ML041890197

Biological Assessment for License Renewal of the Joseph M. Farley Nuclear Plant, Units 1 and 2, and a Request for Informal Consultation

ML041890197
Person / Time
Site:	Farley
Issue date:	07/02/2004
From:	Kuo P NRC/NRR/DRIP/RLEP
To:	Goldman L US Dept of Interior, Fish & Wildlife Service
Cushing J, NRR/DPIP, RLEP, 415-1424
References
Download: ML041890197 (53)

Text

July 2, 2004 Mr. Larry Goldman Field Supervisor U.S. Fish and Wildlife Service P.O. Drawer 1190 Daphne, Alabama 35626

SUBJECT:

BIOLOGICAL ASSESSMENT FOR LICENSE RENEWAL OF THE JOSEPH M.

FARLEY NUCLEAR PLANT, UNITS 1 AND 2, AND A REQUEST FOR INFORMAL CONSULTATION

Dear Mr. Goldman:

The U.S. Nuclear Regulatory Commission (NRC) has prepared the enclosed biological assessment (BA) to evaluate whether the proposed renewal of the Joseph M. Farley Nuclear Power Plant, Units 1 and 2 (Farley) operating licenses for a period of an additional 20 years would have adverse effects on listed species. The proposed action (license renewal) is not a major construction activity. Farley is located on the west bank of the Chattahoochee River at approximately River Km 70 (RK, or River Mile 43.5) between the George W. Andrews (4.8 km

[3 mi] upstream) and the Jim Woodruff Lock and Dam (70.8 km [44 mi] downstream).

By letter dated November 26, 2003, (Kuo 2003), the NRC requested a list of Federally threatened or endangered species that may be in the vicinity of Farley and its associated transmission lines. In a letter dated February 6, 2004, (Goldman 2004) the U.S. Fish and Wildlife Service (FWS) provided a list of Federally threatened or endangered species. The FWS identified the following freshwater mussel species: one threatened species, the purple bankclimber (Elliptoideus sloatianus); and three endangered species, shinyrayed pocketbook (Lampsilis [Villosa] subangulata), Gulf moccasinshell (Medionidus penicillatus), and oval pigtoe (Pleurobema pyriforme). In its February 6, 2004, letter, the FWS also concurred with Southern Nuclear Companys (SNC) terrestrial species survey results, but expressed concerns regarding maintenance of transmission line rights-of-way.

For documentation purposes, the NRC has addressed terrestrial species and the Gulf sturgeon in the enclosed BA (Enclosure 1), as well as the 4 freshwater mussels identified by the FWS in your February 6, 2004, letter. In addition, the NRC also included the fat threeridge mussel (Amblema neislerii) and the Chipola slabshell mussel (Elliptio chipolaensis). Thus this BA provides an evaluation of the potential impact of renewing the Farley Units 1 and 2 operating licenses for an additional 20 years of operation on twenty-four listed species and one candidate species identified in Table 1 of the BA.

The NRC has determined that the proposed action may affect, but is not likely to adversely affect, the bald eagle (Haliaeetus leucocephalus), red-cockaded woodpecker (Picoides borealis), American alligator (Alligator mississippiensis), flatwoods salamander (Ambystoma cingulatum), pondberry (Lindera melissifolia), mock bishop-weed (Ptilimnium nodosum), fringed

L. Goldman campion (Silene polypetala), gentian pinkroot (Spigelia gentianoides), Florida torreya (Torreya taxifolia), relict trillium (Trillium reliquum), Crystal Lake nailwort (Paronychia chartacea minima),

chaffseed (Schwalbea americana), Cooleys meadowrue (Thalictrum cooleyi), and Hirsts panic grass (Panicum hirstii). In addition, the staff had concluded that the proposed action will have no effect on the wood stork (Mycteria americana), Gulf sturgeon (Acipenser oxyrinchus desotoi), eastern indigo snake (Drymarchon corais couperi), gray bat (Myotis grisecens), and Indiana bat (Myotis sodalis). Finally, the staff has concluded that the proposed action will have no effect on the fat threeridge, and may affect, but is not likely to adversely affect the purple bankclimber, shinyrayed pocketbook, Gulf moccasinshell, oval pigtoe, and Chipola slabshell.

No designated critical habitat for these twenty-four listed and one candidate species is located near the proposed action.

Your letter of February 6, 2004, also included a list of concerns and recommendations related to the operation of Farley and its impacts to freshwater mussels and their host fish with particular focus on National Pollution Discharge Elimination System (NPDES) permit limits for temperature, the use of biocides, and entrainment. Substantive regulation of water pollution is not within the statutory authority of the NRC. See Tennessee Valley Authority (Yellow Creek Nuclear Plant, Units 1 & 2), ALAB-515, 8 NRC 702. 712-13 (1978). Authority for NPDES permitting lies with Environmental Protection Agency or the States under the Clean Water Act.

The Endangered Species Act provides for a consultation process with agencies (here the NRC) involved with a proposed action. The NRCs response to consultation is limited to actions within the NRCs authority. Enclosure 2 addresses your concerns related to discharges controlled by the NPDES permit, however, as stated above, NRC authority does not extend to substantive regulation of water pollution, i.e., setting discharge limits.

We are placing this BA in our project files and are requesting your concurrence with our determination. In reaching our conclusion, the NRC staff relied on information provided by the licensee, on research performed by NRC staff, and information from FWS (i.e., including current listings of species provided by the FWS, Daphne, Alabama Field Office).

If you have any questions regarding this BA or the staffs request, please contact Mr. Jack Cushing, Environmental Project Manager, at (301) 415-1424.

Sincerely,

/RA/

Pao-Tsin Kuo, Program Director License Renewal and Environmental Impacts Program Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket Nos. 50-348 and 50-364

Enclosures:

As stated cc w/encl.: See next page L. Goldman campion (Silene polypetala), gentian pinkroot (Spigelia gentianoides), Florida torreya (Torreya taxifolia), relict trillium (Trillium reliquum), Crystal Lake nailwort (Paronychia chartacea minima),

chaffseed (Schwalbea americana), Cooleys meadowrue (Thalictrum cooleyi), and Hirsts panic grass (Panicum hirstii). In addition, the staff had concluded that the proposed action will have no effect on the wood stork (Mycteria americana), Gulf sturgeon (Acipenser oxyrinchus desotoi), eastern indigo snake (Drymarchon corais couperi), gray bat (Myotis grisecens), and Indiana bat (Myotis sodalis). Finally, the staff has concluded that the proposed action will have no effect on the fat threeridge, and may affect, but is not likely to adversely affect the purple bankclimber, shinyrayed pocketbook, Gulf moccasinshell, oval pigtoe, and Chipola slabshell.

No designated critical habitat for these twenty-four listed and one candidate species is located near the proposed action.

Your letter of February 6, 2004, also included a list of concerns and recommendations related to the operation of Farley and its impacts to freshwater mussels and their host fish with particular focus on National Pollution Discharge Elimination System (NPDES) permit limits for temperature, the use of biocides, and entrainment. Substantive regulation of water pollution is not within the statutory authority of the NRC. See Tennessee Valley Authority (Yellow Creek Nuclear Plant, Units 1 & 2), ALAB-515, 8 NRC 702. 712-13 (1978). Authority for NPDES permitting lies with Environmental Protection Agency or the States under the Clean Water Act.

The Endangered Species Act provides for a consultation process with agencies (here the NRC) involved with a proposed action. The NRCs response to consultation is limited to actions within the NRCs authority. Enclosure 2 addresses your concerns related to discharges controlled by the NPDES permit, however, as stated above, NRC authority does not extend to substantive regulation of water pollution, i.e., setting discharge limits.

We are placing this BA in our project files and are requesting your concurrence with our determination. In reaching our conclusion, the NRC staff relied on information provided by the licensee, on research performed by NRC staff, and information from FWS (i.e., including current listings of species provided by the FWS, Daphne, Alabama Field Office).

If you have any questions regarding this BA or the staffs request, please contact Mr. Jack Cushing, Environmental Project Manager, at (301) 415-1424.

Sincerely,

/RA/

Pao-Tsin Kuo, Program Director License Renewal and Environmental Impacts Program Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket Nos. 50-348 and 50-364

Enclosures:

As stated cc w/encl.: See next page DISTRIBUTION: See next page Accession no.: ML041890197 C:\\ORPCheckout\\FileNET\\ML041890197.wpd OFFICE GS:RLEP LA:RLEP PM:RLEP SC:RLEP OGC (NLO)

PD:RLEP NAME JDavis YEdmonds*

JCushing*

JTappert DHoefling*

PTKuo DATE 07/2/04 05/20/04 05/20/04 07/2/04 05/27/04 07/2/04 OFFICIAL RECORD COPY

Distribution of letter to L. Goldman, Re: Joseph M. Farley, Dated: July 2, 2004 Accession no.: ML041890197 DMatthews/FGillespie PTKuo JCushing JTappert AKugler JDavis SPeters TLiu TJohnson, RII BBonser, RII CPatterson, RII OGC CQuinley (LLNL)

RLEP R/F

Joseph M. Farley Nuclear Plant cc:

Mr. Don E. Grissette General Manager - Plant Farley Southern Nuclear Operating Company Post Office Box 470 Ashford, Alabama 36312 Mr. B. D. McKinney Licensing Manager Southern Nuclear Operating Company 40 Inverness Center Parkway Post Office Box 1295 Birmingham, Alabama 35201-1295 Mr. M. Stanford Blanton Balch and Bingham Law Firm Post Office Box 306 1710 Sixth Avenue North Birmingham, Alabama 35201 Mr. J. B. Beasley, Jr.

Executive Vice President Southern Nuclear Operating Company 40 Inverness Center Parkway Post Office Box 1295 Birmingham, AL 35201 Mr. L. M. Stinson Vice President Southern Nuclear Operating Company 40 Inverness Center Parkway Post Office Box 1295 Birmingham, Alabama 35201 Dr. D. E. Williamson State Health Officer Alabama Department of Public Health The RSA Tower 201 Monroe Street, Suite 1500 Montgomery, AL 36130-1701 Chairman Houston County Commission Post Office Box 6406 Dothan, Alabama 36302 Resident Inspector U.S. Nuclear Regulatory Commission 7388 N. State Highway 95 Columbia, Alabama 36319 William D. Oldfield SAER Supervisor Southern Nuclear Operating Company Post Office Box 470 Ashford, Alabama 36312 Mr. Charles R. Pierce Manager - License Renewal Southern Nuclear Operating Company 40 Inverness Center Parkway Post Office Box 1295 Birmingham, AL 35201 Mr. Fred Emerson Nuclear Energy Institute 1776 I Street, N.W., Suite 400 Washington, DC 20006-3708 Ms. Betty Forbus Director Houston Love Memorial Library 212 West Burdeshaw Street Dothan, Alabama 36303 Ms. Barbara Crawford The Lucy Maddox Memorial Library 11880 Columbia Street Blakely, GA 39823

ENCLOSURE 1 BIOLOGICAL ASSESSMENT

BIOLOGICAL ASSESSMENT FOR LICENSE RENEWAL OF THE JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2 Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 June 2004 I. INTRODUCTION The U.S. Nuclear Regulatory Commission (NRC) is reviewing an application submitted by Southern Nuclear Operating Company, Inc. (SNC, the applicant) for the renewal of the operating licenses for Joseph M. Farley Nuclear Plant Units 1 and 2 (Farley) for a period of an additional 20 years. The purpose of this biological assessment (BA) is to provide information to the U.S. Fish and Wildlife Service (FWS) concerning the potential impacts of continued operation of Farley Units 1 and 2 on threatened or endangered species and designated critical habitat pursuant to Section 7(a)(2) of the Endangered Species Act (ESA). This consultation is between the NRC and FWS.

This BA examines the effects of the proposed action on twenty-four Federally listed species and one candidate species (Table 1) that could occur within the Farley site, near the site, or along its associated transmission line rights-of-way (ROWs). The staff has also addressed the additional FWS concerns communicated to the NRC in a letter dated February 6, 2004, (Goldman 2004) regarding four of the freshwater mussels in a separate evaluation.

