ML12065A380

From kanterella
Jump to navigation Jump to search
Request to Reinitiate Section 7 Consultation for Atlantic Sturgeon at Brunswick Steam Electric Plant, Units 1 and 2
ML12065A380
Person / Time
Site: Brunswick  Duke Energy icon.png
Issue date: 03/26/2012
From: Susco J
NRC/NRR/DLR/RERGUB
To: Crabtree R
US Dept of Commerce, National Marine Fisheries Service
Balsam B
References
Download: ML12065A380 (22)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 26, 2012 Dr. Roy Crabtree Southeast Regional Administrator National Marine Fisheries Service 263 13th Avenue South St. Petersburg, FL 33701

SUBJECT:

REQUEST TO REINITIATE SECTION 7 CONSULAT/ON FOR ATLANTIC STURGEON AT BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2

Dear Mr. Crabtree:

The U.S. Nuclear Regulatory Commission (NRC, the staff) is writing you to request reinitiation of section 7 consultation under the Endangered Species Act of 1973, as amended (ESA), at Brunswick Steam Electric Plant, Units 1 and 2 (Brunswick).

The ESA regulations at 50 CFR 402.16(d} stipulate that Federal agencies must reinitiate section 7 consultation in cases where a new species is listed or critical habitat designated that may be affected by the identified action. On February 6, 2012, the National Marine Fisheries Service (NMFS) listed five distinct population segments of the Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) under the ESA (77 FR 5880; 77 FR 5914). As a result of the Atlantic sturgeon's listing, the NRC staff has reviewed the potential for each NRC-licensed operating reactor to adversely affect the Atlantic sturgeon. The NRC staff identified Brunswick as a facility that has the potential to adversely affect the species. Atlantic sturgeon in the vicinity of Brunswick are part of the Carolina distinct population segment, which is endangered.

Brunswick lies 15 mi (24 km) south of Wilmington, North Carolina along the mouth of the Cape Fear River. The facility uses a once-through heat dissipation system that withdraws brackish water from the Cape Fear River Estuary and discharges heated water to the Atlantic Ocean offshore of Caswell Beach.

Atlantic sturgeon juveniles and migrating adults are likely to occur in the Cape Fear River in the vicinity of the Brunswick intake, and adults may occur in the Atlantic Ocean in the vicinity of the Brunswick discharge. The NRC staff assessed the impacts of continued operation of Brunswick on all life stages of the Atlantic sturgeon in the enclosed biological assessment, in which the NRC concludes that the continued operation of Brunswick is not likely to adversely affect the Atlantic sturgeon.

R. Crabtree -2 The NRC requests your written concurrence on the NRC's determination within 30 days per 50 CFR 402.12(j). Please contact Ms. Briana Balsam, Biologist, of my staff with any additional information you might need to assess the potential impacts to the Atlantic sturgeon at Brunswick. You can reach her at 301-415-1042 or bye-mail atBriana.Balsam@nrc.gov.

Sincerely, I'

Jeremy J. Sus¢, Actin~ h Environme{!tar Review and Guidance Update Branch Division of License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-324 and 50-325

Enclosure:

As stated cc w/encl: Listserv

Biological Assessment Brunswick Steam Electric Plant, Units 1 and 2 Continued Operation March 2012 Docket Numbers 50-324, 50-325 U.S. Nuclear Regulatory Commission Rockville, Maryland Prepared by:

Briana Balsam Division of License Renewal Office of Nuclear Reactor Regulation

Table of Contents 1.0 Introduction .............................................................................................................1 2.0 Description of the Action ........................................................................................ 1 2.1 Site Location and Description ................................................................................ 1 2.2 Cooling Water System Description and Operation ................................................. 1 3.0 Action Area: Cape Fear River Estuary and the Atlantic Ocean ............................ 2 4.0 Federally Listed Species Considered ....................................................................7 4.1 Section 7 Consultation History and Listed Species Previously Considered ............ 7 4.2 Atlantic Sturgeon ................................................................................................... 8 4.2.1 Life History ...................................................................................................... 8 4.2.2 Distribution ....................................................................................................... 9 4.2.3 Population Status ........................................................................................... 9 4.2.4 Listing History .................................................................................................. 9 5.0 Action Effects Analysis ........................................................................................10 6.0 Conclusion and Determination of Effects ................. ;......................................... 11 7.0 References .............................................................................................................12 Figures Figure 1. Brunswick Site Boundary Map ........................................................................ .4 Figure 2. Brunswick and Surrounding 6-Mile Vicinity ....................................................... 5 Figure 3. Brunswick and Surrounding 50-Mile Vicinity ..................................................... 6 Tables Table 1. 2000 Biological Opinion Incidental Take Limits ................................................. 7 Table 2. Previously Considered Federally Listed Species ............................................... 8 ii

Abbreviations, Acronyms, and Symbols degrees Celsius degrees Fahrenheit ac acre Brunswick Brunswick Steam Electric Plant, Units 1 and 2 cfs cubic feet per second cm centimeter CP&L Carolina Power & Light Company DPS distinct population segment ESA Endangered Species Act of 1973, as amended FR Federal Register fps feet per second ft foot gpm gallons per minute ha hectare in. inch(es) kg kilogram km kilometer Ib pound m meter(s) mm millimeter(s) mls meters per second m3/s cubic meters per second mi mile mtlyr metric tons per year NMFS National Marine Fisheries Service NPDES National Pollutant Discharge Elimination System NRC U.S. Nuclear Regulatory Commission ppt parts per thousand SEIS Supplemental Environmental Impact Statement iii

Biological Assessment of the Potential Effects on the Atlantic Sturgeon from Continued Operation of Brunswick Steam Electric Plant, Units 1 and 2 1.0 Introduction The regulations that implement the Endangered Species Act of 1973, as amended (ESA) stipulate that Federal agencies must reinitiate section 7 consultation in cases where a new species is listed or critical habitat designated that may be affected by the identified action (50 CFR 402. 16(d)).

On February 6,2012, the National Marine Fisheries Service (NMFS) listed five distinct population segments (DPSs) of the Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) under the Endangered Species Act of 1973, as amended (ESA) (77 FR 5880; 77 FR 5914). As a result of the Atlantic sturgeon's listing, the U.S. Nuclear Regulatory Commission (NRC) staff has reviewed the potential for each NRC-licensed operating reactor to adversely affect the Atlantic sturgeon. The NRC staff identified Brunswick Steam Electric Plant, Units 1 and 2, (Brunswick) as a facility that has the potential to adversely affect the species. Atlantic sturgeon in the vicinity of Brunswick are part of the Carolina distinct population segment (DPS), which is endangered.

Therefore, to support reinitiation of section 7 consultation, this biological assessment considers the impacts of Brunswick's continued operation on the Atlantic sturgeon.

2.0 Description of the Action The action that this biological assessment considers is Brunswick's continued operation through the end of the facility's renewed license terms. Carolina Power & Light Company (CP&L) owns and operates Brunswick. Brunswick is a two-unit boiling water reactor that began operating on March 18, 1977 (Unit 1) and November 3, 1975 (Unit 2). The NRC issued renewed operating licenses for both units on June 26, 2006, which authorize CP&L to operate Brunswick through September 8,2036, and December 27,2034, for Units 1 and 2, respectively.

2.1 Site Location and Description The Brunswick site lies 15 mi (24 km) south of Wilmington, North Carolina along the mouth of the Cape Fear River. In this location, the Cape Fear River is tidal and considered part of the Cape Fear Estuary. East of the site, several barrier islands separate the Cape Fear River Estuary from the Atlantic Ocean. The Brunswick site also includes several creeks, saline and brackish marshes, coastal dunes, and woodlands. Figures 1, 2, and 3 show the site, the surrounding 6-mi (10-km) vicinity, and the surrounding 50-mi (80-km) vicinity, respectively.

2.2 Cooling Water System Description and Operation Brunswick uses a once-through cooling system that withdraws water from the Cape Fear River Estuary and discharges water to the Atlantic Ocean offshore of Caswell Beach. When withdrawn, Cape Fear River Estuary water travels through a 3-mi (4.8-km)-long intake canal that cuts through Snows Marsh and runs across the mainland. The intake canal experiences the same tidal fluctuations as the Cape Fear River Estuary, and therefore, water current velocities vary based on daily tides, seasonal tides, and circulating water pump rates. Generally, water travels through the canal at a rate of 0.6 fps (0.2 m/s). Within the canal, a fish diversion structure minimizes the number of fish that enter the intake canal, and thus, reduces the number of aquatic organisms that are impinged on the traveling screens.

1

From the intake canal, water flows into one of eight separate intake bays, each of which have a trash rack and vertical traveling screen. Four of the traveling screens are composed of 1-mm (0.04-in.) fine mesh, and the other four are composed of half 1-mm (0.04-in.) fine mesh and half 3/8-in. (9.5-mm) coarse mesh. Typically, each reactor unit operates using two fine mesh screens and one of the combined fine and coarse mesh screen. As water travels through the screens, pressure sprays wash biota and debris into a collection trough and then into the fish return system, which flows via gravity to a holding pond (or return basin). From the return basin, fish are able to move into Walden Creek, which connects with the Cape Fear River.

In each intake bay, vertical circulating water pumps behind the traveling screens have a capacity to each pump up to 156,000 gpm (9.8 m3/s). The system can pump up to 1.25 million gpm (78.9 m3/s) if all eight pumps are operating. However, the Brunswick National Pollutant Discharge Elimination System (NPDES) permit limits the facility to 922 cfs (28 m3/s) per reactor unit from December to March and to 1,105 cfs (31 m3/s) per reactor unit from April to November with the stipulation that one unit may increase its flow to 1,230 cfs (35 m3/s) during the months of July, August, and September. With both reactor units operating, the NPDES permit limits the withdrawal of Cape Fear River water to 1,844 cfs (827,690 gpm) from December to March, 2,210 cfs (991,848 gpm) from April to November, and 2,335 cfs (1,048,017 gpm) in July, August, and September.

From the vertical circulating water pumps, cooling water travels through eight 6-ft (1.8-m)-diameter pipes to the turbine steam condensers. After passing through the condensers, heated water moves through a concrete discharge tunnel to a 6-mi (9.6-km)-long discharge canal that extends south for about half its length and then travels south to Oak Island. The discharge canal ends near the Intracoastal Waterway, at which point water enters a stilling basin and then flows under the Intracoastal Waterway through two 13-ft (4-km)-diameter pipes to a second stilling basin. From the second stilling basin, eight discharge pumps at the Caswell Beach pumping station move water to a pair of 13-ft (4-km)-diameter pipes that extend 2,000 ft (610 m) offshore and discharge the water to the Atlantic Ocean about 10 ft (3 m) below the water's surface.

Brunswick's NPDES permit stipulates that discharged water may not exceed 0.8°C (1.44°F) above ambient temperatures from June through August or 2.2°C (3.96°F) above ambient temperatures from September through May. Inside a 2000-ac (810-ha) mixing zone, a small area (120 ac [49 hal at the water's surface and less than 545 ft2 [51 m 2] at the bottom) may increase up to 3.9°C (rF) above ambient temperatures. Outside of the defined mixing zone, water temperatures may not exceed 32°C (89.6°F) as measured 3 ft (0.9 m) below the surface.

(NRC 2006) 3.0 Action Area: Cape Fear River Estuary and the Atlantic Ocean Brunswick lies approximately 5.7 mi (9.2 km) upstream from the mouth of the Cape Fear River.

This stretch of the river is under tidal influence and is considered part of the Cape Fear River Estuary. The estuary includes 22,000 ac (8,900 hal of salt marsh and 18,000 ac (7,300 hal of tidal1;lats and tidal streams (CP&L 2004).

