ML14167A084

2014/05/04 NRR E-mail Capture - Davis Besse Operating License Renewal

ML14167A084
Person / Time
Site:	Davis Besse
Issue date:	05/04/2014
From:	Finfera J US Dept of Interior, Fish & Wildlife Service
To:	Grange B A NRC/NRR/DLR/RERGUB
References
Download: ML14167A084 (6)

Text

1NRR-PMDAPEm Resource From:Finfera, Jennifer [jennifer_finfera@fws.gov]

Sent:Sunday, May 04, 2014 2:12 PM To:Grange, Briana

Subject:

Re: Davis Besse operating license renewal Briana, Is there any plans for Davis-Besse to renew its lease with Ottawa National Wildlife Refuge? and if so is there any documentation of this? The refuge is interested in the this and would like to contact someone at Davis-Besse about this.

Thank you,

On Fri, May 2, 2014 at 9:06 AM, Grange, Briana <

Briana.Grange@nrc.gov

> wrote:

Jenny, Thanks for getting in touch with me. Two weeks is perfect-I do not need a letter any sooner.

I read through your recommendations concerning the various species. As you indicated at the bottom of your email, the site is already disturbed since the Davis-Besse plant is already operating, and the proposed license renewal wouldn't involve any additional disturbances to natural habitats. I will, however, include your recommendations as mitigation measures that could avoid impacts in the project's final EIS in the circumstance that safety or other unforeseen reasons require tree or vegetation removal in the future. Thank you for including such detailed comments! It's helpful to be able to include this type of information so that our licensee understands what types of activities and times of the year could affect each species.

Briana ______________

Briana A. Grange Biologist U.S. Nuclear Regulatory Commission NRR/DLR/RERB (301) 415-1042 briana.grange@nrc.gov

2 From: Finfera, Jennifer [mailto:jennifer_finfera@fws.gov

] Sent: Friday, May 02, 2014 8:56 AM To: Grange, Briana

Subject:

Davis Besse operating license renewal Briana, I am coordinating with the Ottawa National Wildlife Refuge to see if they have any comments on this. I should be able to provide you a letter in the next 2 weeks. Please let me know if you need something sooner.

You have made determinations for the Indiana bat, pipi ng plover, eastern prairie fringed orchid, and Lakeside daisy. The proposed project also lies within the range of the northern long-eared bat (Myotis septentrionalis

), a species that is currently proposed for listing as federally endangered under the Endangered Species Act (ESA) (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.). The final listing decision for the northern long-eared bat is expected in October 2014. No critical habitat has been proposed at this time. Recently white-nos e syndrome (WNS), a novel fungal pathogen, has caused serious declines in the nor thern long-eared bat popul ation in the northea stern U.S. WNS has also been documented in Ohio, but the full extent of the impacts from WNS in Ohio is not yet known.

During winter, northern long-eared bats hiber nate in caves and abandoned mines. Summer habitat requirements for the species are not well defi ned but the following are considered important:

(1) Roosting habitat in dead or live trees and snags with cavities, peeling or exfoliating bark, split tree trunk and/or branches, which may be used as maternity roost areas; (2) Foraging habitat in upland and lowl and woodlots and tree lined corridors; (3) Occasionally they may roost in structures like barns and sheds.

Pursuant to section 7(a)(4) of the ESA, federal action agencies are required to confer with the Service if their proposed action is likely to jeopardize the continued existence of the northern long-eared bat (50 CFR 402.10(a)). Federal action agencies may also voluntarily c onfer with the Service if the proposed action may affect a proposed species. Nevertheless, species proposed for listing are not

afforded protection under the ESA; however as soon as a listing becomes effective, the prohibition against jeopardizing its continued existence and "take" appl ies regardless of an action's stage of completion. If the federal agency retains any discr etionary involvement or control over on-the-ground actions that may affect the species after listing, section 7 applies.

3 Since it appears that some fo rested habitat may be present at the proposed project site, we recommend that trees exhibiting any of the characteristics listed abov e, as well as any wooded areas or tree lined corridors be saved wherev er possible. If the trees must be cut, we recommend that they be cut between October 1 and March 31 to avoid impa cts to northern long-eared bats. Incorporating these conservation measures into your project at this time may avoid significant future project delays should the listing become official.

If implementation of the seasonal tree cutting timefr ame is not possible, we recommend that summer surveys be conducted to document the presence or probable absence of the northern long-eared bat within the project area duri ng the summer. Due to the potential fo r the surveyor to capture federally listed endangered Indiana bat s, the survey must be conducted by an approved surveyor and be designed and conducted in coordination with the Endangered Species Coordinator for this office.