The Federally listed species considered in this BA, although not observed to occur at the Farley site, near the site or within habitats along its associated transmission lines include two birds, the wood stork (Mycteria americana) and red-cockaded woodpecker (Picoides borealis); two mammals, the gray bat (Myotis grisescens), and Indiana bat (Myotis sodalis); one fish, the Gulf sturgeon (Acipenser oxyrinchus destoi); one amphibian, the flatwoods salamander (Ambystoma cingulatum); and one reptile, the eastern indigo snake (Drymarchon corais couperi); nine plants, pondberry (Lindera melissifolia), Crystal Lake nailwort (Paronychia chartacea minima), mock bishop-weed (Ptilimnium nodosum), chaffseed (Schwalbea americana) fringed campion (Silene polypetala), gentian pinkroot (Spigelia gentianoides), Cooleys meadowrue (Thalictrum cooleyi),

Florida torreya (Torreya taxifolia), and relict trillium (Trillium reliquum); one candidate plant Hirsts panic grass (Panicum hirstii); and six invertebrates, the purple bankclimber (Elliptoideus sloatianus), shinyrayed pocketbook (Lampsilis [Villosa] subangulata), Gulf moccasinshell (Medionidus penicillatus), oval pigtoe (Pleurobema pyriforme), the fat threeridge (Amblema neislerii), and the Chipola slabshell (Elliptio chipolaensis). Two Federally listed species considered in this BA and known to exist in the vicinity of the Farley site and its transmission line corridors are one bird, the bald eagle (Haliaeetus leucocephalus), and one reptile, the American alligator (Alligator mississippiensis).

The freshwater mussel species (i.e., the fat threeridge, Chipola slabshell, purple bankclimber, shinyrayed pocketbook, Gulf moccasinshell, and the oval pigtoe) are of particular interest to the FWS. These freshwater mussels are not observed to occur in the vicinity of the Farley site nor within aquatic habitats traversed by its transmission lines, however, the potential effects of the proposed action on the species ability to reestablish in this project area are of concern.

Therefore, this BA summarizes pertinent project information and existing data and discusses the potential consequences of the proposed action on the aforementioned six species of Federally protected freshwater mussels.

Table 1. Federally Listed Special-Status Species Potentially Occurring in Baker, Coffee, Decatur, Early, Miller, Mitchell, Seminole, Tift, and Worth Counties (Georgia), Barbour, Dale, Geneva, Henry, Houston, Montgomery, and Pike Counties (Alabama), and Jackson County (Florida)

Scientific Name Common Name Federal Status(a)

Birds Haliaeetus leucocephalus bald eagle T

Mycteria americana wood stork E

Picoides borealis red-cockaded woodpecker E

Mammals Myotis grisescens gray bat E

Myotis sodalis Indiana bat E

Reptiles and Amphibians Alligator mississippiensis American alligator T (S/A)

Ambystoma cingulatum (Phaeognathus cingulatum) flatwoods salamander T

Drymarchon corais couperi eastern indigo snake T

Plants Lindera melissifolia pondberry E

Paronychia chartacea minima Crystal Lake nailwort T

Ptilimnium nodosum mock bishop-weed E

Schwalbea americana chaffseed E

Silene polypetala fringed campion E

Spigelia gentianoides gentian pinkroot E

Thalictrum cooleyi Cooleys meadowrue E

Torreya taxifolia Florida torreya E

Trillium reliquum relict trillium E

Panicum hirstii (Dicanthelium hirstii)

Hirsts panic grass C

Fish Acipenser oxyrinchus desotoi Gulf sturgeon T

Invertebrates Amblema neislerii fat threeridge E

Elliptio chipolaensis Chipola slabshell T

Scientific Name Common Name Federal Status(a)

Elliptoideus sloatianus purple bankclimber T

Lampsilis (Villosa) subangulata shinyrayed pocketbook E

Medionidus penicillatus Gulf moccasinshell E

Pleurobema pyriforme oval pigtoe E

(a)E = endangered, T = threatened, C = candidate for Federal listing, T (S/A) =

threatened due to similarity of appearance II. PROJECT DESCRIPTION The proposed action is renewal of the operating licenses for Farley Units 1 and 2. Farley is located in Houston County in southeastern Alabama on the west bank of the Chattahoochee River approximately 8 km (5 mi) north of Gordon, Alabama, 27 km (17 mi) east of Dothan, Alabama, 161 km (100 mi) southeast of Montgomery, Alabama, and 290 km (180 mi) south-southeast of Atlanta, Georgia (Figures 1 and 2). The current operating license for Unit 1 expires on June 25, 2017, and for Unit 2 on March 31, 2021. By letter dated September 15, 2003, SNC submitted an application to the NRC (SNC 2003a) to renew these operating licenses for an additional 20 years of operation (i.e., until June 25, 2037, for Unit 1 and March 31, 2041, for Unit 2). The renewed licenses, if issued, will be effective from its date of issuance until 20 years after the expiration date of the current operating licenses.

In a letter dated November 26, 2003, the NRC requested a list of Federally listed endangered or threatened species and information on protected, proposed, and candidate species-as well as any designated critical habitat--that may be in the vicinity of Farley Units 1 and 2 and its associated transmission line ROWs (Kuo 2003). In response, on February 6, 2004, after receiving additional information from SNC (as discussed below) and the NRCs request, the FWS provided additional information regarding Federally listed species that have been observed or may occur in the vicinity of the Farley site and its associated transmission lines.

The FWS, in their letter of February 6, 2004 (Goldman 2004), also raised a number of concerns related to plant operation on four species of freshwater mussels. The NRC has addressed these FWS concerns separately.

In a letter dated May 7, 2002, SNC also corresponded with the FWS, regarding potential impacts of license renewal on threatened or endangered species at Farley (Pierce 2002). The FWS responded to SNC on July 9, 2002, with a request for additional information related to the proposed license renewal action (Goldman 2002). SNC responded to this FWS request and provided the FWS with responses to their requests for additional information on January 16, 2004 (Pierce 2004). Information provided to FWS by the licensee is also incorporated in this BA.

SNC (2003b) has no plans to conduct major refurbishment or construction activities at Farley for continued operations during the license renewal period; the proposed project is not a major Figure 1 Figure 2 construction activity. The proposed project is not located near designated critical habitat of any of the threatened or endangered species identified by FWS or discussed in this assessment.

III. DESCRIPTION OF PROJECT AREA A. General Plant and Ecological Resources Information Farley is owned by Alabama Power Company (APC) and operated by SNC (SNC 2003b). It is located on the west bank of the lower Chattahoochee River at approximately River km 70 (RK, or River Mile 43.5). The plant lies between the George W. Andrews (4.8 km [3 mi] upstream) and the Jim Woodruff Lock and Dam (70.8 km [44 mi] downstream) (SNC 2003b); this reach is approximately 75.6 km (47 mi) long. At the location of the plants discharge structure, the Chattahoochee River is approximately 114 m (375 ft) wide, with an average depth of 3.7 m (12 ft) and average velocity of 0.9 m/s (3 ft/s). Downstream portions of the river range up to 132.6 m (435 ft) in width and 7.3 m (24 ft) in depth (APC 1991). The Chattahoochee River flows in a northwest-to-southeast direction and discharges into the Gulf of Mexico (SNC 2003b).

The Farley site, geologically, is located near the boundary of the Dougherty Plain and Southern Red Hills physiographic regions of the east Gulf Coastal Plain. There are two major topographical subdivisions at the site: (1) gently rolling upland west of the Chattahoochee River Valley and (2) the river terraces and floodplain of the Chattahoochee River. This contributes to a diverse distribution of habitats, with diverse wildlife and plant species. Habitats at Farley consist of river bluff forest, ravine forest, floodplain forest, pine-mixed hardwood forest, pine forest, non-floodplain wetlands, and mowed grassy areas (Tetra Tech 2002).

The Farley site consists of 749 ha (1850 ac) on the west bank of the Chattahoochee River in Houston County, Alabama. Approximately, 202 ha (500 ac) of the site are used for generation and maintenance facilities, laydown areas, parking lots, and roads. The developed areas are primarily located on a plateau approximately 0.8 km (0.5 mi) west of the river, with the area adjacent to the river mostly undeveloped. The remainder of the site consists of forested areas, ponds, wetlands, and open fields (SNC 2003b). Although the topography of the Farley site is generally flat to gently rolling, some slopes along streams approach 12 percent. Much of the flatland areas adjacent to the Chattahoochee River periodically flood (FNP 2000).

Wildlife species that occur in the forested portions of the Farley site are those typically found in similar habitats in southern Alabama. Common mammals at the site include the opossum (Didelphis virginiana), armadillo (Dasypus novemcinctus), eastern cottontail (Sylvilagus floridanus), gray squirrel (Sciurus carolinensis), racoon (Procyon lotor), and white-tailed deer (Odocoileus virginianus). Wading birds (egrets and herons) occur in wetlands and along the edges of ponds and the Chattahoochee River. Numerous bird species (e.g., eastern bluebird

[Sialia sialis], purple martin [Progne subis], common bobwhite [Colinus virginianus], blue jay

[Cyanocitta cristata], and various warblers), as well as several reptile and amphibian species, including the Alabama State protected gopher tortoise (Gopherus polyphemus) occur at the site (SNC 2003b).

The dam immediately upstream of the Farley plant is the George W. Andrews Lock and Dam (River Mile 47), 5 km (3 mi) upstream of Farley, which forms Lake Andrews. Lake Andrews is a long (47 km [29 mi]), narrow impoundment with a surface area of only 623 ha (1540 ac). The lock and dam were built to regulate downstream flow and improve navigation, and are not used 1 7Q10 is defined as the lowest stream flow for seven consecutive days that would be expected to occur once in ten years.

for hydroelectric power generation. The flows, circulation patterns, and retention times in this reservoir are more characteristic of a river than a reservoir. For water years 1976 to 1999, annual mean flow at the George W. Andrews gaging station ranged between 9.7 million L/min and 27.2 million L/min (5718 cfs and 16,000 cfs), and averaged 18.7 million L/min (11,000 cfs)

(USGS 2000). Flows in this portion of the Chattahoochee River are highest in winter and early spring (January to April) and lowest in late summer and fall (August to October), a pattern observed throughout the river system. Alabama Department of Environmental Management uses a 7Q101 of 58 m3/s (2050 cfs) and a Most Probable flow of 224 m3/s (8000 cfs) for NPDES purposes.

The principal aquatic resources in the vicinity of the Farley site are associated with the Chattahoochee River. Other important aquatic habitats include the 44 ha (108 ac) service and makeup water pond (i.e., on the Farley site), and habitats associated with multiple river and creek crossings, wetlands, swamps, marshes, and ponds through which transmission corridors traverse (Tetra Tech 2002). These crossings also include important habitats within Elmodel and Lake Seminole Wildlife Management Areas in Georgia (SNC 2003b). The transmission lines associated with Farley traverse three States (i.e., Alabama, Georgia, and Florida) and maintenance activities occurring near aquatic resources are currently carried out by subcontractors to APC, Georgia Power Company (GPC), and Gulf Power Company under uniform guidance provided by SNCs vegetation management policy (SNC 2004).

Most of the floodplain forests are dominated by high floodplain or ridge floodplain species. On the highest ridges and in high floodplains, willow oak (Quercus phellos), Shumard oak (Quercus shumardii), bitternut hickory (Carya cordiformis), sweet gum (Liquidambar styraciflua), swamp chestnut oak (Quercus michauxii), and cherrybark oak (Quercus pagoda) are present. Along the river in early successional areas, sycamore (Platanus occidentalis), silver maple (Acer saccharinum), and black willow (Salix nigra) dominate. In sloughs, backwaters, and poorly-drained areas, bald cypress (Taxodium distichum), water tupelo (Nyssa aquatica), red maple (Acer rubrum), and laurel oak (Quercus laurifolia) are commonly found (Tetra Tech 2002).

