ML052220333

Ba - Biological Assessment for Brunswick Steam Electric Plant, Units 1 and 2 License Renewal Review to D. Bernhart of NOAAs National Marine Fisheries Service

ML052220333
Person / Time
Site:	Brunswick
Issue date:	08/09/2005
From:	Emch R NRC/NRR/DRIP/RLEP
To:	Bernhart D Carolina Power & Light Co, US Dept of Commerce, National Marine Fisheries Service, US Dept of Commerce, National Oceanographic and Atmospheric Administration
Emch R, NRR/DRIP/RLEP, 415-1590
References
Download: ML052220333 (19)

Text

Biological Assessment (for species under the jurisdiction of NOAAs National Marine Fisheries Service)

Brunswick Steam Electric Plant, Units 1 and 2 License Renewal Review August 2005 Docket Numbers 50-325 50-324 U.S. Nuclear Regulatory Commission Rockville, Maryland

1 Biological Assessment of the Potential Effects on Endangered or Threatened Species from the Proposed License Renewal for the Brunswick Steam Electric Plant, Units 1 and 2 (for species under the jurisdiction of NOAAs National Marine Fisheries Service) 1.0 Introduction The U.S. Nuclear Regulatory Commission (NRC) licenses the operation of domestic nuclear power plants in accordance with the Atomic Energy Act of 1954, as amended, and NRC implementing regulations. The Carolina Power & Light Company (CP&L), now doing business as Progress Energy Carolinas, Inc., operates Brunswick Steam Electric Plant, Units 1 and 2 (BSEP) in southeastern North Carolina under Operating Licenses (OLs) DPR-62 and DPR-71, respectively. The OL for Unit 1 will expire September 8, 2016, and the Unit 2 license will expire December 27, 2014. CP&L has applied to renew the operating licenses for BSEP. If approved by the NRC, the renewed OLs would allow up to 20 additional years of plant operation beyond the current licensed operating term.

In letters dated December 29, 2004, the staff requested comments from the U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administrations National Marine Fisheries Service (NMFS) on the license renewal application for BSEP (NRC 2004a, b).

Specifically, the staff requested a list of species and information on protected, proposed, and candidate species and critical habitat that may be in the vicinity of BSEP and its associated transmission line rights-of-way. In a letter from the FWS dated February 3, 2005 (FWS 2005a),

the staff was directed to an FWS website (http://nc-es.fws.gov/es) for a list of species to include in this biological assessment (BA). NMFS provided a list of Federally protected species and species of concern under their jurisdiction in a letter dated February 4, 2005 (NMFS 2005a). A total of 16 terrestrial and 20 aquatic species, Federally listed as endangered, threatened, candidates for listing, or species of concern, occur or potentially occur in the counties within which the BSEP site and its transmission line rights-of-way are located or in the Cape Fear River. The Cape Fear River serves as the source of cooling water for BSEP. Of the 36 identified species, 18 are under full or partial jurisdiction of NMFS.

2.0 The Proposed Federal Action The proposed Federal action is renewal of the OLs for BSEP Units 1 and 2. BSEP is located in Brunswick County in southeastern North Carolina, near the mouth of the Cape Fear River.

Wilmington, North Carolina is approximately 15 mi north of the BSEP site, and Myrtle Beach, South Carolina is approximately 50 mi to the southwest. By letter dated October 20, 2004, CP&L submitted an application to the NRC to renew these OLs for an additional 20 years of operation (i.e., until September 2036 for Unit 1 and December 2034 for Unit 2).

No major refurbishment or replacement of important systems, structures, or components are expected during the 20-year BSEP license renewal term. In addition, no construction activities are expected to be associated with license renewal. If the NRC approves the license renewal application, the reactors and support facilities, including the cooling system, would be expected

2 to continue to be operated and maintained until the renewed licenses expire in the mid-2030s.

Continued maintenance activities on the transmission line rights-of-way that are used to connect BSEP to the electric power grid also would be required if the proposed action is approved. Ongoing right-of-way surveillance and maintenance activities along BSEP transmission lines include routine aerial and ground inspections as well as activities associated with vegetation management.

Pursuant to 10 CFR 54.23 and 51.53(c), CP&L submitted an Environmental Report (ER)

(CP&L 2004) in which CP&L analyzed the environmental impacts associated with the proposed license renewal action, considered alternatives to the proposed action, and evaluated mitigation measures for reducing adverse environmental effects. The NRC is using this ER, as well as its own analysis as the basis of a supplemental environmental impact statement, a plant-specific supplement to NUREG-1437, Generic Environmental Impact Statement for License Renewal of Nuclear Plants. This BA was prepared to evaluate the potential impacts to species protected under the Endangered Species Act of operating BSEP, Units 1 and 2 for an additional 20 years beyond the current license term for each unit.

3.0 The Plant and Associated Transmission Line System 3.1 Reactor Systems BSEP uses boiling water reactors (BWRs) and steam-driven turbine generators manufactured by General Electric. As originally built and operated, each of the BSEP units had a design rating of 2436 megawatts-thermal (MW(t)). Since 1996, the NRC has approved two power uprates. Each unit is now licensed to operate at 2923 MW(t), 20 percent over the original licensed maximum power level.

Each reactors primary containment is a pressure suppression system consisting of a drywell, a pressure-suppression chamber storing a large volume of water, a connecting vent system between the drywell and the suppression pool, a vacuum relief system, isolation valves, containment cooling systems, and other service equipment.

3.2 Cooling and Auxiliary Water Systems Cooling water for BSEP is obtained from the lower Cape Fear River and discharged to the Atlantic Ocean. Water passes from the lower Cape Fear estuary through screens in a diversion structure used to limit the entrainment of biota into the intake canal. The 3-mi intake canal flows via gravity from the screens at the Cape Fear River to the plant. At the plant, cooling water is drawn through a combination of eight bays (four for each unit). Each bay has a trash rack, traveling screens, and an intake pump. For each unit, two bays have fine mesh (1mm) screens and the other two bays have half fine mesh and half coarse mesh (3/8 in) screens.

Typically, each unit operates utilizing two of the fine mesh bays and one of the half fine/half coarse bays. Organisms impinged on the traveling screens are washed into a trough that leads to a holding basin before being released to Walden Creek, which is part of the Cape Fear River watershed. The daily maximum intake by BSEP is limited to 2210 cubic feet per second (cfs) during April through November and to 1844 cfs during December through March.

3 Figure 1. Location of Brunswick Steam Electric Plant, Units 1 and 2 (PEC 2003)

Chlorine is injected into the circulating water intake system to prevent biofouling. Total residual chorine is monitored under terms of the plants National Pollutant Discharge Elimination System (NPDES) permit before the effluent is pumped into the ocean. After passing through the plant, the discharge water is released into a 6-mi-long canal that flows by gravity out to Caswell Beach (Figure 1). At Caswell Beach the effluent is pumped 2000 ft offshore into the Atlantic Ocean.

4 BSEP receives potable and processed water from the Brunswick County Public Utilities. CP&L reports that from 1996 through 2001, BSEPs water imports averaged 0.23 million gallons per day (MGD). The source of the majority of water imported from Brunswick County Public Utilities is surface water from the lower Cape Fear River. BSEP operates one groundwater well onsite to supply water to the biological laboratory. The well has a rated capacity of 30 gallons per minute (gpm), but the actual use is far less than the rated capacity.

3.3 Electrical Transmission System The eight 230-kV transmission lines constructed to connect the BSEP to the transmission system were described in the Final Environmental Statement (FES) for operation of BSEP Units 1 and 2 (AEC 1974). These lines included two lines to the Delco and Barnard Creek substations and lines to the Fayetteville, Wallace, and Jacksonville substations. In addition, 31 mi of new transmission line were constructed after initial licensing to connect BSEP to the Weatherspoon Substation.

The two lines to Barnard Creek Substation have been extended to the Castle Hayne Substation and Wilmington Corning Switching Station, located about 12 mi to the north of the Barnard Creek Substation. Both the Castle Hayne and the Wilmington Corning lines are considered in this BA in their entirety. The original Fayetteville line now connects to the grid at the Whiteville Substation. However, because the Fayetteville line, which was built to connect BSEP to the grid, remains in existence, the full extent of the original line is considered in this BA.

The transmission lines are shown in Figure 2. In total, about 390 mi of transmission lines in about 260 mi of rights-of-way are considered in this BA. The rights-of-way cover approximately 4690 ac. The length of each line and the area covered by the rights-of-way associated with the line are listed in Table 1. In estimating the rights-of-way for each line, the total area in shared rights-of-way was distributed equally among the lines within the right-of-way.

CP&L employs an integrated vegetation management approach that includes both mechanical and chemical control methods. This allows them to design the maintenance practices to fit the different kinds of terrain and soils that are crossed by the transmission lines. Mechanical methods include pruning, felling, mowing, and hand trimming. Chemical methods include the use of tree growth regulators to slow the growth of fast-growing trees, and U.S. Environmental Protection Agency (EPA)-approved herbicides to control undesirable woody vegetation that regrows after mowing. Over time, the combination of mowing and herbicides results in a community dominated by low-growing, non-woody plants, such as grasses and herbaceous plants that require less maintenance but still provide food and cover for wildlife (CP&L 2004).

4.0 Environmental Setting BSEP is located in Brunswick County, in southeastern North Carolina, near the mouth of the Cape Fear River. The area within a 6-mi radius of the plant includes the town of Southport, the community of Boiling Spring Lakes, and the resort communities of Caswell Beach, Oak Island, and Bald Head Island. Wilmington, North Carolina, lies approximately 15 mi north of the BSEP site, and Myrtle Beach, South Carolina, lies approximately 50 mi to the southwest along the coast. The Military Ocean Terminal Sunny Point is situated immediately north of the BSEP site.

Figure 3 shows the site location and features in the surrounding area.

5 Figure 2. BSEP Transmission Line Map

6 Figure 3. BSEP Location and Surrounding Area, 50-mi Radius

7 Table 1. Brunswick Nuclear Power Plant, Units 1 and 2 Transmission Lines Substation Approximate Line Length Estimated Right-of-Way Area Miles Acres Fayetteville 103 900 Weatherspoon 31 460 Delco East 31 320 Delco West 31 300 Wallace 55 720 Jacksonville 75 940 Castle Hayne East 35 650 Wilmington Corning Switching Station 27 400 Total 388 4690 Cooling water for BSEP is drawn from the Cape Fear River by way of a 3-mi-long intake canal that passes from the river to BSEP. After passing through the plants condensers, the heated water travels through a 6-mi-long discharge canal to Caswell Beach where it is pumped 2000 ft offshore through large submerged pipes into the Atlantic Ocean.

4.1 Terrestrial Resources The BSEP site is located within the mid-Atlantic coastal plain ecoregion (Griffith et al. 2002),

which in pre-European settlement times was dominated by longleaf pine (Pinus palustris) with patches of oak (Quercus spp.), gum (Nyssa spp.), and cypress (Taxodium spp.) (Griffith et al.

2002). The BSEP site is within the Carolina flatwoods sub-region, which includes a wide variety of community types including pine flatwoods, pine savannas, freshwater marshes, pond pine woodlands, pocosins, Carolina bays, and some sandhill communities (Griffith et al. 2002). The transmission lines cross other sub-region types including mid-Atlantic floodplains and low terraces, and non-riverine swamps and peatlands. The region is a significant center of endemic biota (Hall et al. 1999). Although there is still a substantial amount of native habitat in the vicinity of the BSEP site, much of it has been converted to other uses, including loblolly pine (P. taeda) plantations and croplands of corn, soybeans, and tobacco.

The environment on the BSEP site includes waterways, such as the Cape Fear River, Dutchman Creek, and Nancy Creek; saline and brackish marshes; coastal dunes; and uplands (AEC 1974). Most upland portions of the BSEP site have been replanted with loblolly pine.

Terrestrial and wetland communities in the vicinity of BSEP include pine savannas, longleaf pine/wiregrass (Aristida stricta) communities, pine-hardwood forests, pocosins, dune-strand communities, and salt marshes (CP&L 2004).

Loblolly pine is the principal pine species in the pine-hardwood forests in the vicinity of BSEP.

Important hardwoods include sweet gum (Liquidamba styraciflua), blackgum (Nyssa sylvatica),

8 hickory (Carya spp.), and oaks. Along the ancient dunes, which tend to be well drained, the forests are dominated by longleaf pine, turkey oak (Quercus laevis), and wiregrass. Remnant pine savannas occur in periodically flooded areas; these are characterized by an open canopy of longleaf pine or pond pine (Pinus serotina) with a dense ground cover of herbs and shrubs.

A relatively unique community type in the area are pocosins. These are wetland depressions vegetated with dense stands of various evergreen shrubs and small trees such as red bay (Persea borbonia) and sweet bay (Magnolia virginiana) (CP&L 2004).

Sparse stands of grass dominated by sea oats (Uniola paniculata) characterize the seaward side of the dune-strand communities found at the interface between the sea and land. Because of the wind and salt spray, plants are primarily found on the landward side of the dunes.

Relatively dense herbaceous shrub communities dominated by sabal palm (Sabal palmetto) and live oak (Q. virginiana) develop in these more protected areas (CP&L 2004).

Cordgrass (Spartina alterniflora) and needlerush (Juncus romerianus) are the dominant species in the salt marshes at the BSEP site. The marshes represent habitat for many important aquatic organisms that are preyed upon by a variety of terrestrial wildlife species (CP&L 2004).

Wildlife species in the vicinity of BSEP are typical of those found in the southeastern Coastal Plain. The upland communities support many species of birds, including hawks, woodpeckers, warblers, and sparrows; mammals such as white-tailed deer (Odocoileus virginianus), opossum (Didelphis virginiana), raccoon (Procyon lotor), squirrels (Sciurus spp.), skunk (Mephitis mephitis), and bobcat (Lynx rufus); as well as a variety of snakes, toads, frogs and lizards. Wetlands such as the salt-marshes provide habitat for the American alligator (Alligator mississippiensis), raccoon (Procyon lotor), river otter (Lontra canadensis), and many species of wading birds (CP&L 2004).

There are eight transmission lines that were constructed to connect BSEP to the transmission system. The transmission line to the Barnard Creek substation crosses the Cape Fear River near the top of the estuary. The Whiteville transmission line crosses several pocosins and Green Swamp, which has been designated a National Natural Landmark (NPS 2005). The Whiteville transmission line also passes about 1 mi west of Lake Waccamaw State Park and approximately 2 mi south of Lake Waccamaw. The Holly Shelter Game Land in the Holly Shelter swamp is crossed by the Jacksonville transmission line. In northwest Pender County, the Wallace transmission line crosses the B. W. Wells Savannah, a 117-ac remnant of wetland savannah that supports 170 native plant species, some of which are considered rare (NCCLT 2001). The transmission line rights-of-ways do not cross any Federal or State parks. CP&L has partnered with the North Carolina Coastal Land Trust, the Conservation Trust for North Carolina, the Nature Conservancy, North Carolina Wild Flower Preservation Society, and the North Carolina Natural Heritage Program (NCNHP) to preserve unique and rare species within the transmission line rights-of way.

4.2 Aquatic Resources BSEP is surrounded by a diverse and complex aquatic ecosystem. Aquatic habitat types surrounding the plant include salt marshes, the river channel/estuary, and offshore regions (CP&L 1980). The plant is situated approximately 5.7 mi upstream from the mouth of the Cape Fear River (CP&L 1985). BSEPs cooling system draws water predominantly from the

9 surface layer of the Cape Fear River ship channel through a 3-mi-long intake channel. Water is discharged to the Atlantic Ocean after flowing through a 6-mi discharge canal. The water is pumped approximately 2000 ft offshore through submerged pipes to the point of discharge (CP&L 1979).

The Cape Fear River is estuarine at the point where water is drawn into the intake canal.

Estuaries are partially enclosed coastal areas where freshwater and saltwater mix. These areas are under tidal influence, but they are protected from the full force of the ocean by barrier islands, salt marshes, or other land forms. The species found in estuaries are specially adapted for life in this transitional area. Estuaries are considered to be among the most productive areas on earth (EPA 2005).

The region surrounding the BSEP intake canal entrance, just downstream of Sunny Point, is in an area that experiences a large tidal exchange (CP&L 1985). Salinity is influenced primarily by tidal conditions and the rate of freshwater inflow. A salinity gradient exists where runoff from the Cape Fear River mixes with water from the Atlantic Ocean. From Sunny Point upstream to Wilmington, the water is often two-layered, with the less-dense freshwater moving downstream over the more-dense seawater (CP&L 1980). Downstream from Sunny Point, the water is more uniformly mixed because of complex water circulation patterns, vigorous tidal action, and high exchange rates with the ocean. This portion of the estuary is shallow and irregular in shape, with many islands and channels that enhance mixing (CP&L 1980, 1985). Because the freshwater inflow from the Cape Fear River and its tributaries is highly variable, salinities at the intake may range from nearly 0 to 32 parts per thousand (ppt) (AEC 1974). During periods of average freshwater inflow, salinities near Sunny Point are generally in the range of 8 to 15 ppt (CP&L 1980). Minimum salinities are generally recorded in winter, and maximum salinities are generally recorded in late summer (CP&L 1985). Water temperatures in the estuary are influenced largely by changes in season, with the warmest temperatures (as high as 103EF) observed during late summer (CP&L 1985).

The Cape Fear Estuary serves as a nursery area for fish and shellfish larvae and juveniles.

Some species, such as anchovy (Anchoa spp.) and gobies (Gobionellus spp., Gobiosoma spp.)

spawn in the estuary, while others, such as Atlantic menhaden (Brevoortia tyrannus), spot (Leiostomus xanthurus), croaker (Micropogonias undulatus), and pinfish (Lagodon rhomboides) spawn in the ocean (PEC 2003). Salinity and temperature influence the spatial and seasonal distribution of these estuarine species (CP&L 1985). The ebb and flow of water in the estuary also contribute to the transport and/or retention of larvae and other organisms throughout the estuary (CP&L 1980).

Many species that inhabit waters in the vicinity of the BSEP have commercial or recreational value. Brown shrimp (Farfantepenaeus aztecus), pink shrimp (F. duorarum), and white shrimp (Litopenaeus seiferus) inhabit salt marshes, including Snows Marsh, which borders the intake canal (CP&L 1980). The shrimp spawn in offshore waters and the post-larvae are recruited into the estuary where they find food and protection. As the shrimp mature, they migrate to deeper waters where commercial fishermen harvest them (AEC 1974). Croaker, an important food fish and sport fish, is another inhabitant of the salt marsh, including Snow's Creek (AEC 1974).

Croaker spawn in the ocean during fall and winter. The young spend their first year in the low-salinity regions of the estuary and then move to the ocean. Examples of other species found in salt marshes near BSEP include blackcheek tonguefish (Symphurus plagiusa), striped anchovy (Anchoa hepsetus), Atlantic menhaden, and pinfish (AEC 1974).

10 In the river channel and estuary, developing larvae of brown, pink, and white shrimp, as well as blue crab (Callinectes spp.) can be found (AEC 1974). This portion of the estuary also supports the larvae of anchovy, croaker, gobies, spot, blackcheek tonguefish, Atlantic menhaden, and striped mullet (Mugil cephalus) (AEC 1974). The estuary supports larval fish year-round, although the species composition varies by season. Important adult fish using the estuary include gray sea trout (Cynoscion regalis), spot, croaker, bay anchovy (Anchoa mitchilli),

summer flounder (Paralichthys dentatus), windowpane (Scophthalmus aquosus), American shad (Alosa sapidissima), alewife (Alosa pseudoharengus), and blue backed herring (Alosa aestivalis) (AEC 1974).

The heated effluent is discharged into the offshore region at Oak Island. Larvae of shrimp, anchovies, gobies, spot, croaker, gray seatrout, pinfish, and menhaden have been recorded in this region (AEC 1974). Adults with some commercial value captured in this area include brown, pink, and white shrimp, blue crab, anchovy, spot, king fish (Mentaicirrhus americanus),

croaker, thread herring (Opistonema oglinum), bluefish (Pomatomus saltatrix), drum (Stellifer lanceolatus), and sole (Symphurus plagiusa). Benthic organisms found in the mud and sand of this offshore area include snails, brittle star (Ophiophragumus spp.), and polychaete worms (AEC 1974).

5.0 Evaluation of Threatened and Endangered Species A total of 12 Federally listed threatened or endangered aquatic species under full or partial NMFS jurisdiction were identified as having the potential to be present in North Carolina waters in the vicinity of BSEP and its associated transmission line rights-of-way (NMFS 2005a). These include six whales, (sei whale [Balaenoptera borealis], blue whale [Balaenoptera musculus], fin whale [Balaenoptera physalus], right whale [Eubalaena glacialis], humpback whale [Megaptera novaeangliae], and sperm whale [Physeter macrocephalus]), five sea turtles (loggerhead turtle

[Caretta caretta], green turtle [Chelonia mydas], leatherback turtle [Dermochelys coriacea],

hawksbill turtle [Eretmochelys imbricata], and Kemps ridley turtle [Lepidochelys kempii]), and one fish species, the shortnose sturgeon (Acipenser brevirostrum) (Table 2). NMFS has full jurisdiction over the whales and sturgeon. NMFS and the FWS share jurisdiction for the sea turtles, with NMFS having responsibility in the marine environment and FWS on nesting beaches.

In their letter dated February 4, 2005, NMFS also identified six Federal fish species of concern under their jurisdiction in North Carolina (Atlantic sturgeon [Acipenser oxyrhynchus oxyrhynchus], dusky shark [Carcharhinus obscurus], night shark [Carcharhinus signatus],

speckled hind [Epinephelus drummondhayi], Warsaw grouper [Epinephelus nigritus], and sand tiger shark [Odontaspis taurus]) (Table 2) (NMFS 2005a). These species are not protected under the Endangered Species Act, but concerns about their status indicate they may warrant listing in the future.

The NRC staff reviewed life history information for all the aquatic threatened, endangered, and species of concern that have been identified in the vicinity of BSEP or its transmission line rights-of-way. The staff has also reviewed information provided by CP&L, FWS, NMFS, and the North Carolina Natural Heritage Program (NCNHP), regarding threatened and endangered species in the vicinity of the BSEP site (CP&L 2004; NCNHP 2004; NMFS 2005a, b, c; FWS

11 2005b). The NRC has determined that the proposed action would either have no effect or may affect, not likely to adversely affect these species. The basis for each determination is discussed in the following paragraphs.

Table 2. Federally Listed Marine Species Reported From Counties Associated with BSEP and Its Transmission Line Rights-of Way Species Common Name Federal Status(a)

Counties Determination MAMMALS Balaenoptera borealis sei whale E

(NC)(b) no effect Balaenoptera musculus blue whale E

(NC) no effect Balaenoptera physalus fin whale E

(NC) no effect Eubalaena glacialis North Atlantic right whale E

(NC) no effect Megaptera novaeangliae humpback whale E

(NC) no effect Physeter macrocephalus sperm whale E

(NC) no effect REPTILES Caretta caretta loggerhead turtle T(c)

Brunswick, New Hanover, Onslow, Pender may affect, not likely to adversely affect Chelonia mydas green turtle T(c,d)

Brunswick, New Hanover, Onslow may affect, not likely to adversely affect Dermochelys coriacea leatherback turtle E(c)

Brunswick, Onslow may affect, not likely to adversely affect Eretmochelys imbricata hawksbill turtle E(c)

(NC) may affect, not likely to adversely affect Lepidochelys kempii Kemps ridley turtle E(c)

Brunswick may affect, not likely to adversely affect FISH Acipenser brevirostrum shortnose sturgeon E

Bladen, Brunswick, New Hanover, Pender may affect, not likely to adversely affect Acipenser oxyrhynchus oxyrhynchus Atlantic sturgeon C

Bladen, Brunswick, New Hanover, Pender may affect, not likely to adversely affect

12 Table 2. (contd)

Species Common Name Federal Status(a)

Counties Determination FISH Carcharhinus obscurus dusky shark C

(NC) no effect Carcharhinus signatus night shark C

(NC) no effect Epinephelus drummondhayi speckled hind C

(NC) no effect Epinephelus nigritus Warsaw grouper C

(NC) no effect Odontaspis taurus sand tiger shark C

(NC) may affect, not likely to adversely affect (a) E - endangered, T-threatened, C-species of concern (b) (NC) - County-level listings are not available; the species has Federal listing status in North Carolina (c) Nesting areas are under FWS jurisdiction, otherwise the species is under NMFS jurisdiction.

(d) Green turtles are listed as threatened, except for breeding populations of green turtles in Florida and on the Pacific Coast of Mexico, which are listed as endangered.

Sei Whale The sei whale favors temperate, deep, offshore waters. Local distribution is thought to be linked to the distribution of their food source, which includes copepods, fish, or krill. Current sei whale population estimates are around 54,000 individuals (American Cetacean Society 2005).

This species is not expected to enter the Cape Fear estuary or to be found near the BSEP discharge structure. Therefore, the staff concludes that continued operation of BSEP over the 20-year license renewal term would have no effect on the sei whale.

Blue Whale Although blue whales have been seen in coastal waters, they are found predominantly offshore (NMFS 2005b). This species is most frequently sighted in more northern waters, off eastern Canada. It is considered an occasional visitor in the U.S. Atlantic. This species is not expected to enter the Cape Fear estuary or to be found near the BSEP discharge structure. Therefore, the staff concludes that continued operation of BSEP over the 20-year license renewal term would have no effect on the blue whale.

Fin Whale Although fin whales are found in all oceans of the world, they prefer the vastness of the open sea (American Cetacean Society 2005). Precise estimates of population abundance are unavailable, but present populations may number around 40,000 in the northern hemisphere.

This species is not expected to enter the Cape Fear estuary or to be found near the BSEP

13 discharge structure. Therefore, the staff concludes that continued operation of BSEP over the 20-year license renewal term would have no effect on the fin whale.

North Atlantic Right Whale The majority of North Atlantic right whale females in the western North Atlantic population use wintering and calving areas off the southeastern United States, then move to summer feeding and breeding grounds in New England waters and to the north (NMFS 2005b). The majority of males do not migrate to the southern calving grounds, but males do frequent the northern waters in summer. Critical habitat for the species has been designated in coastal Florida and Georgia, but not in North Carolina. This species is not expected to enter the Cape Fear estuary or to be found near the BSEP discharge structure. Therefore, the staff concludes that continued operation of BSEP over the 20-year license renewal term would have no effect on the North Atlantic right whale.

Humpback Whale Humpback whales are seasonal migrants. They generally swim to polar waters in summer and tropical waters in winter. In the western North Atlantic, humpback whales feed during spring, summer, and fall along the eastern coast of the United States (NMFS 2005b). An increased number of sightings in the U.S. mid-Atlantic and southern states, including North Carolina, has been reported. These areas may be increasingly important habitat for juvenile humpback whales (NMFS 2005b). This species is not expected to enter the Cape Fear estuary or to linger along the coast near the BSEP discharge structure. Therefore, the staff concludes that continued operation of BSEP over the 20-year license renewal term would have no effect on the humpback whale.