The proposed project lies within the range of the Kirtland's warbler (Setophaga kirtlandii

), a federally listed endangered species. The Kirtland's warbler is a small blue-gray songbird with a bright yellow breast. This species migrates through Ohio in t he spring and fall, traveling between its breeding grounds in Michigan, Wisconsin, and Ontario and its wintering grounds in the Bahamas. While migration occurs in a broad front across the entire st ate, approximately half of all observations in Ohio have occurred within 3 miles of th e shore of Lake Erie. During migration, individual birds usually forage in shrub/scrub or forested habitat and may stay in one area fo r a few days. If clearing of suitable habitat cannot be avoided, to preclude adverse effects to Kirtland's warblers, clearing within 3 miles of the shoreline of Lake Er ie should not occur from April 22 nd - June 1 st, or from August 15 th - October 15 th. The proposed project lies within the range of the rufa red knot (Calidris canutus rufa

), a species that is currently proposed to be listed as federally threatened. The red knot is a shorebird that known to migrate through Ohio during the spring and fall. R ed knot migratory stopover habitat includes sand, gravel, or cobble beaches, and mudflats along the shore of Lake Erie. If the proposed project is expected to impact habitat of this type we recommend that further consultation with this office will be necessary.

The project also lies within the range of the eastern massasauga (Sistrurus catenatus

), a small, docile rattlesnake that is currently a Federal candidate species and the Lake Erie Watersnake (Nerodia sipedon insularum

), a state endangered species, and a Federal species of concern that was recently removed from the Federal list of E ndangered and Threatened Wildli fe and Plants due to recovery. Due to the project location and onsite habitat no impacts are expected for these species.

MIGRATORY BIRD COMMENTS: The pr oject lies within the range of the bald eagle (Haliaeetus leucocephalus

). Bald eagles are protected under the Migrat ory Bird Treaty Act (16 U.S.C. 703-712; 4MBTA), and are afforded additional legal protection under the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d, BGEPA). BGEPA prohibits, among other th ings, the killing and disturbance of eagles. Our records indicate that multiple bald eagle nests are located within 1/2 mile of the project area. To evaluate your project's potential to affect bald eagles, please visit:

http://www.fws.gov/midwest/MidwestBi rd/EaglePermits/baeatake/index.html

. In order to avoid take of bald eagles, we recommend that no tree clearing occur within 660 feet of a bald eagle nest or within any woodlot supporting a nes t tree. Further, we requ est that new activity within 660 feet of a nest or within the direct line-of

-site of a nest be restricted from January 15 through July 31. This will prevent disturbance of the eagles from the egg-laying period until the young fledge, which encompasses their most vulnerable times.

If these recommendations cannot be implemented and take of bald eagles is likely, a bald eagle take permit for this project may be necessary. Further in formation on eagle take pe rmits can be found at:

http://www.fws.gov/midwest/Midwe stBird/EaglePermits/index.html

. We realize that most of the area around the reactor has already been previously disturbed, however we recommend that if any vegetation clearing were necessary that it be comp leted as recommended above to avoid impacts to bats and birds. Please let us know if this is possible.

Thank you,

-- Jenny Finfera Wildlife Biologist Ecological Services

4625 Morse Road, Suite 104 Columbus, Ohio 43230

Phone: 614-416-8993 ext.13 5Fax: 614-416-8994

--

Jenny Finfera Wildlife Biologist Ecological Services 4625 Morse Road, Suite 104 Columbus, Ohio 43230

Phone: 614-416-8993 ext.13

Fax: 614-416-8994

Hearing Identifier: NRR_PMDA Email Number: 1367 Mail Envelope Properties (CAAtVZcO=Vd7ns6OQAEafvdfv12H5_fdPxTm=9KWCH5xR5pYDGg)

Subject:

Re: Davis Besse operating license renewal Sent Date: 5/4/2014 2:11:39 PM Received Date: 5/4/2014 2:11:42 PM From: Finfera, Jennifer Created By: jennifer_finfera@fws.gov Recipients: "Grange, Briana" <Briana.Grange@nrc.gov>

Tracking Status: None

Post Office: mail.gmail.com Files Size Date & Time MESSAGE 9089 5/4/2014 2:11:42 PM

Options Priority: Standard Return Notification: No Reply Requested: No Sensitivity: Normal Expiration Date: Recipients Received: