[Federal Register: September 8, 2009 (Volume 74, Number 172)]
[Notices]
[Page 46220-46222]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se09-91]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2009-N180; 33430-1122-0000 F2]
Proposed Low Effect Habitat Conservation Plan for Quad Cities
Nuclear Station, Rock Island County, IL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice: Receipt of application for an incidental take permit;
notice of availability.
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SUMMARY: Exelon Inc. (Applicant) has applied to the U.S. Fish and
Wildlife Service (us, Service) for an incidental take permit (ITP)
under the Endangered Species Act of 1973, as amended (Act). The
proposed permit duration is 24 years. The Applicant has prepared a
Habitat Conservation Plan (HCP) to address potential impacts to two
mussel species. We have made a preliminary determination that the HCP
and permit application are eligible for categorical exclusion under the
National Environmental Policy Act of 1969 (NEPA). The basis for this
determination is contained in an Environmental Action Statement and
low-effect screening form, which are also available for public review.
DATES: To ensure consideration, please send your written comments by
October 8, 2009.
ADDRESSES: Send written comments to Richard C. Nelson, Field
Supervisor, by U.S. mail at U.S. Fish and Wildlife Service, Rock Island
Field Office, 1511 47th Ave. Moline, IL 61265, or by fax to (309) 757-
5807.
FOR FURTHER INFORMATION CONTACT: Ms. Jody Millar (309) 757-5800.
SUPPLEMENTARY INFORMATION: Exelon Inc. (Applicant) has applied to the
U.S. Fish and Wildlife Service (us, Service) for an incidental take
permit (ITP) under the Act (16 U.S.C. 1531 et seq.) The proposed
duration of the permit is 24 years. The Applicant has prepared a
Habitat Conservation Plan (HCP) to address potential impacts to two
mussel species: Lampsilis higginsii (Higgins eye pearlymussel),
federally listed as endangered, and Plethobasus cyphyus (sheepnose
mussel), a candidate for listing. Exelon's draft HCP addresses three
specific proposed covered activities:
(1) Implementation of an alternate thermal standard (ATS) for
discharge waters associated with the operation of the Quad Cities
Nuclear Station,
(2) Maintenance dredging associated with water intake structures,
and
(3) Removal of Edison Pier.
We have made a preliminary determination that the HCP and permit
application are eligible for categorical exclusion under NEPA (42
U.S.C. 4321 et seq.). The basis for this determination is contained in
an Environmental Action Statement and low-effect screening form, which
are also available for public review.
Availability of Documents
Individuals requesting copies of the application and draft HCP
should contact the U.S. Fish and Wildlife Service by telephone at (309)
757-5800 or by letter (see ADDRESSES). Copies of the draft HCP are also
available for public inspection during regular business hours at the
Rock Island Field Office (see ADDRESSES), or at the Service's Regional
Web site at http://www.fws.gov/midwest/Endangered/permits/hcp/
index.html.
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
[[Page 46221]]
Background
Section 9 of the Act and its implementing Federal regulations
prohibit the take of animal species listed as endangered or threatened.
The definition of take under the Act includes the following activities:
To harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect listed animal species, or to attempt to engage in such conduct
(16 U.S.C. 1538). We have principal trust responsibility for the
conservation and protection of threatened and endangered species under
the Act. Section 10 of the Act, 16 U.S.C. 1539, establishes a program
whereby persons seeking to pursue activities that otherwise could give
rise to liability for unlawful ``take'' of federally protected species
may receive an ITP, which protects them from such liability. To obtain
an ITP, the applicant must submit an HCP and the taking must be
incidental to, and not the purpose of, an otherwise lawful activity,
Id. Sec. Sec. 1539(a)(1)(B), 1539(a)(2)(A). Once we have determined
that the applicant has satisfied these and other statutory criteria, we
may issue the ITP.
Exelon Inc. owns and operates Quad Cities Nuclear Station (QCNS), a
nuclear power station located on the east (Illinois) shoreline of Pool
14 on the Mississippi River, at River Mile (RM) 506.7, approximately
halfway between Lock and Dam 13 (upstream) at RM 522.5 and Lock and Dam
14 (downstream) at RM 493.3.
Covered Activities
Exelon Inc. is requesting that an alternate thermal standard (ATS)
be issued for Quad Cities Nuclear Station under section 316(a) of the
Clean Water Act, (33 U.S.C. Sec.1326(a)). The ATS would include:
(1) Changing the method for tracking and regaining excursion hours
(during which the plant currently is authorized to exceed thermal
limits by up to 3 [deg]F) from a rolling 12-month basis to a calendar
year basis (January through December).
(2) Increasing the number of excursion hours available per year
from 1 percent (87.6 hours), which is currently allowed by the plant's
National Pollutant Discharge Elimination System (NPDES) Permit, to 3
percent (262.8 hours), of which only 1.5 percent (131.4 hours) of those
hours may be between 89 [deg]F and 91 [deg]F.
(3) Increasing the excursion hour downstream temperature limit by
no more than 5 [deg]F (i.e., 91 [deg]F downstream instead of current
NPD.S Permit limit of 89 [deg]F in July and August, and 90 [deg]F
downstream rather than current NPDES Permit limit of 88 [deg]F in
September).