Several non-floodplain wetlands occur on the Farley site. Most of these are generally weedy marsh areas with scattered red maple, sweet gum, black willow, and buttonbush (Cephalanthus occidentalis) woody species. Plume grass (Erianthus sp.), woolgrass bulrush (Scirpus cyperinus), needlerushes (Juncus spp.), and other wet site emergent, non-woody species are also found in these wetlands. One wetland has a broad expanse of open water dominated by water lilies (Nuphar lutea and Nymphaea odorata), water shield (Brasenia screberi), and non-woody marsh grasses such as woolgrass bulrush and common needlerush (Juncus effusus)

(Tetra Tech 2002).

The hardwood bottoms in the vicinity of the river include species such as the water oak (Quercus nigra), cherrybark oak, white oak (Quercus alba), and tulip poplar (Liriodendron tulipfera). The hardwood areas and mixed pine-hardwood areas along the streams and in the upland areas consists of various oaks, sweetgum, and poplar (FNP 2000).

A recent study that broadly surveys the aquatic communities of the lower Chattahoochee River, in the vicinity of the Farley site, is not available in the scientific literature (SNC 2003b). Rather, the most comprehensive source of information on these local aquatic communities is the Cooling Water Intake Study 316b Demonstration for Farley Units 1 and 2, which contains detailed information on phytoplankton, zooplankton, and fish populations (APC 1983). More recently, information on the habitat preferences and life histories of Chattahoochee River fishes, as well as species distribution maps and collections by county, may be found in Fishes of Alabama (Mettee et al 1996). Updated information on the distribution, abundance, and conservation status of unionid mussels in the lower Chattahoochee River is available from studies in the 1990s (Brim Box 2000; FWS 2003g). Relevant information from these sources is summarized in this BA.

The fish community of the Chattahoochee River in the vicinity of the Farley site is diverse, comprised of a mix of common southeastern stream species (many of which adapt well to reservoir conditions), species typically found in swamps and backwaters of rivers, and a small number of migratory and semi-migratory species (SNC 2003b). Approximately 92 known fish species occur in the Chattahoochee River system (Mettee et al 1996) and approximately two-thirds of these species are found in the lower Chattahoochee, within which Farley Units 1 and 2 are located (SNC 2003b).

Stream fishes commonly observed and occasionally collected in the lower Chattahoochee River near the Farley site include longnose gar (Lepisosteus osseus), redfin pickerel (Esox americanus), river redhorse (Moxostoma carinatum), greater jumprock (Moxostoma lachneri),

green sunfish (Lepomis cyanellus), redbreast sunfish (Lepomis auritus), channel catfish (Ictalurus punctatus), and several common minnow species (e.g., longnose shiner [Notropis longirostris] and weed shiner [Notropis texanus]), as well as bowfin (Amia calva), spotted sucker (Minytrema melanops), chain pickerel (Esox niger), and flier (Centrarchus macropterus).

A number of other fish species found in the Chattahoochee River in the vicinity of the Farley site are adapted to a range of environmental conditions and are abundant in rivers, lakes, reservoirs, and swamps across the Southeast. These include the gizzard shad (Dorosoma cepedianum), common carp (Cyprinus carpio), blacktail shiner (Cyprinella venusta), bluegill (Lepomis machrochirus), and largemouth bass (Micropterus salmoides) (SNC 2003b).

Three Morone species (striped bass [M. saxatilis], white bass [M. chrysops], and hybrid bass

[e.g., palmetto bass, M. chrysops x saxatilis]) are found in the lower Chattahoochee River and are sought by anglers in the spring of the year near George W. Andrews Lock and Dam. In addition to these anadromous (e.g., striped bass) and semi-anadromous (e.g., white bass and hybrid bass) populations, small numbers of catadromous American eels (Anguilla rostrata) are also found in the lower Chattahoochee River.

Benthic macroinvertebrate populations inhabiting the Chattahoochee River in the vicinity of the Farley site have not been systematically surveyed (SNC 2003b). Rapidly shifting bottom sands have prevented the establishment of a diverse benthic community in this area (AEC 1974).

Detailed information on the historic and current distribution of 22 unionids (freshwater mussels) in the Apalachicola, Chattahoochee, and Flint Rivers, which together comprise the Apalachicola Basin were surveyed in the 1990s (Brim Box 2000). Species diversity and abundance of freshwater mussels has declined in the Chattahoochee River since the early part of the twentieth century, with a dramatic decline over the past decades. This decline has been attributed to erosion and sedimentation (from land clearing and intensive farming in the river basin); dredging, snag removal, and channel modifications (for navigation); the development of impoundments for flood control and hydropower; runoff of agricultural chemicals and animal wastes (chiefly poultry); mining activities in tributary streams; and discharges from wastewater treatment facilities. In addition, the prolific Asiatic clam (Corbicula fluminea) invaded the Chattahoochee River system, competing with native mussels for habitat and resources. At present, it appears that the once rich and abundant Chattahoochee River mussel fauna have been reduced to remnant and isolated populations in small headwater streams and monospecific populations of common species (e.g., Utterbackia imbecilis) in impoundments on the river (Brim Box 2000; FWS 2003g).

B. Heat Dissipation and Transmission Systems Heat Dissipation System Farley Units 1 and 2 have two Westinghouse-designed pressurized water reactors. The rated thermal power level for each unit is 2775 MWt. The gross electrical output for each unit is approximately 910 MWe. Unit 1 has a net electrical output of 847 MWe, and Unit 2 has a net electrical output of 852 MWe.

A nuclear power plant is cooled by a series of closed cooling systems which are isolated from each other by metal tubes of a heat exchanger. This isolation prevents the radionuclides in the reactor coolant system (RCS) from coming into direct contact with the outside environment.

These systems include the RCS, the feedwater system, and the circulating water system. The reactor core is cooled by the RCS. Heat is transferred from the RCS to the feedwater system on the secondary side of the plant through the metal tubes of the steam generator. The steam generator converts the feedwater into steam to turn the tubine-generator to make electricity.

The steam is exhausted from the turbine to the condenser and is condensed back into water to be recycled through the steam generators and converted back into steam.

The condenser is a tube and shell heat exchanger, with the steam from the turbine on the outside of the metal tubes and cooling water (circulating water system) inside the tubes. The cooling water for the Farley Nuclear Plant is from a storage pond that is supplied via an intake structure with screens to reduce the effects of entrainment from the Chattahoochee River. The Farley Nuclear Plant uses best available technology (cooling towers) to reduce the amount of heat discharged to the river. As part of the plants normal operating and maintenance activities, Farley is constructing new mechanical draft cooling towers to replace the current towers for both units. Construction commenced in January 2003 and is to be completed by May 2005.

The blowdown from the cooling towers and a portion of the service and circulating water are returned to the river (SNC 2003b). The Farley plant withdraws water from the river at an average rate of approximately 292,000 L/min (77,000 gpm). This represents approximately 3.0 percent of the river's annual mean flow.

Transmission System Six high-voltage (230 and 500-kilovolt [kV]) transmission lines originate at Farley Units 1 and 2 and connect to six sub-stations, comprising approximately 472 km (294 mi) of transmission lines and covering 2186 ha (5,402 ac) in the ROWs. Transmission lines and ROWs associated with Farley Units 1 and 2 traverse multiple counties in three states. These include Barbour, Dale, Geneva, Henry, Houston, Montgomery, and Pike Counties, in Alabama; Baker, Decatur, Early, Miller, Mitchell, Seminole, Tift, and Worth Counties, in Georgia; and Jackson County, Florida (SNC 2003b).

The transmission corridors are located primarily within the east Gulf Coastal Plain physiographic province. The region is characterized by sandy soils and flat to gently rolling terrain. The slope, aspect, and underlying substrate of the soils play a significant role in determining the assemblage of plants and animals that occur in a given area. Because of the substantial length of the transmission corridors and the different directions they take from Farley Units 1 and 2, they transect a wide array of geophysical conditions that occur in the east Gulf Coastal Plain. Swamps, marshes, and river and creek crossings along transmission corridors provide habitats that appear suitable for multiple Federally listed species, as discussed above. Numerous marshes and beaver ponds occur along the transmission corridors. These areas provide excellent foraging habitat for many wildlife species. Many animal species are highly mobile and utilize more than one habitat type. The transmission corridors provide an open canopy and offer an abundance of herbaceous ground cover. Thus, they can be natural avenues for movement and foraging by some animals, especially those that prefer open habitats (Tetra Tech 2002). One transmission line crosses a stream (i.e., Mill Creek) with a known occurrence of one of the Federally listed mussel species (Chipola slabshell) covered in this BA (SNC 2003b; Brim Box 2000; FWS 2003g).

Transmission line ROW maintenance activities in the vicinity of aquatic crossings employ best management practices to minimize shoreline disturbance, erosive activities, and herbicide use (SNC 2003b; SNC 2004). Mowing cycles for vegetation management of ROWs vary between transmission lines, with cycles ranging between 3 and 6 years. Herbicide application occurs on a 2-year cycle in Alabama (APC 2004). In Georgia, herbicides are used on an as needed basis between their 5-year mowing cycles (GPC 2004a). In Florida, vegetation management recently shifted from mowing to herbicide application, which provides a lengthened maintenance cycle (i.e., 4-to 6-year maintenance cycle) (Gulf 2004). When used for vegetation management along any of the transmission line ROWs associated with Farley Units 1 and 2, herbicides are applied during the growing season (i.e., generally May to October) and typically by using backpack sprayers, although some sensitive areas involve manual removal of vegetation. When necessary, aerial application (i.e., helicopter spraying) is also used (SNC 2004; APC 2004). Herbicide application is performed according to label specifications by certified applicators. The Raccoon Creek transmission corridor that crosses into Elmodel Wildlife Management Area (i.e., structures 163-166) is managed by the Georgia Department of Natural Resources (GPC 2004b). The South Bainbridge transmission corridor passes through Lake Seminole Wildlife Management Area (i.e., Structures 179-181) and is maintained by GPC contractors (GPC 2004a; GPC 2004b).

IV. DESCRIPTION OF LISTED TERRESTRIAL SPECIES POTENTIALLY OCCURRING IN PROJECT AREA This section describes the Federally protected terrestrial species that may occur at the Farley site, near Farley Units 1 and 2, or within habitats of associated transmission line ROWs.

A. Birds

1. Haliaeetus leucocephalus, bald eagle The bald eagle was originally listed as endangered by the FWS in 1978, however population increases prompted downlisting to threatened status in 1995. Recovery goals for the species have generally been met or exceeded within the species range. In addition, population trends indicate that the bald eagle has recovered and is no longer in danger of extinction, nor is it likely to become in danger of extinction within the foreseeable future throughout all or a significant portion of its range. As a consequence, the bald eagle was proposed for delisting in 1999 (64 FR 36453 [FWS 1999a]).

Bald eagles usually occur near large bodies of water, especially rivers, lakes and reservoirs that provide a reliable food source and isolation from human disturbance. Large trees and snags along shorelines are used as perches and nest sites. Bald eagles primarily feed on fish and waterfowl. These habitats and site components are available in the vicinity of the Farley site and within the ROWs of associated transmission lines. Bald eagles are thought to occur in all counties of Alabama, Florida, and Georgia traversed by these transmission lines (ADCNR 2003; FNAI 2002; Krakow 2002). During terrestrial surveys conducted for SNC, a single bald eagle was observed on the Chattahoochee Rivers eastern shoreline adjacent to Farley in Early County, Georgia (Tetra Tech 2002).

It is possible that bald eagles could be present at Farley and within transmission line ROWs, at least occasionally, especially in areas with river crossings or lakes. Continued operation of Farley Units 1 and 2 could potentially affect bald eagles if plant operations resulted in changes to the Chattahoochee River that affected food availability (e.g., fish and waterfowl). However, Farley Units 1 and 2 uses a closed cycle cooling system, and discharges are regulated through the NPDES permit program protecting water quantity and quality, thereby minimizing effects to fish in the area. Any disturbance of nesting eagles while conducting vegetation management at Farley and within transmission line ROWs could affect this species; however, no known nesting sites exist at Farley or within the ROWs of the associated transmission lines (SNC 2003b).

