ML26093A008
| ML26093A008 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 04/02/2026 |
| From: | Ciappi M, Conover R US Dept of Interior, Fish & Wildlife Service |
| To: | Dehmer M Office of Nuclear Material Safety and Safeguards |
| References | |
| 2025-0110329 | |
| Download: ML26093A008 (0) | |
Text
v. 9/22/25 United States Department of the Interior FISH AND WILDLIFE SERVICE New Jersey Field Office 4 East Jimmie Leeds Road, Suite 4 Galloway, New Jersey 08205 (609) 646-9310 In Reply Refer To:
2025-0110329 Mitchell Dehmer U.S. Nuclear Regulatory Commission Office of Nuclear Material Safety and Safeguards Environmental Center of Expertise One White Flint North 11555 Rockville Pike Rockville, Maryland 20852-2738 Email: Mitchell.Dehmer@nrc.gov
Reference:
Oyster Creek Nuclear Generation Station License Termination Plan, Lacey and Ocean Townships, Ocean County, New Jersey The U.S. Fish and Wildlife Service (Service) has reviewed the above-referenced proposed project pursuant to the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C.
1531 et seq.) (ESA) and the Migratory Bird Treaty Act of 1918 (40 Stat. 755, as amended; 16 U.S.C. 703-712 et seq.) (MBTA). The following comments do not address all Service concerns for fish and wildlife resources and do not preclude separate review and comment by the Service as afforded by other applicable environmental legislation.
Federally Listed Species A known occurrence or potential habitat for the following federally listed threatened or endangered species is located in or near the projects action area. However, the Service concurs that the proposed project may affect but is not likely to adversely affect these species for the reasons stated below.
Species Basis for Determination American chaffseed (Schwalbea americana, endangered), Knieskerns beaked-rush (Rhynchospora knieskernii, threatened),
Multiple portions of the action area contain potentially suitable habitats for these species. However, the proposed action includes land disturbances only within previously disturbed industrial areas or manicured landscape areas. No direct impacts to wetlands, watercourses, undisturbed areas or areas that may be potentially suitable habitat for these species will occur. Soil erosion and sedimentation may impact suitable habitats beyond April 2, 2026
2 swamp pink (Helonias bullata, threatened) the construction areas. However, a soil erosion and sediment control plan will be used to prevent impacts beyond direct land disturbances. Additionally, existing stormwater controls route runoff away from undeveloped areas. The proposed construction (e.g., dismantlement or demolition of buildings) will create airborne dust that may drift into potentially suitable habitats for these species. However, no large-scale dust plumes are expected and best management practices to prevent airborne dust such as water sprays, enclosures, and controlled material handling would be implemented. All activities will also remain with the boundaries submitted via email from the Service to the Nuclear Regulatory Commission on March 26, 2026, which is within the previously disturbed operational footprint of the generation station.
Due to the reasons above, it is extremely unlikely that impacts to these species will occur or effects are expected to be so minor that they cannot be meaningfully measured, detected, or evaluated. As such, effects are expected to be insignificant or discountable.
Eastern black rail (Laterallus jamaicensis jamaicensis, threatened) and rufa red knot (Calidris canutus rufa, threatened)
Multiple portions of the action area contain potentially suitable habitats for these species. However, the proposed action includes land disturbances only within previously disturbed industrial areas or manicured landscape areas. No direct impacts to wetlands, watercourses, shorelines, intertidal areas, undisturbed areas or areas that are potentially suitable habitat for these species will occur. The closest potentially suitable habitats for these species are located outside of the limits of disturbance and east of Route 9. Soil erosion and sedimentation may impact suitable habitats beyond the construction areas. However, a soil erosion and sediment control plan will be used to prevent impacts beyond direct land disturbances. Additionally, existing stormwater controls route runoff away from undeveloped areas. The proposed construction (e.g., dismantlement or demolition of buildings) will create airborne dust that may drift into potentially suitable habitats for these species. However, no large-scale dust plumes are expected and best management practices to prevent airborne dust such as water sprays, enclosures, and controlled material handling would be implemented. Visual and noise effects from drilling and other construction activities may disturb these species. However, from a review of aquatic resources via Geographic Information Systems and aerial imagery, it appears the closest potentially suitable habitat is approximately 1000 feet away from the construction zone. Also, any noise higher than baseline noise levels during demolition activities are expected to be short in duration or infrequent. Work will also primarily be
3 conducted during daylight hours and any necessary lighting at night will be downward facing. All activities will also remain with the boundaries submitted via email from the Service to the Nuclear Regulatory Commission on March 26, 2026, which is within the previously disturbed operational footprint of the generation station.
Due to the reasons above, it is extremely unlikely that impacts to these species will occur or effects are expected to be so minor that they cannot be meaningfully measured, detected, or evaluated. As such, effects are expected to be insignificant or discountable.
