ML26064A010
| ML26064A010 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 03/03/2026 |
| From: | US Dept of Interior, Fish & Wildlife Service |
| To: | Office of Nuclear Material Safety and Safeguards |
| References | |
| 2026-0006607 | |
| Download: ML26064A010 (0) | |
Text
03/03/2026 20:20:09 UTC United States Department of the Interior FISH AND WILDLIFE SERVICE Texas Coastal & Central Plains Esfo 17629 El Camino Real, Suite 211 Houston, TX 77058-3051 Phone: (281) 286-8282 Fax: (281) 488-5882 In Reply Refer To:
Project Code: 2026-0006607 Project Name: Project Matador Nuclear Units 1 to 4
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 attached species list identifies threatened, endangered, proposed, and candidate species, as well as designated and proposed critical habitat, that may occur within the boundary of your project area 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.). Project related correspondence or questions should be directed to the appropriate field office based on the county of occurrence (refer to the map of Texas field office jurisdictions for contact information).
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 attached 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
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projects may affect threatened and endangered species and/or designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.
After evaluating the potential effects of a proposed action on federally listed species, one of the following determinations should be made by the Federal action agency:
No effect-the appropriate determination when a project, as proposed, is anticipated to have no effects to listed species or critical habitat. A"no effect" determination does not require section 7 consultation and no coordination or contact with the Service is necessary. However, the action agency should maintain a complete record of their evaluation, including the steps leading to the determination of affect, the qualified personnel conducting the evaluation, habitat conditions, site photographs, and any other related information.
May affect, but is not likely to adversely affect -the appropriate determination when a proposed actions anticipated effects to listed species or critical habitat are insignificant, discountable, or completely beneficial. Insignificant effects relate to the size of the impact and should never reach the scale where "take" of a listed species occurs.Discountable effects are those extremely unlikely to occur.Based on best judgment, a person would not be able to meaningfully measure, detect, or evaluate insignificant effects, or expect discountable effects to occur. This determination requires written concurrence from the Service.A biological evaluation or other supporting information justifying this determination should be submitted with a request for written concurrence.
May affect, is likely to adversely affect -the appropriate determination if any adverse effect to listed species or critical habitat may occur as a consequence of the proposed action, and the effect is not discountable or insignificant.?This determination requires formal section 7 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.
Non-Federal entities may coordinate under Sections 9 and 10 of the Act. Section 9 and Federal regulations prohibit the take of endangered and threatened species, respectively, without special exemption."Take" is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such
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conduct. Should the proposed project have the potential to take listed species, the Service recommends that the applicant develop a Habitat Conservation Plan and obtain a section 10(a)(1)(B) permit (see the Habitat Conservation Planning Handbook Toolbox for more information).
Migratory Birds and Eagles:
The attached list also provides information on the potential occurrence of migratory birds and eagles, which are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. For more information, including contacts for our Migratory Bird Offices, visit the Migratory Bird Program page.
We appreciate your concern for threatened and endangered species. The Service encourages Federal action 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 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:
Texas Coastal & Central Plains Esfo 17629 El Camino Real, Suite 211 Houston, TX 77058-3051 (281) 286-8282
Project code: 2026-0006607 03/03/2026 20:20:09 UTC 4 of 12 PROJECT
SUMMARY
Project Code:
2026-0006607 Project Name:
Project Matador Nuclear Units 1 to 4 Project Type:
Power Gen - Nuclear Project
Description:
Combined License from NRC for Proposed Project Matador Nuclear Units 1 to 4. Four AP-1000 nuclear units to supply power to the Project Matador project.
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@35.3015219,-101.58215623026665,14z Counties: Carson and Potter counties, Texas
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ENDANGERED SPECIES ACT SPECIES There is a total of 5 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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Project code: 2026-0006607 03/03/2026 20:20:09 UTC 6 of 12 BIRDS NAME STATUS Piping Plover Charadrius melodus Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered.
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6039 General project design guidelines:
https://ipac.ecosphere.fws.gov/project/Z2E4GRHERBAZ5JOPL5OMJA6SLQ/documents/
generated/11502.pdf Threatened Rufa Red Knot Calidris canutus rufa There is proposed critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/1864 General project design guidelines:
https://ipac.ecosphere.fws.gov/project/Z2E4GRHERBAZ5JOPL5OMJA6SLQ/documents/
generated/11502.pdf Threatened FISHES NAME STATUS Arkansas River Shiner Notropis girardi Population: Arkansas River Basin (AR, KS, NM, OK, TX)
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/4364 Threatened Peppered Chub Macrhybopsis tetranema There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/532 Endangered INSECTS NAME STATUS Monarch Butterfly Danaus plexippus There is proposed critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/9743 Proposed Threatened CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES.
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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.
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.
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nodata surveyeffort breedingseason probabilityofpresence 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 Dec 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.
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
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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 Ferruginous Hawk Buteo regalis 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/6038 Breeds Mar 15 to Aug 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 Dec 1 to Aug 31 Grasshopper Sparrow Ammodramus savannarum perpallidus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/8329 Breeds Jun 1 to Aug 20 Northern Harrier Circus hudsonius 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/8350 Breeds Apr 1 to Sep 15 1
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nodata surveyeffort breedingseason probabilityofpresence 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 Ferruginous Hawk BCC - BCR Golden Eagle Non-BCC Vulnerable Grasshopper Sparrow BCC - BCR Northern Harrier BCC - BCR 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
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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.
THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA.
Project code: 2026-0006607 03/03/2026 20:20:09 UTC 12 of 12 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