A bald eagle could collide with the 524 km (326 mi) of transmission lines associated with Farley.

The NRC assessed the impacts of transmission lines on avian populations in its Generic Environmental Impact Statement (GEIS) for the effects of nuclear power plant license renewal (NRC 1996). In the GEIS, the NRC concluded that mortality resulting from bird collisions with transmission lines associated with license renewal and an additional 20 years of operation would be of small significance. This conclusion was based on (1) the fact that existing literature does not indicate that collision mortality is high enough to result in population-level effects and (2) the lack of known instances where nuclear power plant lines affect large numbers of individuals in local areas. There have been no reports of collisions or electrocutions of bald eagles or other protected birds along the six transmission lines associated with Farley (SNC 2003b) and no other demonstrated impact to this species during the operation of Farley Units 1 and 2. Therefore, the staff has concluded that the continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, the bald eagle.

2. Mycteria americana, wood stork The wood stork was listed as endangered throughout its entire range by the FWS in 1984 due to this species decline of over 75% from its 1930 levels (49 FR 7332 [FWS 1984a]). Wood stork habitats include cypress or gum ponds, river swamps, marshes, and bays. Storks usually forage in shallow water (i.e., 15 to 51 cm [6 to 20 in.]) and are a highly gregarious species.

Wood storks may forage, at least occasionally, in suitable wetlands within or near the transmission line ROWs associated with Farley Units 1 and 2 (Tetra Tech 2002). However, SNC has not observed this species at Farley or along associated transmission lines (SNC 2003b) and no stork rookeries were noted during terrestrial surveys conducted for SNC, either at the site nor within the ROWs (Tetra Tech 2002). This species is thought to occur in Barbour and Montgomery Counties, Alabama; Baker, Decatur, Early, Miller, Mitchell, Seminole, Tift, and Worth Counties, Georgia; and Jackson County, Florida. Florida Natural Areas Inventory records indicate a possible wood stork rookery approximately 1.6 km (1 mi) southwest of the transmission line in Jackson County, Florida, near Ocheesee Pond (Carmody 2002). However, vegetation management within transmission line ROWs will not affect these species as the workers do not enter the wetlands, or use machinery in these habitats. Therefore, the staff has concluded that continued operation of Farley Units 1 and 2 will have no effect on the wood stork.

3. Picoides borealis, red-cockaded woodpecker The red-cockaded woodpecker was Federally listed as endangered in 1970 (i.e., 35 FR 16047).

This species lives in groups and excavates cavities in live pines within open, mature pine stands with sparse midstory vegetation. Cavities are rarely found in trees as young as 30 to 40 years old; rather, most cavity trees are at least 80 years old. Ideal foraging habitat consists of pine stands with trees greater than 23 cm (9 in.) diameter at breast height (dbh). However, pine stands of 10 to 23 cm (4 to 9 in.) dbh may also be used, as well as pine trees found scattered throughout hardwood stands (Tetra Tech 2002). This preferred habitat does not exist at Farley, although some portions of the Raccoon Creek transmission line traverse what appears to be suitable red-cockaded woodpecker habitat. The red-cockaded woodpecker has not been observed at Farley or along associated transmission line ROWs, with no cavity trees observed within these areas as well (Tetra Tech 2002). This species is thought to occur where suitable habitat exists in Barbour, Dale, Geneva, Henry, Houston, Montgomery, and Pike Counties, Alabama (ADCNR 2003); Baker, Decatur, Early, Miller, Mitchell, Seminole, Tift and Worth Counties, Georgia (Krakow 2002); and Jackson County, Florida (Carmody 2002). Red-cockaded woodpeckers may be negatively affected by collisions with the transmission lines, however, no record of this species striking the lines has been documented (SNC 2003b). The probability of this species occurring on the Farley site or along the transmission lines is very low, due to the absence of suitable habitat at Farley and the absence of cavity trees in the limited suitable habitat along the associated transmission line ROWs. Therefore, the staff has concluded that continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, the red-cockaded woodpecker.

B. Mammals

1. Myotis grisescens, gray bat The gray bat was listed as endangered throughout its entire range by the FWS in 1976 as result of habitat destruction that threatens this species with extinction (41 FR 17736 [FWS 1976]).

This species inhabits moist caves in limestone strata and forages primarily over water up to 40 km (25 miles) from their cave roost. No known caves occur in Alabama and Georgia, making it unlikely that gray bats occur in these states. However, it is expected that gray bats could occur in Jackson County, Florida (Carmody 2002). This county has one of the highest concentrations of caves in Florida (Gore 1987). Large colonies of gray bats occur in the Florida Caverns State Park, approximately 16 km (10 miles) from the Sinai Cemetery transmission line (one of the transmission lines associated with Farley Units 1 and 2), although no records of this species occurring within habitats of the Sinai Cemetary ROW have been noted (Carmody 2002). Large water bodies along this ROW are scarce and it is unlikely that these bats forage along this ROW (Tetra Tech 2002). It is possible, however, that the bats may cross the ROW while traveling to and from their foraging areas. SNC has not noted any gray bats in the vicinity of the Farley site or its associated transmission lines (SNC 2003b). However, due to the difficulty in detecting bats, it is possible they could be present in appropriate habitats. Vegetation management practices within transmission line ROWs is unlikely to affect these bats (i.e., bats are nocturnal species), even if present, and mortality due to power line strikes is likely to be low or non-existent (i.e., bats echolocate and are agile fliers). Therefore, the staff has concluded that continued operation of Farley Units 1 and 2 will have no effect on the gray bat.

2. Myotis sodalis, Indiana bat The Indiana bat was listed in 1967 as Federally endangered. Its decline is largely attributed to cave destruction and disturbance (FWS 1991a). It is a very small bat, with a wingspan of 23 to 28 cm (9 to 11 in.) and weighing approximately 9 g (0.3 oz). In winter, the Indiana bat uses limestone caves or abandoned mines for hibernation, although some hibernate under bridges, in old buildings, or under loose bark and in hollows of trees. This species forages for insects along stream corridors, within the canopy of floodplain and upland forests, over clearings with early successional vegetation (old fields), along the borders of croplands, along wooded fencerows, and over farm ponds and in pastures. Roosting and rearing of young usually occurs in caves, although it may occur under the loose bark of trees (FWS 1991a). Indiana bats are migratory, traveling as far as 483 km (300 mi) between winter and summer habitats (Humphrey 1992). In summer, the Indiana bat is absent south of Tennessee (FWS 1991a). There are no recorded occurrences of this species in Georgia or in Alabama counties crossed by transmission line ROWs. However, documented occurrences of the Indiana bat exist for Jackson County, Florida (FNAI 2002), although not within areas traversed by the transmission lines associated with Farley Units 1 and 2. SNC has not noted any Indiana bats in the vicinity of the Farley site or its associated transmission lines (SNC 2003b). However, due to the difficulty in detecting bats, it is possible they could be present in appropriate habitats. No known hibernation or nursery caves occur within the vicinity of Farley or its transmission lines. The potential for occurrence of this species within this project area is very low, although this species may pass through or use this area during migration. Vegetation management practices within the transmission line ROWs is unlikely to affect these bats (i.e., bats are nocturnal species),

even if present, and mortality due to power line strikes is likely to be low or non-existent (i.e.,

bats echolocate and are agile fliers). Therefore, the staff has concluded that continued operation of Farley Units 1 and 2 will have no effect on the Indiana bat.

C. Reptiles and Amphibians

1. Alligator mississippiensis, American alligator The American alligator was originally Federally listed in 1967 as endangered throughout its entire range (23 FR 4001 [FWS 1975]), downlisted in 1975 to threatened in some areas of its range (40 FR 44412 [FWS 1975]), and subsequently delisted to threatened throughout its entire range in 1987 (52 FR 21059 [FWS 1987b]). However, the American alligator is considered threatened due to similarity of appearance to the American crocodile, which is listed as endangered. Excessive alligator exploitation and habitat destruction resulted in its endangered listing; however, as a result of Federal and State protection, this species experienced a considerable increase in numbers resulting in its current status (FWS 1975; FWS 1987b).

Female alligators lay eggs in a nest constructed of leaves and other vegetation. These nests are fairly easy to recognize as they can reach 2.1 m (7 ft) in diameter and 1 m (3 ft) in height (GMNH 2000a). Alligator habitat consists of swamps, marshes, ponds, lakes, and slow-moving streams and rivers. Within these habitats, alligators occur in Alabama, Florida, and southern Georgia; this includes counties traversed by transmission lines associated with Farley Units 1 and 2. It is likely that alligators occur in suitable habitats within the ROWs of these lines (Tetra Tech 2002; GMNH 2000a). SNC has observed American alligators within the project area, including noting their tracks at the entrance to an alligator den within the ROW of the Farley-Sinai Cemetery transmission line in Jackson County, Florida during terrestrial wildlife surveys conducted in 2002 (Tetra Tech 2002). Alligators have also been observed on the Farley site, with one residing in the service water pond (Causey 1993). American alligators could potentially be affected by mowing and herbicide use along wetland borders during the nesting season (i.e., March through June). However, alligator nests usually occur in swampy areas where heavy equipment is not used; the nests are also easily detected and contractors avoid nests for safety reasons. Therefore, the staff has concluded that the continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, the American alligator.

2. Ambystoma cingulatum (Phaeognathus cingulatum), flatwoods salamander The flatwoods salamander was listed by the FWS as threatened in 1999 (64 FR 15691 [FWS 1999b]). Habitat loss and degradation from agriculture, urbanization, and silvicultural practices resulted in the loss of 80% of its habitat and led to its protected status (FWS 1999b). Habitat loss and degradation remain a current threat to this species through activities such as clear cutting, burning, and soil disturbance by heavy machinery (GMNH 2000b). This salamander inhabits pine-flatwoods-wiregrass communities that adjoin cypress heads or ponds without large predatory fish (Tetra Tech 2002). SNC has not observed the flatwoods salamander at Farley or within ROWs of associated transmission lines (SNC 2003b; Tech Tech 2002); however, this species is extremely cryptic and is difficult to observe without extensive pit trapping (Tetra Tech 2002). No pine flatwoods habitat exists within the Farley site and the salamanders are not expected to occur at the site. Flatwoods salamanders are known to occur in Houston County, Alabama (Lewis 2002); Baker, Early, Miller, Tift and Worth counties, Georgia (Krakow 2002);

and Jackson County, Florida (FNAI 2002). However, the flatwoods salamander is unlikely to occur along the transmission lines because the ROWs lack suitable habitat for this species. A moderate possibility exists that this species may occur in areas adjacent to the ROWs (Tetra Tech 2002). Vegetation management within the habitat of this salamander using heavy machinery (i.e., mowing machines) could affect this species. However, this habitat is absent at the Farley site and within the ROWs of associated transmission lines. Therefore, the staff has concluded that the continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, the flatwoods salamander.

3. Drymarchon corais couperi, eastern indigo snake The eastern indigo snake was listed by the FWS as threatened in 1978 (43 FR 4026 [FWS 1978]). Threats to this species that made this action necessary included habitat modification, collection for the pet trade, and gassing while inhabiting gopher tortoise burrows (FWS 1978).

Eastern indigo snakes typically inhabit dry areas that are bordered by water. Indigo snakes are found in southern Alabama, Georgia, and Florida, and typically spend the winter in gopher tortoise burrows (FWS 1991b). SNC has not observed this species at Farley or within habitats of the associated transmission line ROWs (SNC 2003b). However, snakes are often difficult to detect, and therefore their presence cannot be ruled out in these areas. Suitable habitat for this species does occur at Farley and within its transmission line ROWs (Tetra Tech 2002). Eastern indigo snakes are known to occur in Barbour, Dale, Geneva, Henry, Houston, Montgomery, and Pike Counties, Alabama (Lewis 2002); Baker, Decatur, Miller, Mitchell, Seminole, Tift, and Worth Counties, Georgia (Krakow 2002); and Jackson County, Florida (FNAI 2002). Because indigo snakes are active during the day (i.e., mobile and able to escape harm), it is unlikely that vegetation management activities at Farley or within the transmission line ROWs affect these snakes, if present. Therefore, the staff has concluded that continued operation of Farley Units 1 and 2 will have no effect on the eastern indigo snake.