Sperm Whale Sperm whales are uncommon in waters shallower than 300 m deep (NMFS 2005b). Because of their association with deep waters, it is unlikely that this species would be found near the BSEP. Therefore, the staff concludes that continued operation of BSEP over the 20-year license renewal term would have no effect on the sperm whale.

Sea Turtles NMFS and the FWS share jurisdiction for the sea turtles, with NMFS having responsibility in the marine environment and FWS on nesting beaches. A Biological Opinion issued by the NMFS in 2000 addressed impacts to sea turtles specifically resulting from BSEP operation. The Biological Opinion concluded that the BSEP is not likely to jeopardize the continued existence of the loggerhead, leatherback, green, hawksbill, or Kemp's ridley sea turtles (CP&L 2004).

More recently, a Biological Opinion comparing sea turtle loss from coastal seawater intakes to the losses from incidental take during shrimp trawling indicated that while sea turtles entering coastal or inshore areas have been affected by entrainment in the cooling-water systems of electrical generating plants sea turtle mortality associated with these activities is relatively low and does not significantly affect the environmental baseline (NMFS 2002).

BSEP holds an endangered species permit, issued on an annual basis by the North Carolina Wildlife Resources Commission (NCWRC), to tag sea turtles entrained in the intake canal,

14 using methods in accordance with the FWS and NMFS sea turtle tagging protocols. BSEP also holds an Incidental Take Statement issued by NMFS (NMFS 2000), which authorizes the capture and relocation of sea turtles. The Incidental Take Statement proscribes takes by plant-related injury or mortality to be limited to six loggerhead turtles, two Kemps ridley turtles, three green turtles, one leatherback turtle, or one hawksbill turtle annually. These permits allow certain BSEP staff to possess and transport entrained or stranded sea turtles for the purpose of rehabilitation and/or release and the possession of dead stranded sea turtles for the purposes of disposition (NCWRC 2004). The permit requires notification of each stranding event within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, and submission of a written report within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> of each stranding event.

Three sea turtle species have been collected, some as recently as July 2005, in the vicinity of the BSEP intake canal (BSEP 2005a). These were the loggerhead, green, and Kemps ridley turtles. In 2004, the handling of 16 sea turtles by BSEP staff was reported to NMFS (BSEP 2005a). "Turtle-blocker panels" have been installed at the diversion structure, located at the entrance to the intake canal, to minimize the potential for sea turtles to enter the canal. BSEP staff regularly patrols the canal to look for turtles and to ensure the blocker panels are well maintained.

Loggerhead Turtle The loggerhead turtle is listed as threatened. The species occurs on beaches suitable for nesting from North Carolina to Florida (FWS 2005c). The loggerhead may be found hundreds of miles out to sea, as well as in inshore areas such as bays, lagoons, salt marshes, creeks, ship canals, and the mouths of large rivers (FWS 2005c). Nesting season is generally between May and November. Nesting occurs on suitable beaches from North Carolina to Florida, with primary nesting beaches found in Florida. Loggerhead turtle nesting in North Carolina occurs only on the Atlantic Coast beaches, and does not occur in the Cape Fear River estuary, or anywhere near the BSEP site or associated transmission line rights-of-way. However, loggerhead turtles were the most common species observed at the BSEP in 2004. Sixty-nine percent of the sea turtles handled were loggerheads.

The staff visited the site and reviewed the life history information on the loggerhead turtle.

Based on this information, information obtained from NCWRC, FWS, NMFS, and NCNHP, and information obtained from BSEP on endangered and threatened species procedures, the staff concludes that continued operation of BSEP over the 20-year license renewal term may affect, but is not likely to adversely affect, the loggerhead turtle.

Green Turtle The green turtle is listed as threatened. In the western North Atlantic Ocean, this species is found from Massachusetts to Mexico. Nesting in the United States is limited to between 300 and 1000 nests annually on Florida's east coast (FWS 2005d). Green turtles are generally found in shallow waters inside reefs, bays, and inlets and are attracted to lagoons and shoals with an abundance of marine grass and algae (FWS 2005d). Approximately 12 percent of the sea turtles handled at the BSEP in 2004 were green turtles.

The staff visited the site and reviewed the life history information on the green sea turtle.

Based on this information, information obtained from NCWRC, FWS, NMFS, and NCNHP, and information obtained from BSEP on endangered and threatened species procedures, the staff

15 concludes that continued operation of BSEP over the 20-year license renewal term may affect, but is not likely to adversely affect, the green turtle.

Leatherback Turtle The leatherback turtle is listed as endangered. Nesting in the United States occurs mainly in Florida, but has also occurred in Georgia, South Carolina, and North Carolina. No nests have been observed at the BSEP site. The species rarely enters the estuary. Only historical sightings of the leatherback (last observed more than 20 years ago) have been documented in Brunswick County (NCNHP 2004).

The staff visited the site and reviewed the life history information on the leatherback turtle.

Based on this information, information obtained from NCWRC, FWS, NMFS, and NCNHP, and information obtained from BSEP on endangered and threatened species procedures, the staff concludes that continued operation of BSEP over the 20-year license renewal term may affect, but is not likely to adversely affect, the leatherback turtle.

Hawksbill Turtle The hawksbill turtle is listed as endangered. In the United States, nesting is restricted to the southeast coast of Florida and the Florida Keys (NMFS 2005b). The hawksbill has been reported from all the eastern seaboard, but sightings north of Florida are rare. This species has not been documented at the BSEP site.

