ML21040A485

Fws to NRC, Verification Letter for Point Beach SLR Under Programmatic Biological Opinion for Northern Long-eared Bat

ML21040A485
Person / Time
Site:	Point Beach, 05000226
Issue date:	02/09/2021
From:	US Dept of Interior, Fish & Wildlife Service
To:	Briana Grange Office of Nuclear Material Safety and Safeguards
Briana Grange 301-415-1042
References
03E17000-2021-E-02446, 03E17000-2021-TA-0702
Download: ML21040A485 (6)

Text

United States Department of the Interior FISH AND WILDLIFE SERVICE Green Bay Ecological Services Field Office 2661 Scott Tower Drive New Franken, WI 54229-9565 Phone: (920) 866-1717 Fax: (920) 866-1710 In Reply Refer To: February 09, 2021 Consultation code: 03E17000-2021-TA-0702 Event Code: 03E17000-2021-E-02446 Project Name: Point Beach Nuclear Plant, Units 1 and 2, Subsequent License Renewal

Subject:

Verification letter for the 'Point Beach Nuclear Plant, Units 1 and 2, Subsequent License Renewal' project under the January 5, 2016, Programmatic Biological Opinion on Final 4(d) Rule for the Northern Long-eared Bat and Activities Excepted from Take Prohibitions.

Dear Briana Grange:

The U.S. Fish and Wildlife Service (Service) received on February 09, 2021 your effects determination for the 'Point Beach Nuclear Plant, Units 1 and 2, Subsequent License Renewal' (the Action) using the northern long-eared bat (Myotis septentrionalis) key within the Information for Planning and Consultation (IPaC) system. This IPaC key assists users in determining whether a Federal action is consistent with the activities analyzed in the Services January 5, 2016, Programmatic Biological Opinion (PBO). The PBO addresses activities excepted from "take"[1] prohibitions applicable to the northern long-eared bat under the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et seq.).

Based upon your IPaC submission, the Action is consistent with activities analyzed in the PBO.

The Action may affect the northern long-eared bat; however, any take that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Unless the Service advises you within 30 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that the PBO satisfies and concludes your responsibilities for this Action under ESA Section 7(a)(2) with respect to the northern long-eared bat.

Please report to our office any changes to the information about the Action that you submitted in IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick northern long-eared bats that are found during Action implementation. If the Action is not completed within one year of the date of this letter, you must update and resubmit the information required in the IPaC key.

02/09/2021 Event Code: 03E17000-2021-E-02446 2 This IPaC-assisted determination allows you to rely on the PBO for compliance with ESA Section 7(a)(2) only for the northern long-eared bat. It does not apply to the following ESA-protected species that also may occur in the Action area:

Pitcher's Thistle Cirsium pitcheri Threatened If the Action may affect other federally listed species besides the northern long-eared bat, a proposed species, and/or designated critical habitat, additional consultation between you and this Service office is required. If the Action may disturb bald or golden eagles, additional coordination with the Service under the Bald and Golden Eagle Protection Act is recommended.

[1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct [ESA Section 3(19)].

02/09/2021 Event Code: 03E17000-2021-E-02446 3 Action Description You provided to IPaC the following name and description for the subject Action.

1. Name Point Beach Nuclear Plant, Units 1 and 2, Subsequent License Renewal

2. Description The following description was provided for the project 'Point Beach Nuclear Plant, Units 1 and 2, Subsequent License Renewal':

In November 2020, NextEra Energy Point Beach LLC submitted an application to the U.S. Nuclear Regulatory Commission (NRC) requesting the NRC's renewal of the operating license nos. DPR-24 and DPR-27 for Point Beach Nuclear Plant, Units 1 and 2, in Two Rivers, Wisconsin. If approved, the renewed license would authorize NextEra to continue operating Point Beach for an additional 20 years through October 5, 2050 (Unit 1) and March 8, 2053 (Unit 2). Operating conditions would not change under license renewal, and NextEra proposes no new construction, tree removal, or ground-disturbing activities as part of the license renewal.