D. Plants

1. Lindera melissifolia, pondberry Pondberry was listed by FWS as endangered in 1986 (51 FR 27495 [FWS 1986]). This deciduous, small shrub was limited to 19 locations in the southeastern U.S. and became endangered as a result of threats including land clearing, timber harvesting, drainage activities, and invasive species encroachment (FWS 1986). It reaches heights of 0.5 to 2 m (1.6 to 6.6 ft) and often grows in thickets within shallow pools, along margins of cypress ponds, and in seasonally wet low areas within bottomland hardwoods (Patrick 1995). Potential pondberry habitat occurs along the South Bainbridge and Raccoon Creek transmission lines associated with Farley Units 1 and 2, although pondberry was not observed in these areas during terestrial surveys conducted for SNC (Tetra Tech 2002). This species is considered extremely rare and is primarily known from a few populations in Baker and Wheeler Counties in Georgia. It is considered extirpated from Alabama and Florida (FWS 1993). This species could be affected by vegetation management activities conducted near wetland habitats within associated transmission line ROWs (e.g., mowing and herbicide use). However, because it is a shrub that would not respond well to ongoing mowing and herbicide application, and because of its extreme rarity (FWS 1993), this species is most likely absent from the transmission line ROWs.

However, if pondberry were discovered within these ROWs, its location would be marked and avoided during regular vegetation maintenance activities. Therefore, the staff has concluded that the continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, pondberry.

2. Paronychia chartacea minima, Crystal Lake nailwort Crystal Lake nailwort was listed by FWS as threatened in 1987 (FWS 1999c) throughout its entire range. The primary threat to this species, resulting in its protected status, is the loss of scrub habitat; more than two-thirds of this habitat was lost by 1980. It is a short-lived (i.e.,

annual) mat-forming herb that is found along the margins of karst lakes in the Florida panhandle. The Crystal Lake nailwort is apparently favored by mild disturbance, prefers open habitats, and thrives in fire lanes and along sand roads. Flowering occurs in late summer and fruits mature in September and October (FWS 1999c). SNC has not observed this plant at Farley (SNC 2003b) and it was not found during terrestrial surveys along associated transmissions lines conducted for SNC. The transmission line occurring in Florida (i.e., Sinai Cemetary) does not traverse areas near lake shores; therefore, it is unlikely to be found along this transmission line (Tetra Tech 2002). It is also not expected to exist within the Farley site.

This species, if present, would benefit from ongoing mowing regimes within transmission line ROWs, because enough time passes between mowing events to allow for plants to mature and set seed. In addition, if populations of this herb were discovered along the Sinai Cemetery transmission line, locations would be recorded and herbicide use would be avoided in areas surrounding the population. Therefore, the staff has concluded that the continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, Crystal Lake nailwort.

3. Ptilimnium nodosum, mock bishop-weed Mock bishop-weed was listed by the FWS as endangered in 1988 (53 FR 37978 [FWS 1988a]).

At the time of its listing, this species was eliminated from over half of its known historical populations site throughout its range (FWS 1988a). The mock bishop-weed is an annual herb that reaches 10 to 40 cm (4 to 16 in.) in height. It is found in wet savannas and within peaty fringes of pineland pools and cypress ponds in Alabama and Georgia (Patrick 1995). It is also found on granite outcrops in Georgia (FWS 1990b). Mock bishop-weed is not known to occur in Alabama at Farley or in counties traversed by associated transmission lines, although it could potentially occur along the South Bainbridge transmission line in Decatur County, Georgia (Krakow 2002). However, it was not observed along this line in terrestrial surveys conducted for SNC (Tetra Tech 2002). Also, it has not been recorded within 5 km (3 mi) of the transmission line within Georgia (Krakow 2002). Therefore it is unlikely that this species is present along the transmission lines associated with Farley Units 1 and 2. The primary threat to mock bishop-weed is lowering of the water table (FWS 1990b). SNC does not impact water levels within aquatic areas traversed by associated transmission lines. It is unlikely that vegetation management activities within ROWs would have a large effect on this species, if it were present. Mowing of stream banks or wetlands and the application of herbicides might negatively affect this species, if it were to occur within the ROWs. If mock bishop-weed were identified within transmission line ROWs associated with Farley, the location would be recorded with mowing and herbicide use subsequently avoided at these locations. Therefore, the staff has concluded that the continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, mock bishop-weed.

4. Schwalbea americana, chaffseed Chaffseed was listed by the FWS as endangered in 1992 (57 FR 44703 [FWS 1992a]). At the time of its listing, 20 extant populations of this plant were known. Widespread habitat destruction as a result of development and fire suppression (thereby providing the opportunity for other vegetation to compete with this species) caused its decline (FWS 1992a). Chaffseed is a perennial herb and it reaches a height of 50 to 70 cm (19 to 28 in.). It grows in fire-maintained wet savannas and in grassy openings and swales within longleaf pine woods (Patrick 1995). It is thought to occur in Baker, Decatur, Early, Miller, Tift, and Worth Counties in Georgia (Krakow 2002) and may potentially occur in appropriate habitats along the Raccoon Creek and South Bainbridge transmission lines that traverse these areas. However, it was not observed during terrestrial surveys conducted for SNC (Tetra Tech 2002). This species is shade intolerant and adapted to open conditions. In South Carolina it is often found in power line ROWs that experience frequent mowing (FWS 1995b). This species, if present, would benefit from ongoing ROW vegetation management practices. Therefore, the staff has concluded that the continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, chaffseed.

5. Silene polypetala, fringed campion Fringed campion was listed by the FWS as endangered in 1991 (56 FR 1932 [FWS 1991c]).

This plant is known to occur in two separate geographic areas; a four-county area in central Georgia, west of Macon and at the confluence of the Flint and Apalachicola Rivers in a three-county area (i.e., occurs on both Georgia and Florida borders). Threats to this plant include logging, development, and the invasive Japanese honeysuckle plant (FWS 1991c). The fringed campion is a perennial, mat-forming herb that spreads by sending out long runners, which terminate in rosettes (Patrick 1995). Each rosette produces one to several flowering shoots up to 40 cm (16 in.) in height (FWS 1992b). It occupies mature hardwood and hardwood-pine forests on river bluffs, stream terraces, moist slopes, and well shaded ridge crests (Patrick 1995). Fringed campion is thought to be present in Jackson County, Florida and Decatur County, Georgia, and thus may be present in appropriate habitats within the ROWs for the Sinai Cemetery and South Bainbridge transmission lines (i.e., lines associated with Farley Units 1 and 2). It is shade-tolerant and negatively affected by activities that disturb the litter layer (Patrick 1995). Therefore, it is unlikely to be found within ROW areas that are regularly mowed or treated with herbicides and, if not present, will not be affected by ongoing vegetation management. However, the fringed campion may potentially occur in areas adjacent to these ROWS that have no vegetation management and will not be affected by transmission line maintenance activities. Therefore, the staff has concluded that the continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, fringed campion.

6. Spigelia gentianoides, gentian pinkroot Gentian pinkroot was listed by the FWS as endangered in 1990 (55 FR 49046 [FWS 1990a]).

Its historical range included counties adjacent to its known occurrences at the time of listing which included two populations in Jackson County, Florida. This plant declined due to threats from recreational activities and habitat alteration from forestry practices (FWS 1990a). The gentian pinkroot is an extremely rare perennial herb with a single stem reaching 10 to 30 cm (4 to 12 in.) in height. It occupies mixed pine-hardwood forests and longleaf-wiregrass woods (FWS 1992c). Gentian pinkroot is present in Jackson County, Florida (Carmody 2002) and may occur in appropriate habitats within the ROW of the Sinai Cemetery transmission line associated with Farley Units 1 and 2. However, no observations of this species were noted during terrestrial surveys conducted for SNC (Tetra Tech 2002). Little is known about its habitat requirements (FWS 1992c). It is known to normally occur in woodlands and forests; these habitats are unlikely within the transmission line ROWs where vegetation management occurs (e.g., regular cycles of mowing). Therefore, the staff has concluded that the continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, gentian pinkroot.

7. Thalictrum cooleyi, Cooleys meadowrue Cooley's meadowrue was listed by the FWS as endangered in 1989 (54 FR 5935 [FWS 1989]).

Its decline is due to threats including fire suppression, mining, drainage activities associated with silviculture and agricultural, and development (FWS 1989). Cooleys meadowrue is a tall (1 m [3.3 ft]) perennial herb that occurs in fine sandy loam within open, periodically disturbed, seasonally wet pine-hardwood stands and within adjacent wet savannas (Patrick 1995; FWS 1994). It may now be mainly limited to roadsides and power line ROWs in Georgia (Patrick 1995). Cooley's meadowrue is thought to occur in Decatur, Tift, and Worth counties in Georgia (Krakow 2002). It is known to occur within ROWs of power lines and it is possible that Cooley's meadowrue is present in appropriate habitats within the ROWs of the Raccoon Creek and South Bainbridge transmission lines associated with Farley Units 1 and 2. However, it was not observed along these lines during terrestrial surveys conducted for SNC (Tetra Tech 2002).

Ongoing vegetation management (i.e., mowing) within these ROWs benefits this species, if present, in that it provides an open and periodically disturbed habitat that suits this plant (FWS 1994). Therefore, the staff has concluded that the continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, Cooley's meadowrue.

8. Torreya taxifolia, Florida torreya Florida torreya was listed by the FWS as endangered in 1984 (49 FR 2783 [FWS 1984b]). It historically occurred within the Apalachicola River area in Georgia and Florida. Its decline resulted from a fungal disease that kills trees prior to their reaching seed-bearing size (FWS 1984b). The blight that resulted in critically endangering this species may possibly be associated with fire suppression (Esser 1993). Most mature trees were killed by this fungus and other infections; this left root sprouts that generally grow to less than 3 m (9.8 ft) in height before also succumbing to this fungus (FWS 1991d). The commercial fungicide Maneb successfully treats the fungus (Esser 1993). The Florida torreya is a relatively small, conical, needle-bearing evergreen tree that reaches up to 18 m (59 ft) in height (Patrick 1995; FWS 1991d). It occurs in beech-magnolia forests, mixed hardwoods on middle slopes of steep ravines with nearly permanent seepage (steepheads), and on lower ravine slopes and adjacent floodplains (Patrick 1995). Florida torreya is thought to occur in Decatur County, Georgia and Jackson County, Florida. The transmission lines in these areas may potentially have habitat conducive for this species (i.e., within the Sinai Cemetery and South Bainbridge transmission line ROWs). However, this species was not observed along these lines in the terrestrial survey conducted for SNC (Tetra Tech 2002). It is unlikely that the Florida torreya will occur within the ROWs in which vegetation management occurs (i.e., due to historical mowing or herbicide application) and where most trees were removed when the ROW was originally created; therefore, this evergreen is unlikely to be affected by ongoing ROW vegetation management. If individuals of this species are discovered, mowing and herbicide application would be avoided in the immediate area. Therefore, the staff has concluded that the continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, Florida torreya.