The staff visited the site and reviewed the life history information on the hawksbill turtle. Based on this information, information obtained from NCWRC, FWS, NMFS, and NCNHP, and information obtained from BSEP on endangered and threatened species procedures, the staff concludes that continued operation of BSEP over the 20-year license renewal term may affect, but is not likely to adversely affect, the hawksbill turtle.

Kemps Ridley Turtle The Kemp's ridley turtle is listed as endangered. Nesting occurs in Tamaulipas, Mexico, and sometimes in Texas. Adults of this species are found primarily in the Gulf of Mexico, but immature turtles are found along the Atlantic coast as far north as Canada (FWS 2005e). The Kemp's ridley turtle is found in shallow coastal waters, often in association with red mangrove shorelines (FWS 2005e). Nearly 19 percent of the sea turtles handled at the BSEP in 2004 were Kemp's ridley turtles.

The staff visited the site and reviewed the life history information on the Kemps ridley turtle.

Based on this information, information obtained from NCWRC, FWS, NMFS, and NCNHP, and information obtained from BSEP on endangered and threatened species procedures, the staff concludes that continued operation of BSEP over the 20-year license renewal term may affect, but is not likely to adversely affect, the Kemps ridley turtle.

Shortnose Sturgeon The shortnose sturgeon is Federally listed as endangered. NMFS has jurisdiction for anadromous fish, including the shortnose sturgeon. A Biological Opinion issued by NMFS in

16 2000 addressed impacts to shortnose sturgeon specifically resulting from BSEP operation. The Biological Opinion stated that NMFS believes the likelihood for shortnose sturgeon to be adversely affected by the proposed action is low enough to be considered discountable.

Therefore NMFS has determined it is unlikely that a shortnose sturgeon would be adversely affected by the proposed action (NMFS 2000). No sturgeon individuals were collected at BSEP before 1998 (CP&L 1998). Nine adult shortnose sturgeon were captured in the Cape Fear River between 1987 and 1998 (CP&L 1998). A tagging and tracking study conducted between 1990 to 1993 managed to capture only eight adult shortnose sturgeon in the lower Cape Fear River (Moser and Ross 1995). Five tagged fish occupied river kilometers 16 through 96 from early January through May. This stretch of the river is upstream of the BSEP intake canal. NCNHP data indicate that shortnose sturgeon have been observed in the vicinity of the point where the Cape Fear River is crossed by the Jacksonville transmission line right-of-way.

The staff visited the site and reviewed the life history information on the shortnose sturgeon.

Based on this information, information obtained from NCWRC, FWS, NMFS, and NCNHP, and information obtained from BSEP on endangered and threatened species procedures, the staff concludes that continued operation of BSEP over the 20-year license renewal term may affect, but is not likely to adversely affect, the shortnose sturgeon.

Species of Concern Several of the species of concern are not expected to be present near the BSEP site. The dusky shark avoids low salinities and is not commonly found in estuaries (NMFS 2005c); the speckled hind, Warsaw grouper, and night shark are all deep-water species, preferring much greater depths than those found in the vicinity of BSEP (NMFS 2005c). Two other species of concern are more likely to be present in the vicinity of the BSEP. The sand tiger shark is a coastal species and may generally be found in the surf zone to depths of 75 ft (NMFS 2005c).

Juvenile sand tiger sharks are found in estuaries of the eastern United States and, therefore, may be present in the vicinity of BSEP. The Atlantic sturgeon is relatively common in the lower Cape Fear River (Moser and Ross 1995). Juveniles were found to prefer waters greater than 10 m deep in the vicinity of the saltwater and freshwater interface.

6.0 Conclusions The staff has identified eight Federally listed endangered, threatened, and species of concern under full or partial NMFS jurisdiction that have a reasonable potential to occur in the vicinity of BSEP or along the transmission line rights-of-way and, therefore, may be affected by continued operations of BSEP and maintenance of the associated transmission line rights-of-way.

Additionally, the staff identified 10 additional species that have been reported to occur in the counties containing BSEP or associated transmission rights-of-way. However, because of known habitat requirements, these species are not likely to be near the BSEP or associated transmission line rights-of-way and, therefore, would not be affected by continued operations at BSEP. CP&L has procedures in place to protect endangered or threatened species if they are encountered at the plant site or along transmission line rights-of-way and provides training for employees on these procedures (BSEP 2003, 2005b). In 1993, CP&L signed a Memorandum of Understanding with the North Carolina Department of Environment, Health, and Natural Resources to preserve and protect rare, threatened, and endangered species and sensitive natural areas occurring on transmission line rights-of-way (CP&L and NCDEHNR 1993).

17 The NRC staff has analyzed the species that are likely to be in the vicinity of BSEP or the associated transmission lines, the known distributions and records of those species, the ecological impacts of the operation of BSEP and the operation and maintenance of the associated transmission rights-of-way, the effects of these practices on the species potentially present, and the mitigation measures that CP&L has already implemented. Based on this analysis, the staff has determined that continued operation of BSEP and its associated transmission lines for an additional 20 years would not have an adverse impact on any threatened or endangered species or species of concern.

7.0 References 10 CFR Part 54. Code of Federal Regulations, Title 10, Energy, Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulated Functions.

10 CFR Part 54. Code of Federal Regulations, Title 10, Energy, Part 54, Requirements for Renewal of Operating Licenses for Nuclear Power Plants.

Atomic Energy Act of 1954. 42 USC 2011, et seq.

