ML24250A041

From kanterella
Revision as of 12:58, 24 November 2024 by StriderTol (talk | contribs) (StriderTol Bot change)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to navigation Jump to search
Fws to NRC, Perry Nuclear Plant, Unit 1, License Renewal List of Threatened and Endangered Species That May Occur in Your Proposed Project Location or May Be Affected
ML24250A041
Person / Time
Site: Perry FirstEnergy icon.png
Issue date: 09/06/2024
From:
US Dept of Interior, Fish & Wildlife Service
To: Arlene B
Office of Nuclear Material Safety and Safeguards
References
2024-0006782
Download: ML24250A041 (1)


Text

09/06/2024 12:39:23 UTC United States Department of the Interior FISH AND WILDLIFE SERVICE Ohio Ecological Services Field Office 4625 Morse Road, Suite 104 Columbus, OH 43230-8355 Phone: (614) 416-8993 Fax: (614) 416-8994 In Reply Refer To:

Project Code: 2024-0006782 Project Name: Perry Nuclear Power Plant, Unit 1, License Renewal

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 IPaC 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)

(c)). For projects other than major construction activities, the Service suggests that a biological

Project code: 2024-0006782 09/06/2024 12:39:23 UTC

2 of 7

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 Migratory Bird Permit l What We Do l U.S. Fish & Wildlife Service (fws.gov).

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.

Attachment(s):

Official Species List

Project code: 2024-0006782 09/06/2024 12:39:23 UTC

3 of 7 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:

Ohio Ecological Services Field Office 4625 Morse Road, Suite 104 Columbus, OH 43230-8355 (614) 416-8993

Project code: 2024-0006782 09/06/2024 12:39:23 UTC

4 of 7 PROJECT

SUMMARY

Project Code:

2024-0006782 Project Name:

Perry Nuclear Power Plant, Unit 1, License Renewal Project Type:

Power Gen - Nuclear Project

Description:

In May 2023, Energy Harbor Nuclear Generation LLC (Energy Harbor) submitted an application to the U.S. Nuclear Regulatory Commission (NRC) requesting the NRC's renewal of the operating license no. NPF-58 for Perry Nuclear Power Plant, Unit 1. This nuclear power plant lies on the shore of Lake Erie in Lake County in North Perry Village and Perry Township, Ohio, about thirty-five miles northeast of Cleveland, Ohio. If approved, the renewed license would authorize Energy Harbor to continue operating Perry for an additional 20 years through November 7, 2046.

Operating conditions would not change under license renewal, and Energy Harbor proposes no new construction, tree removal, or ground-disturbing activities as part of the license renewal.

Project Location:

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

www.google.com/maps/@41.80241455,-81.14367669369054,14z Counties: Lake County, Ohio

Project code: 2024-0006782 09/06/2024 12:39:23 UTC

5 of 7 1.

ENDANGERED SPECIES ACT SPECIES There is a total of 3 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.

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

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.

1

Project code: 2024-0006782 09/06/2024 12:39:23 UTC

6 of 7 MAMMALS NAME STATUS Indiana Bat Myotis sodalis There is final critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/5949 Endangered BIRDS NAME STATUS Rufa Red Knot Calidris canutus rufa There is proposed critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/1864 Threatened INSECTS NAME STATUS Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/9743 Candidate CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.

YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES.

Project code: 2024-0006782 09/06/2024 12:39:23 UTC

7 of 7 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