ML032801127
| ML032801127 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 10/02/2003 |
| From: | Anschutz S US Dept of Interior, Fish & Wildlife Service |
| To: | Kuo P Division of Regulatory Improvement Programs |
| Cushing J, NRR/DRIP/RLEP, 415-1424 | |
| References | |
| TAC MB3402 | |
| Download: ML032801127 (3) | |
Text
10/02/03 THU 15:51 FAX 4025336597 OPPD FCS NSRG United States Department of the Interior FISH AND WILDLIFE SERVICE
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EcologjaiP Services Ncbmka Ficd OM=
203 We Second Stmet GrAnd Tsland, Nebrusa 68801 October 2, 2003 Mr. Pao-Tsin Kuo Program Director Division of Regulatory Improvrnent Programs Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington. D.C.. 20555-0001
Dear Mr. Kuo:
On December 16,2002, the U.S. Fish and Wildlife Service (Service) received a letter dated December 9,2002, from the U.S. Nuclear Regulatory Comwission (NRC) requesting comments from the Service on a Biological Assessment (Assessment) of the Potential Impats to Thrctened and Endangered Species Resulting from an Additional 20 Years of Opleraiion of the Fort Calhoun Station (P:CS), Unit 1, Nuclear Power Plant (TAC No. MB3402), located in Washington County, Ncbraska. The Assessment deterined th the proposed action was not likely to adversely uffct the federally listed endangered pallid sturgeon (Scaphirhynchus albus) or the threatened bald eagle (Haltieetus leucocephalus). In addition, the Assessment stated that the proposed action would have no cffect on the federally listed threatened western prairie fringed orchid (Platanwhera praeclara) and pipAng plover (Charadrius melodus), or tbe endangered least tem (Sterna antillarum). The December 9 letter requested concurrence from the Service.
Altcr reviewing tho Assessment, the Service concurred that the proposed action was not likely to adversely affect the bald eagle, and would have no effict on the western prainie finged orchid, piping plover-, or least tern. However; the Service concludcd thal additional information was require4 before-an evaluation could be completed to dctermine whether the Servicc would be able to concur with a not likely to adversely agffct determination for the pallid sturgeon. The Service was conccmed about the impact of heated Water, which is released from the faility, on pallid sturgeon spawning, and the potential f&t imnpingmint or entainment of pallid sturgeon larvae. The Serviccequcst itthe additional infonmztin in a letter to NRC dated January13, 2003.
NRC provided the additional information in a letter dated May 30,2003. After reviewing the additional information, the Service concluded that pallid sturgeon larvae may potentially be taken under the proposed action, and did rot Concur with NRC's not likely to adversely affect la 002
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determination for the pallid sturgeon. In a letter dated July 2,2003i the Service requested that NRC undcrtake one of the following conservation measures, pt ofthe fer tion, to minimize or compensate for, project effects on the pallid sturgeon; Measure 1; Conduct a 3-year larval monitoring study at FCS to determine the impacts of the facility on pallid sturgeon larvae.
Measure 2: Forgo the larval mnonitoring study (Measure 1), and pursue structural modifications at FCS, using the best available technology., which would either minimize or avoid the take of pallid sturgeon larvae.
If NRC chose not to commit to either Measure 1 or 2, the Service requested that NRC request initiation offormal section 7 consultation with the Service.
On August, 2003, the Service met with representatives from the Omaha Public Power District (OPPD) to discuss the Servicc'& July 2 letter. At the meeting, OPPO officials stated that they:
were not willing to do a larval monitoring study or make structural modifications at FCS, other than modifications required by the pending Environmental Protection Agency 316(b) regulations.
However, OPPD was willing to consider fiuding a pallid sturgeon habitat restoration project on the Missouri River that would be beneficial to and contribute toward the recovery of.the pallid sturgeon. The Service agreed to provide OPPD withoptions for potential habitat restoration projects. The enclosed item conceptually describes three potential project ideas that the Service provided to OPPD for consideration under cover of an August 29, 2003, E-mail message. The potential projects were discussed with OPPD during a September 10, 2003. meeting, and OPPD agreed to provide one-time funding to accomplish a modified verion of the Service's Optipn 1 (Outside Bend Revetment Notching), henceforth referred to as a conservation measure.
In a September 23. 2003. letter to the Scrvice, OPPD documented the conservation measure which was agreed upon at the September 10 meeting. OPPD's September 23 letter states "Under the conservation measure, OPPD will provide one-time funding (up to a maximum of $100,000):
to be used for a pallid sturgeon habitat restoration/conservation project on the Missouri River. A priority project proposed at the September 10th meeting involves the notching.of revetments and wing dikes along the Missouri River within the boundaries of the DeSoto National Wildlife Refuge. This projctf will be designed and implemented by the FWS and NGPC, in cooperation with the U.S. Army Corps of Engineers. This OPPD funding conunitment; however, may include other pallid sturgeon aitat restoration/conservation projects as mutually agreed uporn by OPPD, FWS, andNGPC.: Transfer of the funding to a mutually'agreeable account will fulfill IlI OPPD responsibilities under this agreement It was also mutually agreed that periodic reportig of project progress and expenditires will be providcd to-OPPD." During z September 26, 2003, telephone conversation, Mr. Thomas Matthews (OPPD Nuclear Licensing Supervisor) concurred with the Sirvice's request that OPPD provide one-time funding in the amount of SO1,00.
OPPD has agreed to deposit $100,000 into a DeSoto National Wildlife Refuge (NWR)
Goverrnent or Fricnds Group holding account by October 22, 2003. In an October 2, 2003, e 003
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.3 letter to OPPD, the Service affirmed that the deposit of $100,000 into a holding account,.to be used to complete the aforementioned conservation measure, would minimize or compensate for the potential adverse impacts of the proposed federal action on the pallid sturgeon Therefore, based on the OPPD's agreement to complete thfe conservation measure, the Service concurs that the proposed fedral action is -not likely to adversely affect the pallid sturgeon.
Reinitiation of consultation with the Service will be required under section 7(a)(2) of the.
Endangered Specics Act of 1973, as amended if the proposed actLion is changed in any way. The Service understands that this letter will be included in the FCS docket, and that NRC will provide a docketed response aicknowledging this letter and closing the informal consultation process.
If you or members of your staff have any questions regarding this matter, please contact Mr.
Wally Jobman within our office at (308)382-6468, cxicnsion 16.
Sincerely, Steve Anschutz Nebraska Field Supervisor Enclosure cc: AES, R-6, MS 60120 (Attn: Bob McCue)
FWS; Bismarek, ND (Attn: Steve Krentz)
NRC; Washington, D.C. (Attn: Jack Cusbing)
EPA; Kansas City, KS (Attn: John Dunn)
NQGPC; Lincoln, NE (Attn.; Frank Albrecht)
NDEQ; Lincoln, NE (Attn: Mike Linder)
OPPD;1Omaha, NE (Attn: Bill Neal)