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EVC-SUBS-00062, Rev 0. January, 2003, Southport, North Carolina.

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Brunswick Steam Electric Plant (BSEP). 2005b. Endangered and Threatened Species. EVC-SUBS-00011, Rev 2. February, 2005.

Carolina Power and Light Company (CP&L). 1979. 316(a) Demonstration, Brunswick Steam Electric Plant, Southport, North Carolina. Volume XIX. Carolina Power & Light Company, Environmental Technology Section, New Hill, North Carolina.

Carolina Power and Light Company (CP&L). 1980. Brunswick Steam Electric Plant Cape Fear Studies: Interpretive Report. Carolina Power & Light Company. Southport, North Carolina.

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Operating License Renewal Stage, Brunswick Steam Electric Plant, Units No. 1 and 2. Docket No. 50-261, License No. DPR-23, Southport, North Carolina.

18 Carolina Power and Light and North Carolina Department of Environment, Health, and Natural Resources (CP&L and NCDEHNR). 1993. Memorandum of Understanding between the Carolina Power and Light Company and the N.C. Department of Environment, Health, and Natural Resources. March 19, 1993.

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MacPherson, J.B. Glover, and V.B. Shelburne. 2002. Ecoregions of North Carolina and South Carolina, (Color poster with map, descritptive text, summary tables, and photographs): Reston, Virginia, U.S. Geological Survey (map scale 1:1,5,00,000). Accessed at:

http://www.epa.gov/wed/pages/ecoregions/ncsc_eco.htm on 19 January 19, 2005.

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Moser, M.L. and S.W. Ross. 1995. Habitat Use and Movements of Shortnose and Atlantic Sturgeons in the Lower Cape Fear River, North Carolina. Transactions of the American Fisheries Society 124(2): 225-234 National Marine Fisheries Service (NMFS). 2000. Endangered Species Act - Section 7 Consultation. Operation of the Cooling Water Intake System at the Brunswick Steam Electric Plant, North Carolina Power and Light Company. Consultation conducted by the National Marine Fisheries Service, Southeast Region, for the U.S. Nuclear Regulatory Commission, Washington, D.C.

National Marine Fisheries Service (NMFS). 2002. Shrimp Trawling in the Southeastern United States, under the Sea Turtle Conservation Regulations and as Managed by the Fishery Management Plans for Shrimp in the South Atlantic and Gulf of Mexico. Endangered Species Act - Section 7 Consultation, Biological Opinion. National Marine Fisheries Service, Southeast Region. Accessed at:

http://www.nmfs.noaa.gov/prot_res/readingrm/ESAsec7/Biop_shrimp_trawling.PDF on April 28, 2005.

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2005b. Species Information. NOAA Fisheries Service, Office of Protected Resources, Silver Spring, Maryland. Accessed at: http://www.nmfs.noaa.gov/pr/species/ on June 26, 2005.

19 National Oceanic and Atmospheric Administrations National Marine Fisheries Service (NMFS).

2005c. Species of Concern and Candidate Species. NOAA Fisheries Service, Office of Protected Resources, Silver Spring, Maryland. Accessed at:

http://www.nmfs.noaa.gov/pr/species/concern/ on June 26, 2005.

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North Carolina Wildlife Resources Commission (NCWRC). 2004. Endangered Species Permit No. 04ST49. North Carolina Wildlife Resources Commission, Raleigh, North Carolina.

Progress Energy Carolinas, Inc. (PEC). 2003. Brunswick Steam Electric Plant 2003 Biological Monitoring Report. Progress Energy Carolinas, Inc., Environmental Services Section, New Hill, North Carolina.

U.S. Atomic Energy Commission (AEC). 1974. Final Environmental Statement Related to the Continued Construction and Proposed Issuance of an Operating License for the Brunswick Steam Electric Plant Units 1 and 2, Carolina Power and Light Company. Docket Nos. 50-324 and 50-325. Washington, D.C.

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U.S. Fish and Wildlife Service (FWS). 2005a. Letter from Mr. Pete Benjamin, Ecological Services Supervisor, FWS, to Mr. Pao-Tsin Kuo, NRC, regarding a list of all Federally protected endangered and threatened species in the area under review for license renewal at BSEP.

U.S. Fish and Wildlife Service (FWS). 2005b. North Carolina County Endangered Species, Threatened Species, and Federal Species of Concern. U.S. Fish and Wildlife Service.

Accessed at: http://nc-es.fws.gov/es/chtylist/ on March 10, 2005.

U.S. Fish and Wildlife Service (FWS). 2005c. Loggerhead Sea Turtles in North Carolina.

Accessed at: http://nc-es.ffws.gov/reptile/logger.html on March 10, 2005.

U.S. Fish and Wildlife Service (FWS). 2005d. Green Sea Turtles in North Carolina. Accessed at: http://nc-es.ffws.gov/reptile/greensea.html on March 10, 2005.

U.S. Fish and Wildlife Service (FWS). 2005e. Kemp's Ridley Sea Turtles in North Carolina.

Accessed at: http://nc-es.ffws.gov/reptile/ridley.html on March 10, 2005.

U.S. Nuclear Regulatory Commission (NRC). 2004a. Letter from NRC to Mr. Sam D. Hamilton, Regional Director, FWS, request for list of protected species within the area under evaluation for the BSEP License Renewal U.S. Nuclear Regulatory Commission (NRC). 2004b. Letter from NRC to Ms. Patricia A.

Kurkul, Regional Administrator, NOAA Fisheries Service, request for list of protected species within the area under evaluation for the BSEP License Renewal.