9. Trillium reliquum, relict trillium Relict trillium was listed by the FWS as endangered in 1988 (53 FR 10879 [FWS 1988b]). At the time it was listed, it was only known from ten locations, including two sites in Alabama and five sites in Georgia. Threats that led to this species decline include timber harvesting, wildfires, and development (FWS 1988b). Relict trillium is a small perennial herb with three strongly mottled leaves on the end of a 5-to 25-cm (2-to 10-in.) long stem. It is mainly found in undisturbed hardwood forests in Alabama, Georgia, and South Carolina (Patrick 1995; FWS 1990c). Relict trillium is thought to occur in Henry County, Alabama (Lewis 2002) and Decatur, Early, and Tift Counties, Georgia (Krakow 2002). This species may occur within the ROWs of transmission lines associated with Farley Units 1 and 2 that traverse these areas (i.e.,

Snowdoun, Raccoon Creek, and South Bainbridge). However, this species is negatively affected by disturbance (FWS 1990c) and past vegetation management within the ROWs make it unlikely to occur in these areas. It is also unlikely to be significantly affected by ongoing vegetation management in the ROWs, if not present; mowing and herbicide use are unlikely to be used in habitats the relict trillium inhabits, if present. Therefore, the staff has concluded that the continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, relict trillium.

10. Panicum hirstii (Dicanthelium hirstii), Hirsts panic grass Hirst's panic grass, a candidate for listing, is a purplish-green grass reaching heights of 0.6 to 1.2 m (2 to 4 ft). It is found in small, seasonally wet ponds (Patrick 1995). Hirst's panic grass has been recorded as occurring in Miller County, Georgia (USDA 2002), although it may be extirpated from Georgia (FWS 2002). It may be present in appropriate habitats within the South Bainbridge transmission line ROW. The main cause for decline of Hirst's panic grass is drainage of wetlands and encroachment by woody vegetation (FWS 2002). Farley Units 1 and 2 do not alter water levels within the ROWs of its associated transmission lines and woody vegetation is controlled by vegetation management within these ROWs. If present along this transmission line, this species is likely to benefit from ongoing vegetation management.

Therefore, the staff has concluded that the continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, Hirst's panic grass.

V. DESCRIPTION OF LISTED AQUATIC SPECIES POTENTIALLY OCCURRING IN PROJECT AREA This section describes the Federally protected acquatic species that may occur at the Farley site, near Farley Units 1 and 2, or within habitats of associated transmission line ROWs.

A. Fish

1. Acipenser oxyrinchus desotoi, Gulf sturgeon The Gulf sturgeon was listed as a Federally threatened species on September 30, 1991 ([56 FR 49653] FWS 1991e). Historically, this fish occurred in most major rivers from the Mississippi River to the Suwannee River; currently, its population levels in these rivers are unknown (with the exception of the Suwannee and the Apalachicola Rivers) but are considered reduced from historic levels. This is an anadromous fish, migrating from marine habitats (i.e., the marine waters of the central and eastern Gulf of Mexico to Florida Bay) into large coastal rivers. Both immature and mature fish migrate into freshwater rivers, spending eight to nine months each year in the rivers and three to four of the coolest months in the estuaries and Gulf waters. Gulf sturgeon less than two years old remain in riverine and estuary habitats all year. Barriers (e.g.,

dams) to its spawning habitats, loss of habitat, poor water quality, and overfishing are considered threats that negatively impacted this species (FWS 2003h).

Gulf sturgeon migrated 322 km (200 mi) upstream into the Apalachicola-Chattahoochee-Flint River system (ACF) before the dam construction in 1957 (i.e., the Jim Woodruff Lock and Dam), with numerous anecdotal reports of this fish in the Flint and Chattahoochee Rivers. No evidence exists that the Gulf sturgeon passes through this lock system. A recovery plan for the Gulf sturgeon was issued in September 1995 by the FWS (FWS 1995b). Critical habitat was designated for the Gulf sturgeon on March 19, 2003 ([68 FR 13370] FWS 2003i) but does not include any critical habitat units for the Chattahoochee River or in the areas traversed by transmission lines associated with Farley Units 1 and 2 (FWS 2003i). It is not expected that the Gulf sturgeon will occur in the lower Chattahoochee River, in the vicinity of Farley nor immediately downstream of Farley, due to the lock and dam located downstream that impedes upstream migration into the area. The Recovery Plan for the Gulf sturgeon does not note any known recent occurrences in this area (FWS 1995b).

This dam structure continues to completely restrict any migration of the Gulf sturgeon upstream. The FWS recovery plan for the Gulf sturgeon recommends a recovery action that involves identifying critical dam and lock sites that offer the greatest feasibility for successful restoration of up-river spawning areas. Subsequent recommended actions include providing a viable bypass route around these structures (FWS 1995a). If the Jim Woodruff Lock and Dam is identified in the future and is subsequently retrofitted with a bypass, the potential affects on the Gulf sturgeon from the continued operations of Farley Units 1 and 2 would need to be re-evaluated. The staff concludes that the continued operation of Farley Units 1 and 2 will have no effect on the Gulf sturgeon.

B. Invertebrates All six Federally listed freshwater mussels described in this section were listed as Federally endangered or threatened species on March 16, 1998, (63 FR 12664 [FWS 1998]) throughout their range. Because of the extent of their decline and continuing threats to habitat, securing the viability of existing subpopulations of six listed freshwater mussel species and their habitat are part of FWSs recovery plan (FWS 2003g). Current plans are to reestablish viable populations within their historical ranges that have suitable habitat and water quality (FWS 2003g).

The six freshwater mussels evaluated in this BA, dramatically declined and were extirpated from most of their historical range by the impacts of human activities. These threats included the construction of impoundments, channelization, pollution, sedimentation, and other factors.

Current threats to the remaining populations include habitat fragmentation or destruction by erosive land practices, construction of new impoundments, water withdrawals, and invasive species. Such activities result in mussel habitats impacted by sedimentation, turbidity changes, increased suspended solids, and pesticides. In particular, mussel species with low population levels and restricted ranges (especially the fat threeridge, Gulf moccasinshell, oval pigtoe, and purple bankclimber) are particularly vulnerable to toxic chemical spills and other catastrophic events, and further genetic isolation. However, the FWS recovery plan is addressing these remaining threats by applying knowledge of current freshwater mussel distributions and habitat needs in conjunction with the reduction or prevention of threats (i.e., through regulatory mechanisms, habitat restoration programs, and partnerships with various stakeholders) (FWS 2003g).

1. Amblema neislerii, fat threeridge Within its range, the (endangered) fat threeridge is known to occur in Florida (FWS 2003a),

while it is endemic to the ACF and historically occurred in the Apalachicola, Flint, and Chipola Rivers (FWS 2003g). It has never been reported from the Chattahoochee River drainage (Brim Box 2000). It is currently considered extirpated from the Flint River (which constituted the majority of its historical range) and is known to occur at 15 sites of unknown viability in the Apalachicola and lower Chipola Rivers. The fat threeridge inhabits main channels of small to large rivers with slow-to-moderate currents. It uses substrates that vary from gravel to cobble to a mixture of sand and sandy mud (FWS 2003g; Brim Box 2000). Five potential host fish species have been identified for the fat threeridge; the weed shiner, bluegill, redear sunfish (Lepomis microlophus), largemouth bass, and blackbanded darter (Percina nigrofasciata) (FWS 2003g). This species historically did not occur nor is it expected to currently occur in the lower Chattahoochee River, in the vicinity of Farley. Therefore, the staff has concluded that the continued operation of Farley Units 1 and 2 will have no effect on the fat threeridge.

2. Elliptio chipolaensis, Chipola slabshell Within its range, the (threatened) Chipola slabshell is known to occur in Alabama and Florida (FWS 2003b). Prior to its decline, it occurred in the Chipola River system and one site in the Chattahoochee River system; its range includes one tributary of the Chattahoochee River, Mill Creek in Houston County, Alabama (Brim Box 2000). It is currently known, albeit sporadically, mainly from the middle portion of the Chipola River system. The Chipola slabshell inhabits large creeks and the Chipola Rivers main channel in slow to moderate currents and in substrates of silty sand. It is typically found in sloping bank habitats. The historical extent of occurrence for this species in the lower Chattahoochee River is 6 river miles, with a current extent of 0 river miles and no known subpopulations (FWS 2003g). Only one individual specimen of the Chipola slabshell was found in Mill Creek in 1991-92 and this is the only known record of this species from outside of the Chipola River drainage (Brim Box 2000). This species historically occurred in a tributary of the lower Chattahoochee River, but is not expected to currently occur in the lower Chattahoochee River, in the vicinity of Farley. Therefore, the staff has concluded that the continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, the Chipola slabshell.

3. Elliptoideus sloatianus, purple bankclimber Within its range, the (threatened) purple bankclimber is known to occur in Georgia and Florida (FWS 2003c). Although it once occurred in larger streams throughout the ACF and Ochlockonee River systems, it is now known to sporadically occur in the Apalachicola, Flint, and Ochlockonee Rivers, and to occur at single sites in the Chattahoochee River and a Flint River tributary (FWS 2003g). Populations of the purple bankclimber were found in a 1991-92 study, immediately below the Jim Woodruff Lock and Dam in the Apalachichola River. A total of 30 sites with the purple bankclimber were found in the Apalachichola and Flint Rivers. It is the second largest freshwater mussel in the ACF Basin, with the largest specimens now found in the Apalachicola River below this dam (Brim Box 2000). The purple bankclimber inhabits small to large river channels with slow to moderate currents and with sand, sand mixed with mud, or gravel substrates. It uses the eastern mosquitofish (Gambusia holbrooki), blackbanded darter, guppy (Poecilia reticulata), and greater jumprock as host fish. The historical extent of occurrence for this species in the lower Chattahoochee River is 75 river miles, with a current extent of 0 river miles and no known subpopulations (FWS 2003g). It is not expected that this species currently occurs in the lower Chattahoochee River, in the vicinity of Farley. The last record of this species in the Chattahoochee River was in the early 1800s, with the exception of one live individual recently noted in 2000, in Lee County, AL and Harris County, GA (FWS 2003g; Brim Box 2000). Therefore, the staff has concluded that the continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, the purple bankclimber.

4. Lampsilis (Villosa) subangulata, shinyrayed pocketbook Within its range, the (endangered) shinyrayed pocketbook is known to occur in Alabama, Georgia, and Florida (FWS 2003d). It is historically endemic to the main channels and tributaries of the ACF Basin rivers (i.e., includes the Chattahoochee River) and Ochlockonee River system; it currently occurs in scattered areas in tributaries of the ACF Basin and in the Ochlockonee River and is considered extirpated from the main stems of these rivers with the exception of the Flint River (FWS 2003g; Brim Box 2000). The shinyrayed pocketbook inhabits small to medium creeks and rivers. It prefers clean or silty sand substrates in slow to moderate currents. They are often found at the interface of stream channels and sloping bank habitats (i.e., in areas in which transitional sediment particle size and current strength exist) (FWS 2003g). The host fish for this mussel are the largemouth bass and spotted bass (Micropterus punctatus) (Brim Box 2000). The historical extent of occurrence in the lower Chattahoochee River is 58 river miles with a current extent of 9 river miles and two known subpopulations (FWS 2003g). In the 1991-92 survey, the shinyrayed pocketbook was found in two tributaries of the Chattahoochee River and, in 1994, this species was found in the Sawhatchee Creek (i.e.,

a creek outside the area of Farley and its associated transmission lines), another tributary of the river (Brim Box 2000). Based on the habitat modifications due to the run of the river impoundments, the lack of current records within the reach of the river where Farley is located, and the FWS conclusion that the species is no longer known beyond a reach of 9 river miles, the staff has concluded that the continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, the shinyrayed pocketbook.

5. Medionidus penicillatus, Gulf moccasinshell Within its range, the (endangered) Gulf moccasinshell is known to occur in Georgia and Florida (FWS 2003e). Historically, it occurred in the main channels and tributaries of the ACF Basin rivers and Econfina Creek. It is currently considered extirpated from the main stems of the Chattahoochee, Apalachicola, and Suwannee Rivers with known occurrences in the Econfina Creek, the Flint and Chipola Rivers, and various tributaries throughout its range (FWS 2003g).

