ML24016A228

Fws to NRC, Federal Agency Coordination Under ESA Section 7 and Concurrence That Monticello SLR Is Not Likely to Adversely Affect the Northern long-eared Bat

ML24016A228
Person / Time
Site:	Monticello
Issue date:	06/27/2023
From:	US Dept of Interior, Fish & Wildlife Service
To:	Arlene B Office of Nuclear Material Safety and Safeguards
References
2023-0098374
Download: ML24016A228 (1)

Text

United States Department of the Interior

FISH AND WILDLIFE SERVICE Minnesota-Wisconsin Ecological Services Field Office 3815 American Blvd East Bloomington, MN 55425-1659 Phone: (952) 858-0793 Fax: (952) 646-2873

In Reply Refer To: June 27, 2023 Project code: 2023-0098374 Project Name: Monticello Subsequent License Renewal

Federal Nexus: yes Federal Action Agency (if applicable): Nuclear Regulatory Commission

Subject:

Federal agency coordination under the Endangered Species Act, Section 7 for

'Monticello Subsequent License Renewal'

Dear Briana Arlene:

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 June 27, 2023, for

'Monticello Subsequent License Renewal' (here forward, Project). This project has been assigned Project Code 2023-0098374 and all future correspondence should clearly reference this number.

Please carefully review this letter. Your Endangered Species Act (Act) requirements may not be 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 Rangewide Determination Key (DKey), invalidates this letter. Answers to certain questions in the DKey commit the project proponent to implementation of conservation measures that must be followed for the ESA determination to remain valid.

Determination for the Northern Long-Eared Bat Based upon your IPaC submission and a standing analysis completed by the Service, your project has reached the determination of May Affect, Not Likely to Adversely Affect the northern long-eared bat. Unless the Service advises you within 15 days of the date of this letter that your 06/27/2023 2

IPaC-assisted determination was incorrect, this letter verifies that consultation on the Action is complete and no further action is necessary unless either of the following occurs:

new information reveals effects of the action that may affect the northern long-eared bat in a manner or to an extent not previously considered; or, the identified action is subsequently modified in a manner that causes an effect to the northern long-eared bat that was not considered when completing the determination key.

15-Day Review Period As indicated above, the Service will notify you within 15 calendar days if we determine that this proposed Action does not meet the criteria for a may affect, not likely to adversely affect (NLAA) determination for the northern long-eared bat. If we do not notify you within that timeframe, you may proceed with the Action under the terms of the NLAA concurrence provided here. This verification period allows the identified Ecological Services Field Office to apply local knowledge to evaluation of the Action, as we may identify a small subset of actions having impacts that we did not anticipate when developing the key. In such cases, the identified Ecological Services Field Office may request additional information to verify the effects determination reached through the Northern Long-eared Bat DKey.

Other Species and Critical Habitat that May be Present in the Action Area The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA-protected species and/or critical habitat that also may occur in your Action area:

Monarch Butterfly Danaus plexippus Candidate Tricolored Bat Perimyotis subflavus Proposed Endangered Whooping Crane Grus americana Experimental Population, Non-Essential

You may coordinate with our Office to determine whether the Action may affect the species and/

or critical habitat listed above. Note that reinitiation of consultation would be necessary if a new species is listed or critical habitat designated that may be affected by the identified action before it is complete.

If you have any questions regarding this letter or need further assistance, please contact the Minnesota-Wisconsin Ecological Services Field Office and reference Project Code 2023-0098374 associated with this Project.

06/27/2023 3

Action Description You provided to IPaC the following name and description for the subject Action.

1. Name Monticello Subsequent License Renewal

2. Description The following description was provided for the project 'Monticello Subsequent License Renewal':

In January 2023, Xcel Energy submitted an application to the U.S. Nuclear Regulatory Commission (NRC) requesting the NRC's renewal of the operating license no. DPR-22 for Monticello Nuclear Generating Plant, Unit 1, in Wright County, Minnesota. If approved, the renewed license would authorize Xcel Energy to continue operating Monticello h for an additional 20 years through September 8, 2050. Operating conditions would not change under license renewal, and Xcel Energy proposes no new construction, tree removal, or ground-disturbing activities as part of the license renewal.

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

www.google.com/maps/@45.330964949999995,-93.8315358371581,14z

06/27/2023 4

DETERMINATION KEY RESULT Based on the answers provided, the proposed Action is consistent with a determination of may affect, but not likely to adversely affect for the Endangered northern long-eared bat (Myotis septentrionalis).

QUALIFICATION INTERVIEW

1. Does the proposed project include, or is it reasonably certain to cause, intentional take of the northern long-eared bat 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

2. Do you have post-white nose syndrome occurrence data that indicates that northern long-eared bats (NLEB) are likely to be present in the action area?

