting in trees year-round.
Will all herbicide use that may affect suitable summer habitat for the northern long-eared bat or tricolored bat include only targeted application methods like hack-and-squirt, basal bark, injections, cut-stump, or spot-spraying (foliar spraying on individual herbaceous plants with no foliar spraying of deciduous tree leaves or Spanish moss)?
Note: Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in Appendix A of the USFWS Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines at: https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines.
No Does the action area intersect the tricolored bat species list area?
Automatically answered Yes
[Semantic] Is the action area located within 0.5 miles of radius of an entrance/opening to any known tricolored bat hibernacula?
Note: The map queried for this question contains proprietary information and cannot be displayed. If you need additional information, please contact your State wildlife agency.
Automatically answered No
[Semantic] Is the action area located within 0.25 miles of a culvert that is known to be occupied by northern long-eared or tricolored bats? Note: The map queried for this question contains proprietary information and cannot be displayed. If you need additional information, please contact your State wildlife agency.
Automatically answered No Your project overlaps with an area where tricolored bats may be present and roosting in trees year-round.
Has a presence/probable absence survey for the tricolored bat following the Services Range-wide Indiana Bat and Northern Long-Eared Bat Survey Guidelines been conducted within the project area? If unsure, answer No.
No TEST PROJECT ONLY
Project code: 2025-0005742 IPaC Record Locator: 273-108974692 07/29/2025 21:08:59 UTC DKey Version Publish Date: 07/18/2025 9 of 11 33.
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Your project overlaps with an area where tricolored bats may be present and roosting in trees year-round.
Is suitable tricolored bat habitat present within 1000 feet of project activities? Note: If there are trees within the action area that may provide potential roosts for tricolored bats (e.g., clusters of leaves in live and dead deciduous trees, Spanish moss (Tillandsia usneoides), clusters of dead pine needles of large live pines) answer "Yes." Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in Appendix A of the USFWS Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines at: https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines.
Yes Do you have any documents that you want to include with this submission?
No TEST PROJECT ONLY
Project code: 2025-0005742 IPaC Record Locator: 273-108974692 07/29/2025 21:08:59 UTC DKey Version Publish Date: 07/18/2025 10 of 11 PROJECT QUESTIONNAIRE TEST PROJECT ONLY
Project code: 2025-0005742 IPaC Record Locator: 273-108974692 07/29/2025 21:08:59 UTC DKey Version Publish Date: 07/18/2025 11 of 11 IPAC USER CONTACT INFORMATION Agency: Private Entity Name:
Jonathan Bourdeau Address: 123 Test Street City:
Test State:
GA Zip:
30144 Email jonathan.bourdeau@wsp.com Phone:
4045551234 LEAD AGENCY CONTACT INFORMATION Lead Agency: Nuclear Regulatory Commission TEST PROJECT ONLY