In a 1991-92 survey, one specimen was found in a Chattahoochee River tributary (note: not clear in literature which tributary). Populations of this species in Alabama are considered to be extirpated from their historical range (Brim Box 2000). The Gulf moccasinshell is found within the channels of small-to medium-sized creeks and large rivers with slow to moderate currents and with sand and gravel or silty sand substrates. Fish hosts for this mussel include the blackbanded darter and the brown darter (Etheostoma edwini) (Brim Box 2000). The historical extent of occurrence for this species in the lower Chattahoochee River is 84 river miles, with a current extent of 9 river miles and two known subpopulations (FWS 2003g). It is not expected that this species currently occurs in the lower Chattahoochee River, in the vicinity of Farley.

Therefore, the staff has concluded that the continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, the Gulf moccasinshell.

6. Pleurobema pyriforme, oval pigtoe Within its range, the (endangered) oval pigtoe is known to occur in Georgia and Florida (FWS 2003f). Its historic range includes the Suwannee drainage west to the Econfina Creek drainage (Brim Box 2000). The oval pigtoe occurs in small to medium-sized creeks to small rivers and it uses silty sand to sand and gravel substrates, typically with slow to moderate currents. Stream channels provide the best habitat for this species. Glochidia use the sailfin shiner (Pteronotropis hpselopterus), eastern mosquitofish and the guppy to host their transformation to juveniles. The historical extent of occurrence for this species in the lower Chattahoochee River is 84 river miles, with a current extent of 9 river miles and approximately one known subpopulation (FWS 2003g). No live specimens or shells were found in the Chattahoochee River mainstem during the 1991-92 survey, although two shells were found in a tributary of this river (i.e., the Sawhatchee Creek), and additional live individuals were found in this tributary, in 1994. This species is considered extirpated from its historic localities in the Chattahoochee River with the exception of the Sawhatchee Creek located in southwestern Georgia (Brim Box 2000) and outside the area of Farley and its associated transmission lines. This species is not expected to currently occur in the lower Chattahoochee River, in the vicinity of Farley.

Therefore, the staff has concluded that the continued operation of Farley Units 1 and 2 may affect, but is not likely to adversely affect, the oval pigtoe.

VI. CONCLUSIONS This BA examined the potential effects of the proposed action on all twenty-four Federally listed species and one candidate species for the project area.

In summary, vegetation management practices within the transmission line ROWs associated with Farley Units 1 and 2 created habitat for plant species that prefer open, early successional habitats. This type of habitat has been greatly reduced in surrounding areas due to fire suppression. Therefore, vegetation management along transmission lines provides a potentially beneficial effect for species adapted to these open conditions (i.e., Crystal Lake nailwort, chaffseed, Cooleys meadowrue, and Hirsts panic grass). Because these ROWs have been maintained as open habitats for over 30 years, plant species not adapted to these habitats (i.e., pondberry, fringed campion, gentian pinkroot, Florida torreya, and relict trillium) are unlikely to be present in the ROWs in which vegetation management occurs.

SNC has no plans to conduct major refurbishment or construction activities at Farley to support continued operation during the license renewal period. The proposed project is not a major construction activity and the proposed project is not located near designated critical habitat of any of the threatened and endangered species discussed in this assessment.

Based on historic range and distribution, current known occurrences, life history information operational characteristics of the plant, the known thermal plume characteristics, and studies on other discharges of the plant, the continued operation of Farley Units 1 and 2 during the proposed 20-year license renewal period will have no effect on the fat threeridge, and may affect, but is not likely to adversely affect, the Chipola slabshell, purple bankclimber, shinyrayed pocketbook, Gulf moccasinshell, and oval pigtoe.

In addition, the staff has concluded that the proposed action will have no effect on the wood stork, Gulf sturgeon, American alligator, eastern indigo snake, gray bat, or Indiana bat. The NRC has determined that the proposed action may affect, but is not likely to adversely affect, the bald eagle, red-cockaded woodpecker, flatwoods salamander, pondberry, mock bishop-weed, fringed campion, gentian pinkroot, Florida torreya, relict trillium, Crystal Lake nailwort, chaffseed, Cooleys meadowrue, and Hirsts panic grass.

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U.S. Fish and Wildlife Service (FWS). 1994. Cooleys Meadowrue Recovery Plan. U.S. Fish and Wildlife Service, Southeast Region, Atlanta, GA.

U.S. Fish and Wildlife Service and Gulf States Marine Fisheries Commission (FWS). 1995a.

Gulf Sturgeon Recovery Plan. Atlanta, Georgia.

U.S. Fish and Wildlife Service (FWS). 1995b. American Chaffseed (Schwalbea americana)

Recovery Plan. U.S. Fish and Wildlife Service, Northeast Region, Hadley, MA.

U.S. Fish and Wildlife Service (FWS). 1998. Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Five Freshwater Mussels and Threatened Status for Two Freshwater Mussels From the Eastern Gulf Slope Drainages of Alabama, Florida, and Georgia. Federal Register. Vol. 63, No. 50, pp. 12664-12687.

U.S. Fish and Wildlife Service (FWS). 1999a. Proposed Rule to Remove the Bald Eagle in the Lower 48 States from the List of Endangered and Threatened Wildlife. Federal Register.

Vol. 64, No. 128, pp. 36453-36464. July 6, 1999.

U.S. Fish and Wildlife Service (FWS). 1999b. Endangered and Threatened Wildlife and Plants; Final Rule to List the Flatwoods Salamander as a Threatened Species. Federal Register. Vol. 64, No. 62, pp. 15691-15704. April 1,1999.

U.S. Fish and Wildlife Service (FWS). 1999c. Papery Whitlow-wort. In: Multi-species Recovery Plan for South Florida. U.S. Fish and Wildlife Service, Southeast Region. May.

Available at: http://southeast.fws.gov/vbpdfs/species/plants/pach.pdf. Accessed:

December 8, 2003.

U.S. Fish and Wildlife Service (FWS). 2002. Candidate And Listing Priority Assignment Form, Panicum hirstii. February 2002. Available at:

https://ecos.fws.gov/docs/candforms_pdf/r5/panhir.pdf. Accessed: December 12, 2003.

U.S. Fish and Wildlife Service (FWS). 2003a. Species Profile: Fat Three Ridge (mussel),

Amblema neislerii. Available at:

https://ecos.fws.gov/species_profile/SpeciesProfile?spcode=F032. Accessed:

December 6, 2003.

U.S. Fish and Wildlife Service (FWS). 2003b. Species Profile: Chipola Slabshell (clam),

Elliptio chipolaensis. Available at:

https://ecos.fws.gov/species_profile/SpeciesProfile?spcode=F03O. Accessed:

December 6, 2003.

U.S. Fish and Wildlife Service (FWS). 2003c. Species Profile: Purple Bankclimber (mussel),

Elliptoideus sloatianus. Available at:

https://ecos.fws.gov/species_profile/SpeciesProfile?spcode=F02E. Accessed:

December 6, 2003.

U.S. Fish and Wildlife Service (FWS). 2003d. Species Profile: Shinyrayed pocketbook (clam),

Lampsilis (Villosis) subangulata. Available at:

https://ecos.fws.gov/species_profile/SpeciesProfile?spcode=F02Y. Accessed:

December 6, 2003.

U.S. Fish and Wildlife Service (FWS). 2003e. Species Profile: Gulf Moccasinshell (clam),

Medionidus penicillatus. Available at:

https://ecos.fws.gov/species_profile/SpeciesProfile?spcode=F03M. Accessed:

December 6, 2003.

U.S. Fish and Wildlife Service (FWS). 2003f. Species Profile: Oval Pigtoe (clam), Pleurobema pyriforme. Available at: https://ecos.fws.gov/species_profile/SpeciesProfile?spcode=F02S.

Accessed: December 6, 2003.

U.S. Fish and Wildlife Service (FWS). 2003g. Recovery Plan for Endangered Fat Threeridge (Amblema neislerii), Shinyrayed Pocketbook (Lampsilis subangulata), Gulf Moccasinshell (Medionidus pencillatus), Ochlockonee Moccasinshell (Medionidus simpsonianus), and Oval Pigtoe (Pleurobema pyriforme); and Threatened Chipola Slabshell (Elliptio chipolaensis), and Purple Bankclimber (Elliptoideus sloatianus). Atlanta, Georgia.

U.S. Fish and Wildlife Service (FWS). 2003h. Species Profile: Gulf Sturgeon, Acipenser oxyrinchus desotoi. Available at:

https://ecos.fws.gov/species_profile/SpeciesProfile?spcode=E04W. Accessed:

December 6, 2003.

U.S. Fish and Wildlife Service (FWS). 2003i. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Gulf Sturgeon; Final Rule. Federal Register. Vol.

68, No. 53, pp. 13370-13418.

U.S. Geological Service (USGS). 2000. Surface-Water Data, Georgia, Water Year 1999.

Water-Data Report GA-99-1.

U.S. Geological Service (USGS). 2002. Apalachicola River Basin, 2002 Water Year, Station Number 02343801 Chattahoochee River Near Columbia, Alabama. Includes summary statistics for Water Years 1976-2002.

U.S. Nuclear Regulatory Commission (NRC). 1996. Generic Environmental Impact Statement for License Renewal of Nuclear Plants. NUREG-1437, Washington, D.C.

ENCLOSURE 2

CONCERNS RAISED BY U.S. FISH AND WILDLIFE SERVICE IN ITS FEBRUARY 6, 2004, CORRESPONDENCE RELATED TO NPDES REGULATED DISCHARGES The U.S. Nuclear Regulatory Commission (NRC) staff herein addresses the concerns expressed by the U.S. Fish and Wildlife Service (FWS) in its February 6, 2004, letter regarding the proposed action and its impacts to aquatic species with particular focus on National Pollution Discharge Elimination System (NPDES) permit limits for temperature, the use of biocides, and entrainment. Substantive regulation of water pollution is not within the statutory authority of the NRC. See Tennessee Valley Authority (Yellow Creek Nuclear Plant, Units 1 &

2), ALAB-515, 8 NRC 702. 712-13 (1978). Authority for NPDES permitting lies with EPA or the States under the Clean Water Act. The Endangered Species Act provides for a consultation process with agencies (here the NRC) involved with a proposed action. The NRCs response to consultation is limited to actions within its authority. The NRC has responded to your concerns, however, as stated above, NRC authority does not extend to substantive regulation of water pollution, e.g., setting discharge limits.

A. Low-Level Radionuclide Discharges The NRC has not established radiation exposure standards for fish and wildlife because it is assumed that radiation guidelines which are protective of human health also provide adequate protection to plants and animals. The validity of this assumption has been upheld by national and international bodies that have examined the issue, including the National Council on Radiation Protection and Measurement (NCRP Report No. 109, Effects of Ionizing Radiation on Aquatic Organisms, 1991), the International Atomic Energy Agency (IAEA Technical Report Series No. 332, Effects of Ionizing Radiation on Plants and Animals at Levels Implied by Current Radiation Protection Standards, 1992), and the International Commission on Radiological Protection (ICRP Publication 26, 1977). In all of these cases, it has been emphasized that individuals of non-human species may be adversely affected by such radiation levels, but effects at the population level are not detectable.

For Federally threatened and endangered species, effects on an individual organism becomes of critical concern, rather than effects solely to the species populations. The existence of extremely radiosensitive biota is possible, with this heightened radiosensitivity possibly a result of environmental interactions with other stresses (e.g., heat, biocides). However, no biota have yet been discovered that show a significantly increased sensitivity (i.e., morbidity or mortality) to radiation exposure at predicted levels. Furthermore, at all nuclear power plants for which an analysis of radiation exposure to biota (i.e., non-humans) has been made, there have been no cases of exposures that can be considered significant in terms of harm to the species or that approach the exposure limits set for public health (NRC 1996)

The NRC has rigorous limits on allowable effluent releases from nuclear power plants. These are defined in Appendix B to Part 20 of Title 10 of the Code of Federal Regulations (CFR).

Nuclear power plants are limited by license conditions to more restrictive off-site dose limits defined by Appendix I to 10 CFR Part 50. To ensure compliance with Appendix I limits, radionuclide releases to the environment are through systems which reduce the releases to below regulatory limits. The NRC requires licensees to report plant discharges, results of environmental radiological monitoring around their plants, as well as calculated doses to ensure the potential impacts are detected and reviewed. In annual reports, licensees identify the amount of liquid and airborne radioactive effluents discharged from plants. Licensees also must report environmental radioactivity levels around their plants annually. Copies of the reports for Farley Units 1 and 2 were provided by Southern Nuclear Operating Company, Inc.