Northern long-eared bat (Myotis septentrionalis, endangered)
The Services northern long-eared bat and tricolored bat range-wide determination key was used on November 28, 2025 to evaluate effects for the proposed action. The questions answered indicated that no tree clearing or other actions that would require further review by the Service are proposed. As such, the results of the determination key indicated that the proposed action is not likely to adversely affect the northern long-eared bat. If the proposed action does not change from the answers provided on the November 28, 2025 determination key, no further action for northern long-eared bat is necessary. Please refer to that letter for additional details.
Except for the above-mentioned species, no other federally listed threatened or endangered species under Service jurisdiction are known to occur within the proposed projects action area.
Therefore, no further consultation pursuant to the ESA is required.
As provided in 50 CFR §402.16, reinitiation of consultation is required and shall be requested by the Federal action agency where discretionary Federal involvement or control over the action has been retained or is authorized by law and:
- 1. If new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered;
- 2. If the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in this letter; or
- 3. If a new species is listed or critical habitat designated that may be affected by the identified action.
The monarch butterfly (Danaus plexippus, proposed threatened) and tricolored bat (Perimyotis subflavus, proposed endangered) may occur within the action area. This project is not likely to jeopardize the continued existence of these species; therefore, ESA Section 7(a)(4) conference is not required. Once a final rule to list the monarch butterfly or tricolored bat is published and goes into effect (typically 30-60 days after publication), Section 7(a)(2) requirements for consultation and Section 9 prohibitions against unpermitted take of the species will apply. The Services northern long-eared bat and tricolored bat range-wide determination key was used on November
4 28, 2025. The results indicated that the proposed action is not likely to adversely affect the tricolored bat. If the proposed project is not completed prior to the effective date of a final rule to list the tricolored bat, please reinitiate consultation with the Service to confirm that the determination key results are still accurate. If the proposed project is not completed prior to the effective date of a final rule to list the monarch butterfly, the action agency should assess the projects potential impacts to monarch butterflies and reinitiate consultation with the Service if remaining project activities may affect the species. For assistance, contact the New Jersey Field Office. Information on the monarch butterfly is available at https://www.fws.gov/species/monarch-danaus-plexippus. Information on the tricolored bat is available at https://www.fws.gov/species/tricolored-bat-perimyotis-subflavus.
The Service encourages adherence to best management practices for avoiding impacts to proposed species and improving habitat where possible. Please see the following for narratives and best practices for these species in New Jersey: https://www.fws.gov/media/narratives-and-best-practices-federally-listed-proposed-and-candidate-species-new-jersey.
Bird Conservation Please be aware that the MBTA prohibits certain actions that result in the wounding, killing, trapping, capturing, or collecting of migratory birds and their nests or eggs, without prior authorization by the Service. For actions that are prohibited pursuant to the MBTA, please contact the Services Migratory Bird Program for information on permitting (https://www.fws.gov/program/migratory-bird-permit).
The Service recommends considering general stressors that may impact birds, such as vegetation removal or alteration (including spread of invasive species), ground disturbance, structures (e.g.,
window glass, tall features, overhead powerlines, entrapment hazards), lighting, noise, chemical hazards, features or activities that may promote free-ranging cat or predator populations, watercourse disturbances where birds may be present, and human presence. Migratory birds are protected year-round but are particularly vulnerable during their breeding season (March 15 to September 15 for many species). If impacts to suitable breeding habitat (e.g., woody and herbaceous vegetation, bridges) are proposed, we recommend conducting field surveys of those areas no more than five days before project activities to locate any nests, eggs, and flightless birds. If breeding birds are present in your projects action area, the Service recommends postponing activities and/or implementing conservation measures that minimize disturbance.
Year-round, if native migratory birds are present within active/proposed work areas, the Service recommends providing an opportunity for those birds to leave before work occurs.
Please refer to the Migratory Birds section of your IPaC Report for additional information on birds of conservation concern that may occur in the action area, including their breeding season dates and web links to help identify stressors and inform conservation measures.
5 Other Wildlife Resources Please refer to this offices website at https://www.fws.gov/office/new-jersey-ecological-services/
for the National Bald Eagle Management Guidelines and information from the New Jersey Natural Heritage and the Endangered and Nongame Species Programs regarding State-listed and other species of concern.
Reviewing Biologist: _______________________________
Michael Ciappi Authorizing Supervisor: _______________________________
Ross Conover MICHAEL CIAPPI Digitally signed by MICHAEL CIAPPI Date: 2026.04.02 12:07:21 -04'00' ROSS CONOVER Digitally signed by ROSS CONOVER Date: 2026.04.02 12:46:57 -04'00'