QCNS currently operates under NPDES permit conditions that allow
87.6 excursion hours per year, during which the plant may cause river
temperatures to exceed maximum temperature standards by up to 3 [deg]F.
QCNS operated within permit conditions during the period 2000-2005.
Excursion hours were only used in 2001 (57.35 hours) and 2005 (42.50
hours). In July and August 2006, QCNS was granted a provisional
variance from these permit conditions to address periods of low
Mississippi River flows and high ambient river temperatures experienced
in the summer of 2006. The provisional variance allowed additional
excursion hours (beyond the annual allotment of 87.6 hours) at
temperatures up to 5 [deg]F. QCNS used 222.75 excursion hours in 2006,
but water temperature during excursion hour events were not allowed to
exceed a 5 [deg]F increase, which equates to 91 [deg]F downstream in
July, 91 [deg]F in August and 90 [deg]F in September. In 2007, QCNS
operated within permit conditions, and 74.0 excursion hours were used
in early August.
The new ATS would be adopted following proceedings before the
Illinois Pollution Control Board pursuant to the Board's authority to
issue ATS under section 316 of the Clean Water Act. Following the
Board's decision, the Environmental Protection Agency would incorporate
the standards in the NPDES (discharge) permit.
A second covered activity described in the draft HCP involves
maintenance dredging activities in front of the plant's intake. QCNS
requires a consistent supply of water for safe operations of the two
nuclear reactors. Over the past few years (2005, 2007, and 2008),
dredging in front of the intake forebay has been a maintenance
necessity to achieve the consistent water supply. High water events
deposit coarse materials in front of the intake. In October 2005, QCNS
contracted a mussel survey in the intake area. Results of the survey
indicated that impacts associated with maintenance dredging would be
limited to a few common species (threehorn, threeridge, hickorynut, and
plain pocketbook) of freshwater mussels. All other species were
represented by two individuals or less. One butterfly mussel was also
found in the survey. An existing dredging permit (CEMVR-OD-P-2006-1856)
allows dredging within a 500' x 700' area in front of the station's
forebay. QCNS does not expect to increase the size of the dredging
area. QCNS anticipates that dredging will be necessary in the near
future; consequently, this activity is being included in the draft HCP.
Maintenance dredging is assumed to occur once every 2 years over the
life of the proposed permit. If the dredging area needs to be expanded
from the current levels in the future, Exelon will consult with us
prior to such activities.
A third covered activity in the draft HCP involves the removal of a
structure known as the Edison Pier (RM 506.8L), which has been in
existence since the initial building process of QCNS in the late 1960s.
Although there are no immediate plans to remove this structure,
preliminary demolition planning has occurred and this project could
begin in the next few years. The process of removing this structure
would extend a minimal distance out into the river channel, and could
potentially impact any mussels in the area. It is important to note
that coverage by this HCP does not exempt an activity from other local,
State and Federal regulations, including permits issued by the U.S.
Army Corps of Engineers.
Impact Assessment
The purpose of an HCP is to ensure incidental take will be
minimized and mitigated to the maximum extent practicable and will not
appreciably reduce the likelihood of the survival and recovery of this
species in the wild. Exelon designed the draft HCP in close
consultation with us to ensure the planning area will continue to
support suitable habitat for the species, while allowing for incidental
take from the proposed activities.
To facilitate the development of the HCP, Exelon retained
Ecological Specialists, Inc. (ESI) to evaluate potential direct and
indirect impacts associated with adopting an Alternative Thermal
Standard on covered species within the study area (RM 503.0 to 506.9).
A copy of ESI's report is appended to the draft HCP. ESI was also
retained to conduct mussel surveys in the area associated with
maintenance dredging and Edison Pier.
Exelon proposes to minimize, mitigate, and monitor the impacts of
taking listed species by implementing the following measures:
(1) Fish propagated at the QCNS will be inoculated with Higgins eye
pearlymussel and sheepnose mussel glochidia. QCNS will work with the
Service and other partners to develop parameters for determining
appropriate species augmentation/reintroduction sites and rates with
regard to protection of native resident genetics. Methods include free
release of fish inoculated with Higgins eye pearlymussel and
[[Page 46222]]
sheepnose mussel glochidia in select locations, and use of cage culture
techniques for rearing of Higgins eye pearlymussel and sheepnose mussel
in select locations.
(2) Outreach to universities focused on soliciting studies related
to temperature and mussels, in situ or in conjunction with the lab
facilities at QCNS.
(3) Implementation, effectiveness, and validation monitoring,
including mussel bed monitoring, monitoring of temperature studies,
long-term fish monitoring (ongoing), and use of adaptive management
techniques will be used throughout the length of the permit.
Decisions
We will evaluate the permit application, the HCP, and received
comments to determine whether the application meets the requirements of
section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended.
If the requirements are met, we will issue an incidental take permit to
the Applicant for take of the Higgins eye pearlymussel and sheepnose
mussel incidental to the otherwise lawful activities of the project. We
will not make a final decision until after the end of the 30-day
comment period and will fully consider all comments we receive during
the comment period.
Dated: August 25, 2009.
Richard C. Nelson,
Field Supervisor, U.S. Fish and Wildlife Service.
[FR Doc. E9-21513 Filed 9-4-09; 8:45 am]
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