(SNC) to the FWS (Pierce 2004). The NRC assumes that radionuclide limits that protect public health also protect biota, including the Federally listed freshwater mussels considered in the BA.

B. Chemical and Thermal Plume Discharges Hydrazine Hydrazine is used to prevent corrosion in closed systems, including the main steam and reactor cooling systems, by removing dissolved oxygen. During startup, hydrazine also helps to form a passivation layer on coolant system components, protecting the system. Farley Units 1 and 2 use hydrazine in the reactor cooling system during unit startups; this requires approximately 4.7 L (5 quarts) of hydrazine with each start up. In the plants secondary system of chemical control, hydrazine is added as needed to maintain approximately a 110-150 ppb concentration in this system. During the wet lay-up process (i.e., the process of filling the steam generator with water to prevent corrosion during shutdown), the hydrazine concentration is maintained at a 75 to 500 ppm concentration in the steam generators. Discharges from the main steam and reactor cooling systems, including blowdown, that contain hydrazine are minimized to the maximum extent possible and monitored to ensure compliance with water quality permit requirements to protect public health and biota (ADEM 2001).

Cooling system water discharges containing hydrazine from Farley Units 1 and 2 into the Chattahoochee River are closely monitored under the NPDES program and Farleys NPDES permit (ADEM 2001). Also, the NPDES permit limits are reviewed on a regular basis by State regulatory agencies (e.g., Alabama Department of Environmental Management [ADEM]) to ensure the protection of water quality. For its NPDES permit, Alabama Power Company (APC) conducted a hydrazine study between October 31 to November 1, 1990. This study used EPA approved mathematical modeling techniques to generate isoplethic plots of hydrazine concentrations; it related the hydrazine data set to total residual chlorine (TRC) field data (i.e.,

September 28-30, 1990 TRC data). This study was performed during a period in which worst case conditions of river low flow and high water temperatures occurred. APC described the results of this study to the ADEM, indicating that significant concentrations of hydrazine in the Chattahoochee River will not occur during the draining of layup water containing hydrazine (APC 1991). As a result of this study, ADEM did not set a NPDES limit for hydrazine in Farleys discharges but rather a mandate for monitoring. Farleys current NPDES permit requires it to sample during periods of discharge after layup or other non-routine discharges where hydrazine has been added. Table 1 describes hydrazine analytical results from such sampling between 2001 and 2003 (ADEM 2001).

Although the NPDES permit for Farley Units 1 and 2 has no limit for hydrazine, SNC is required to monitor hydrazine concentrations from Farley discharge releases during periods of hydrazine use (ADEM 2001) to comply with its NPDES permit. Additionally, the studies that APC conducted in 1990-91 demonstrated that at an end of pipe value of 70 ppb, the water quality criterion for hydrazine would not be exceeded in the mixing zone during an extreme low flow event (i.e., the hydrazine concentration outside the zone of initial dilution would be well below the 70 ppb value and protective of aquatic life) (APC 1991). The results demonstrated in Table below show that end of pipe values were all well under this 70 ppb value, with the exception of one, over the 2-year period (2001-02). The periodic NPDES permit renewals (i.e., every 5 years) provide the opportunity to require modification of the plants discharges or to alter discharge monitoring in response to water quality concerns in the future.

Table 1.

Hydrazine Analytical Results for 2001-02 at the Main Combined Facility Discharge Location.

Date Value (mg/L) 10/26/2001 0.082 10/28/2001 0.005 11/05/2001 0.004 11/12/2001 0.012 10/09/2002 0.023 10/21/2002 0.005 Total Residual Chlorine (TRC)

The service water systems at Farley provide cooling capability that is essential to the continued safe operation of the plant (APC 1991). A program to control macrofouling by the Asiatic clam, Corbicula fluminea, within Farleys closed cycle cooling system began in 1986 as a result of safety related issues. A study to determine the minimum combination of chlorine concentration and exposure duration for Corbicula control resulted in an ADEM Approved Best Management Practices Plan for the Control of Corbicula at Farley on April 15, 1988 (APC 1990).

Macrofouling efforts at Farley include a daily chlorine dioxide treatment, used to control general fouling in the service water system, and a periodic Corbicula control program using sodium hypochlorite (APC 1991).

In accordance with Farleys NPDES permit, TRC samples must be taken during periods of chlorination use for control of Corbicula or microbiofouling to verify compliance with TRC limitations (i.e., a daily maximum of 0.20 mg/L and a monthly average of 0.20 mg/L if more than one sample is taken in that month) (ADEM 2001). Reviewing analytical results for TRC at Farley Units 1 and 2 between October 1, 2002, and September 30, 2003 (daily sampling at the Main Combined Facility Discharge location), TRC values ranged from 0.01 mg/L to 0.18 mg/L, with a monthly average of 0.08 mg/L (ADEM 2001). Table 2 provides these data in more detail.

All results were below the NPDES permit limits set to protect water quality and uses of the river (i.e., including environmental uses).

Table 2. TRC Analytical Results for October 1, 2002, to September 30, 2003, at the Main Combined Facility Discharge Location.

Date Average Value (mg/L)

Lowest Value (mg/L)

Highest Value (mg/L)

Number of Samples October 2002 0.05 0.01 0.18 26 November 2002 0.12 0.01 0.16 29 December 2002 0.13 0.05 0.18 31 January 2003 0.1 0.01 0.13 24 February 2003 0.1 0.01 0.15 26 March 2003 0.09 0.01 0.18 23 April 2003 0.02 0.01 0.08 26 May 2003 0.08 0.01 0.15 27 June 2003 0.11 0.01 0.15 24 July 2003 0.05 0.01 0.13 25 August 2003 0.09 0.01 0.15 26 September 2003 0.1 0.01 0.15 23 Based on review of literature and operational monitoring reports, consultations with utilities and regulatory agencies, and comments on the NRCs draft GEIS, water quality effects of discharge of chlorine and other biocides are considered to be of small significance for all nuclear power plants. Small quantities of biocides are readily dissipated and/or chemically altered in the receiving water body so that significant cumulative impacts to water quality would not be expected (NRC 1996). No change in operation of the cooling system is expected during the license renewal term, so no change in the effects of biocide discharges on receiving water quality is anticipated (SNC 2003b).

Temperature The blowdown from the cooling towers (three cooling towers per unit) is discharged at the surface into the Chattahoochee River (AEC 1974) and a small portion of the service and circulating water flow is returned to the river (SNC 2003). A study of the thermal plume (i.e.,

defined as water with a 2.8
C [5
F] or more temperature rise above ambient river temperature) associated with the discharge of service and cooling water from Farley Units 1 and 2 back to the Chattahoochee River showed that the thermal plume extended less than 7.6 m (25 ft) downstream of the discharge structure. The discharge plume declined in temperature to 1.1
C (2
F), or less, above ambient river temperature approximately 122 m (400 ft) downstream of the discharge structure. Temperatures of this discharge plume, were within 0.7
C (1.2
F) of ambient river temperature at a distance of less than 457 m (1500 ft) from the discharge structure. This study was conducted during a low flow event 23 m3/s (820 cfs) during cool weather conditions (February) (APC 1991). Thus, thermal discharges related to the operation of Farley Units 1 and 2 affect a relatively small area of the Chattahoochee River. The Farley Units 1 and 2 cooling water intake and discharge are closely monitored under the NPDES program, and NPDES permit limits are reviewed on a regular basis by State regulatory agencies to ensure the protection of aquatic biota.

C. Entrainment Although the intrusion of the non-native Asiatic clam into the service water system at Farley demonstrates the possibility for similar shellfish species (i.e., egg and larval stages) to become entrained, several controls and characteristics of the plant keep the impacts of entrainment small. However, even low rates of entrainment can be a concern when an unusually important resource is affected, such as Federally threatened or endangered species (NRC 1996).

Cooling towers mitigate entrainment losses of species for power plants. Unlike once-through cooling systems at a number of other nuclear power plants, use of closed-cycle cooling at Farley Units 1 and 2 minimizes water withdrawals from the Chattahoochee River. As a result, the probability of entraining Federally protected freshwater mussels, even if these species were to become present in the vicinity of Farley, is small. The Federal Water Pollution Control Act of 1972, Section 316(b) entrainment studies conducted for Farley Units 1 and 2 support the finding that entrainment may affect, but will not adversely affect Federally protected freshwater mussels, if present (SNC 2003). The relatively small volumes of makeup and blowdown water needed for closed-cycle cooling systems result in concomitantly low entrainment, impingement, and discharge effects. Studies of intake and discharge effects of closed-cycle systems have generally supported the judgment that the impacts are not noticeable (NRC 1996).

Although threatened or endangered freshwater mussels are generally not presently known to exist in the Chattahoochee River near Farley, the FWS recovery plan (2003) endeavors to reestablish these species in their historic habitats. It is unlikely that the small volumes of water withdrawn and discharged by this closed-cycle cooling system would interfere with the future restoration of these protected mussels habitats and reestablishment of their populations.

Based on reviews of literature and operational monitoring reports, consultations with utilities and regulatory agencies, and comments on the NRCs draft GEIS, these potential effects have not been shown to cause reductions in the aquatic populations near any existing nuclear power plants. Effects of all of these issues are considered to be of small significance for all plants (NRC 1996).

D. Transmission Line Maintenance The staff expects that best management practices (BMP) for protecting aquatic habitats while carrying out vegetation management activities will be implemented by SNC and its contractors.

This includes pre-activity surveys, training of field staff to recognize Federally listed species and their habitats, minimal use of approved herbicides (i.e., for aquatic habitats), and practices that minimize erosion near or within such habitats. The protection of native vegetation at aquatic crossings and, when possible, the planting of native vegetation to re-establish these plant communities to protect these crossings is highly recommended by staff. The staff expects that SNC and its vegetation management contractors will work with the FWS and State agencies, as required (e.g., within Elmodel or Lake Seminole Wildlife Management Areas) to ensure that any maintenance operations for the transmission lines associated with Farley Units 1 and 2 minimize any potential for adverse impacts on Federally listed species that may occur in the project area and their habitats.

REFERENCES Alabama Department of Environmental Management (ADEM). 2001. National Pollutant Discharge Elimination System Permit, Farley Nuclear Plant, Permit No. AL0024619.

Alabama Power Company (APC). 1990. Evaluation of Mixing Zones for Temperature and Total Residual Chlorine in the Chattahoochee River Related to The Farley Nuclear Plant Main Combined Facility Discharge. November, 1990.

Alabama Power Company (APC). 1991. Final Report: Evaluation of Mixing Zones for Temperature, Hydrazine and Total Residual Chlorine in the Chattahoochee River Related to The Farley Nuclear Plant Main Combined Facility Discharge. March 1991.

Pierce, C.R. 2004. Letter from C.R. Pierce, Southern Nuclear Operating Company, Inc.,

Birmingham, Alabama to L. Goldman, U.S. Fish and Wildlife Service, Daphne, Alabama.

Subject:

"Joseph M. Farley Nuclear Plant License Renewal: Response to Requests for Information from USFWS July 9, 2002, Letter. January 16, 2004.

Southern Nuclear Operating Company (SNC). 2003. Applicants Environmental Report -

Operating License Renewal Stage Joseph M. Farley Nuclear Plants Units 1 and 2. Dothan, Alabama.

U.S. Atomic Energy Commission (AEC). 1974. Final Environmental Statement Related to Operation of Joseph M. Farley Nuclear Plant Units 1 and 2, Alabama Power Company (Docket Nos. 50-348 and 50-364). December 1974.

U.S. Nuclear Regulatory Commission (NRC). 1996. Generic Environmental Impact Statement for License Renewal of Nuclear Plants. NUREG-1437, Washington, D.C.