ML24109A283

U.S. Fish and Wildlife Service - List of Threatened and Endangered Species for the Cimarron Site

ML24109A283
Person / Time
Site:	07000925
Issue date:	04/18/2024
From:	US Dept of Interior, Fish & Wildlife Service
To:	NRC/NMSS/DREFS/ERMB
References
Download: ML24109A283 (1)

Text

United States Department of the Interior

FISH AND WILDLIFE SERVICE Oklahoma Ecological Services Field Office 9014 East 21st Street Tulsa, OK 74129-1428 Phone: (918) 581-7458 Fax: (918) 581-7467

In Reply Refer To: 04/18/2024 20:57:51 UTC Project Code: 2023-0113658 Project Name: NRC review of Decommissioning Plan for Cimarron Site, Logan County, Oklahoma

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)

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(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.

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, intentional or unintentional, 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.

The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. 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.

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Attachment(s):

Official Species List 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:

Oklahoma Ecological Services Field Office 9014 East 21st Street Tulsa, OK 74129-1428 (918) 581-7458

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PROJECT

SUMMARY

Project Code: 2023-0113658 Project Name: NRC review of Decommissioning Plan for Cimarron Site, Logan County, Oklahoma Project Type: Non-NPL Site Remediation Project

Description:

The U.S. NRC received a request from Environmental Properties Management, LLC (EPM), the trustee for the Cimarron Environmental Response Trust (CERT or licensee), to amend License SNM-928 to approve a decommissioning plan (DP) for groundwater remediation on the site of the former Cimarron Fuel Fabrication Facility (Cimarron site) in Logan County, Oklahoma. The DP is available through this link:

https://www.nrc.gov/docs/ML2228/ML22286A041.html.

If the NRC approves the DP and issues the license amendment, CERT would be authorized to complete the decommissioning of the site by installing systems to pump and treat groundwater to reduce the concentrations of uranium that exceed NRC limits. Groundwater remediation will allow for the eventual unrestricted release of the site from the NRC license. The license will remain in effect until it is terminated by the NRC.

The Cimarron site is situated along the southern bank of the Cimarron River near the intersection of Highways 74 and 33, approximately seven miles south of Crescent, Oklahoma. The site currently consists of approximately 500 acres of rolling hills and floodplain. Several miles of gravel roads, a gravel parking area, and one office building remain on the property.

Between 1965 and 1975, Kerr-McGee Nuclear Corporation (Kerr-McGee) manufactured nuclear fuel at the site under two NRC licenses. During that period, waste was buried in three locations and wastewater containing licensed material was stored in impoundments in accordance with regulatory requirements. Wastewater from the impoundments was discharged to the Cimarron River, also in accordance with regulatory requirements.

The site has been in a decommissioning status since production activities ceased in 1976, and most of the decommissioning activities are now complete. Previous decommissioning activities included decontamination of facilities, pipelines and grounds (including burials and impoundments),

offsite disposal of contaminated solid waste, and onsite disposal of contaminated soils. The only decommissioning activities that need to be completed are associated with the removal of contaminants from groundwater in areas where concentrations exceed the NRCs unrestricted

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release criteria. The DP proposes the installation in two onsite areas of groundwater treatment systems. These two areas are known as the Western Area and Burial Area #1. The treatment systems to be installed include extraction and injection pipes and trenches and above-ground treatment systems housed in a building (Western Area) or modular enclosure (Burial Area #1). Treated water would be reinjected into the ground to drive affected groundwater toward the extraction systems. Any treated water not used for reinjection would be discharged to the Cimarron River in accordance with a permit to be issued by the Oklahoma Department of Environmental Quality.

Project Location:

The approximate location of the project can be viewed in Google Maps: https://

www.google.com/maps/@35.884500849999995,-97.57820639340044,14z

Counties: Logan County, Oklahoma

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ENDANGERED SPECIES ACT SPECIES There is a total of 7 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. Note that 1 of these species should be considered only under certain conditions.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, 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.

1. 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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MAMMALS NAME STATUS Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered This species only needs to be considered under the following conditions:

This species only needs to be considered if the project includes wind turbine operations.

Species profile: https://ecos.fws.gov/ecp/species/10515

BIRDS NAME STATUS Piping Plover Charadrius melodus Threatened 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 Rufa Red Knot Calidris canutus rufa Threatened There is proposed critical habitat for this species.

Species profile: https://ecos.fws.gov/ecp/species/1864 Whooping Crane Grus americana Endangered 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/758

FISHES NAME STATUS Arkansas River Shiner Notropis girardi Threatened Population: Arkansas River Basin (AR, KS, NM, OK, TX)

There is final critical habitat for this species. Your location overlaps the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/4364 Peppered Chub Macrhybopsis tetranema Endangered There is final critical habitat for this species. Your location overlaps the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/532

INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/9743

CRITICAL HABITATS There are 2 critical habitats wholly or partially within your project area under this office's jurisdiction.

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NAME STATUS Arkansas River Shiner Notropis girardi Final https://ecos.fws.gov/ecp/species/4364#crithab Peppered Chub Macrhybopsis tetranema Final https://ecos.fws.gov/ecp/species/532#crithab

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 Act1 and the Migratory Bird Treaty Act2.

Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles".

1. The Bald and Golden Eagle Protection Act of 1940.

2. The Migratory Birds Treaty Act of 1918.

3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)

THERE ARE NO BALD AND GOLDEN EAGLES WITHIN THE VICINITY OF YOUR PROJECT AREA.

MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Act2.

Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats3 should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles".

1. The Migratory Birds Treaty Act of 1918.

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2. The Bald and Golden Eagle Protection Act of 1940.

3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)

THERE ARE NO FWS MIGRATORY BIRDS OF CONCERN WITHIN THE VICINITY OF YOUR PROJECT AREA.

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 PSS/EM1Fh PSS2C

FRESHWATER EMERGENT WETLAND PEM1C

RIVERINE R4SBC R2USC R5UBH R2UBH R5UBF

FRESHWATER POND PUBHh PAB4Hx PUBHx

LAKE L1UBHh

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IPAC USER CONTACT INFORMATION Agency: Nuclear Regulatory Commission Name: Christine Pineda Address:11545 Rockville Pike City: Rockville State: MD Zip: 20852 Email christine.pineda@nrc.gov Phone: 3014156789

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