Approximate location of the project can be viewed in Google Maps: https://www.google.com/

maps/@44.28650045,-87.53106995980244,14z Determination Key Result This Federal Action may affect the northern long-eared bat in a manner consistent with the description of activities addressed by the Services PBO dated January 5, 2016. Any taking that may occur incidental to this Action is not prohibited under the final 4(d) rule at 50 CFR

§17.40(o). Therefore, the PBO satisfies your responsibilities for this Action under ESA Section 7(a)(2) relative to the northern long-eared bat.

Determination Key

Description:

Northern Long-eared Bat 4(d) Rule

02/09/2021 Event Code: 03E17000-2021-E-02446 4 This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision.

This key is intended for actions that may affect the threatened northern long-eared bat.

The purpose of the key for Federal actions is to assist determinations as to whether proposed actions are consistent with those analyzed in the Services PBO dated January 5, 2016.

Federal actions that may cause prohibited take of northern long-eared bats, affect ESA-listed species other than the northern long-eared bat, or affect any designated critical habitat, require ESA Section 7(a)(2) consultation in addition to the use of this key. Federal actions that may affect species proposed for listing or critical habitat proposed for designation may require a conference under ESA Section 7(a)(4).

02/09/2021 Event Code: 03E17000-2021-E-02446 5 Determination Key Result This project may affect the threatened Northern long-eared bat; therefore, consultation with the Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (87 Stat.884, as amended; 16 U.S.C. 1531 et seq.) is required. However, based on the information you provided, this project may rely on the Services January 5, 2016, Programmatic Biological Opinion on Final 4(d) Rule for the Northern Long-Eared Bat and Activities Excepted from Take Prohibitions to fulfill its Section 7(a)(2) consultation obligation.

Qualification Interview

1. Is the action authorized, funded, or being carried out by a Federal agency?

Yes

2. Have you determined that the proposed action will have no effect on the northern long-eared bat? (If you are unsure select "No")

No

3. Will your activity purposefully Take northern long-eared bats?

No

4. [Semantic] Is the project action area located wholly outside the White-nose Syndrome Zone?

Automatically answered No

5. Have you contacted the appropriate agency to determine if your project is near a known hibernaculum or maternity roost tree?

Location information for northern long-eared bat hibernacula is generally kept in state Natural Heritage Inventory databases - the availability of this data varies state-by-state.

Many states provide online access to their data, either directly by providing maps or by providing the opportunity to make a data request. In some cases, to protect those resources, access to the information may be limited. A web page with links to state Natural Heritage Inventory databases and other sources of information on the locations of northern long-eared bat roost trees and hibernacula is available at www.fws.gov/midwest/endangered/

mammals/nleb/nhisites.html.

Yes

6. Will the action affect a cave or mine where northern long-eared bats are known to hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or other alteration) of a hibernaculum?

No

7. Will the action involve Tree Removal?

No

02/09/2021 Event Code: 03E17000-2021-E-02446 6 Project Questionnaire If the project includes forest conversion, report the appropriate acreages below.

Otherwise, type 0 in questions 1-3.

1. Estimated total acres of forest conversion:

0

2. If known, estimated acres of forest conversion from April 1 to October 31 0

3. If known, estimated acres of forest conversion from June 1 to July 31 0

If the project includes timber harvest, report the appropriate acreages below.

Otherwise, type 0 in questions 4-6.

4. Estimated total acres of timber harvest 0

5. If known, estimated acres of timber harvest from April 1 to October 31 0

6. If known, estimated acres of timber harvest from June 1 to July 31 0

If the project includes prescribed fire, report the appropriate acreages below.

Otherwise, type 0 in questions 7-9.

7. Estimated total acres of prescribed fire 0

8. If known, estimated acres of prescribed fire from April 1 to October 31 0

9. If known, estimated acres of prescribed fire from June 1 to July 31 0

If the project includes new wind turbines, report the megawatts of wind capacity below. Otherwise, type 0 in question 10.

10. What is the estimated wind capacity (in megawatts) of the new turbine(s)?

0