Bat occurrence data may include identification of NLEBs in hibernacula, capture of NLEBs, tracking of NLEBs to roost trees, or confirmed acoustic detections. With this question, we are looking for data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife Service.

No

3. Does any component of the action involve construction or operation of wind turbines?

Note: For federal actions, answer yes if the construction or operation of wind power facilities is either (1) part of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.).

No

4. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part?

Yes

5. 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

06/27/2023 5

6. 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.

Yes

7. 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

8. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)?

No

9. Have you determined that your proposed action will have no effect on the northern long-eared bat? Remember to consider the effects of any activities that would not occur but for the proposed action.

If you think that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, answer No below and continue through the key. If you have determined that the northern long-eared bat does not occur in your projects action area and/or that your project will have no effects whatsoever on the species despite the potential for it to occur in the action area, you may make a no effect determination for the northern long-eared bat.

Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, please answer No and continue through the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS would be required if your action may affect another listed species or critical habitat. The definition of Effects of the Action can be found here: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions No

10. [Semantic] Is the action area located within 0.5 miles of a known northern long-eared 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

06/27/2023 6

11. Does the action area contain any caves (or associated sinkholes, fissures, or other karst features), mines, rocky outcroppings, or tunnels that could provide habitat for hibernating northern long-eared bats?

No

12. Does the action area contain or occur within 0.5 miles of (1) talus or (2) anthropogenic or naturally formed rock crevices in rocky outcrops, rock faces or cliffs?

No

13. Is suitable summer habitat for the northern long-eared bat present within 1000 feet of project activities?

(If unsure, answer "Yes.")

Note: If there are trees within the action area that are of a sufficient size to be potential roosts for bats (i.e., live trees and/or snags 3 inches (12.7 centimeter) dbh), answer "Yes". If unsure, additional information defining suitable summer habitat for the northern long-eared bat can be found at: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions Yes

14. Will the action cause effects to a bridge?

No

15. Will the action result in effects to a culvert or tunnel?

No

16. Does the action include the intentional exclusion of northern long-eared bats from a building or 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 are present, answer Yes. Answer No if there are no signs of bat use in the building/structure. If unsure, contact your local U.S. Fish and Wildlife Services Ecological Services Field Office to help assess whether northern long-eared 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

17. Does the action involve removal, modification, or maintenance of a human-made structure (barn, house, or other building) known or suspected to contain roosting bats?

No

06/27/2023 7

18. 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

19. Will the action include or cause any construction or other activity that is reasonably certain to increase average daily traffic 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.)..

No

20. Will the action include or cause any construction or other activity that is reasonably certain to increase the number of travel lanes on an existing thoroughfare?

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

21. 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)?

No

22. 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

23. Will the action include drilling or blasting?

No

24. 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

25. Will the proposed action involve the use of herbicides or pesticides other than herbicides (e.g., fungicides, insecticides, or rodenticides)?

Yes

26. Will the action result in herbicide use that may affect suitable summer habitat for the northern long-eared bat?

Note: Additional information defining suitable summer habitat for the northern long-eared bat can be found at:

https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions No

06/27/2023 8

27. Will the action include or cause the application or drift of pesticides other than herbicides (e.g., fungicides, insecticides, or rodenticides) into forested areas that are suitable summer habitat for the northern long-eared bat? Answer "Yes" if the application may result in transport (e.g., in water) or aerial drift of the pesticide into forested areas that are suitable summer habitat for the northern long-eared bat.

Note: Additional information defining suitable summer habitat for the northern long-eared bat can be found at:

https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions No

28. Will the action include or cause activities that are reasonably certain to cause chronic nighttime noise in suitable summer habitat for the northern long-eared bat? Chronic noise is noise that is continuous or occurs repeatedly again and again for a long time.

Note: Additional information defining suitable summer habitat for the northern long-eared bat can be found at:

https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions No

29. Does the action include, or is it reasonably certain to cause, the use of artificial lighting within 1000 feet of suitable northern long-eared bat roosting habitat?

Note: Additional information defining suitable roosting habitat for the northern long-eared bat can be found at:

https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions No

30. Will the action include tree cutting or other means of knocking down or bringing down trees, tree topping, or tree trimming?

No

31. Will the action result in the use of prescribed fire?

No

32. Will the action cause noises that are louder than ambient baseline noises within the action area?

No

06/27/2023 9

PROJECT QUESTIONNAIRE Will all project activities by completed by April 1, 2024?

No

06/27/2023 10

IPAC USER CONTACT INFORMATION Agency: Nuclear Regulatory Commission Name: Briana Arlene Address:11555 Rockville Pike City: Rockville State: MD Zip: 20852 Email briana.arlene@nrc.gov Phone: 3014151042