The Cape Fear River Estuary is a partially mixed estuary. An average of 10,000 cfs (280 m/s) of freshwater flows into the estuary each day, though inflow varies with annual and seasonal rainfall within the larger Cape Fear River watershed (CP&L 2004). Flow is generally highest in late winter and lowest in late summer and fall. Water surface salinities range from 8 to 24 ppt during average freshwater inflow, while bottom salinities range from 15 to 29 ppt (CP&L 2004).

The tidal current near Brunswick is about 3.4 fps (1 m/s) on average.

2

Brunswick withdraws cooling water just downstream of Sunny Point where Cape Fear River water mixes with Atlantic Ocean water and creates a salinity gradient. The river at this point is about 1 to 2 mi (1.6 to 3.2 km) wide. From Sunny Point upstream to Wilmington, the water is often two-layered; less dense freshwater moves downstream over more dense seawater (CP&L 1980). Downstream from Sunny Point, the water mixes more uniformly because of complex water circulation patterns, vigorous tidal action, and high exchange ratios with the ocean. This portion of the estuary is shallow and irregular in shape with many islands and channels that enhance mixing. Tidal conditions and highly variable freshwater flow cause salinities at the Brunswick intake to range from 0 to 32 parts per thousand (ppt) (AEC 1974). During periods of average freshwater inflow, salinities near Sunny Point range from 8 to 15 ppt (CP&L 1980).

Salinity is generally lowest in the winter and highest in late summer (CP&L 1985).

The Cape Fear Estuary serves as a nursery area for many larval and post-larval stages of fish and shellfish. Some species, such as anchovy (Anchoa spp.) and gobies (GobioneJ/us 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 2003a). Many species that inhabit waters in the vicinity of Brunswick have commercial or recreational value. Brown shrimp (Farfantepenaeus aztecus) , pink shrimp (F. duorarum) , and white shrimp (Utopenaeus setiferus) inhabit salt marshes, including Snows Marsh, which borders the intake canal (CP&L 1980). The NRC's biological assessment (NRC 2005) and supplemental environmental impact statement (NRC 2006) regarding Brunswick license renewal provide additional information on Cape Fear River Estuary ecology.

3

Figure 1. Brunswick Site Boundary Map

$ u..

.5 Ii iii 0 II)

E

'x e

CI.

0 CI.

R tf7 "Z

III

~ I !I Figure Source: CP&L 2004 4

Figure 2. Brunswick and Surrounding 6-Mile Vicinity

\ r--//

'? /

\/

,.'t;,

. . . . . . .i........

0.1 0 o.e 11.1 22.1 I UM",

E!4  ;;;;;;

Figure Source: CP&L 2004 5

Figure 3. Brunswick and Surrounding 50-Mile Vicinity AT1AIITIC OCEAN I

1 0 1 10 11 20 .....

II 0 1 10 111 20 215 3D

  • KIDman

!"""""""II IIii¥FjII Figure Source: CP&L 2004 6

4.0 Federally Listed Species Considered 4.1 Section 7 Consultation History and Listed Species Previously Considered The NRC and NMFS have previously consulted under section 7 of the ESA concerning Brunswick. In 1998, the NRC submitted a biological assessment to and requested formal consultation with NMFS as a result of incidental takes of sea turtles in the Brunswick cooling water intake system. The NMFS issued a biological opinion on April 30, 1999 (NMFS 1999).

Brunswick incidentally took two Kemp's ridley sea turtles in 1999, which triggered NRC to request reinitiation of formal consultation in October 1999 (NRC 1999). The NMFS issued its most recent biological opinion concerning Brunswick on January 20, 2000 (NMFS 2000), and it includes an incidental take statement for sea turtles. Table 1 identifies the incidental take limits established in the 2000 biological opinion.

Table 1. 2000 Biological Opinion Incidental Take Limits Allowable Take Species (Annual Basis)

Injured or dead causally related to plant operations loggerhead turtle (Caretta caretta) 6 Kemp's ridley turtle (Lepidochelys kempi/) 2 green turtle (Chelonia mydas) 3 leatherback turtle (Dermochelys coriacea) or 1

hawksbill turtle (£retmochelys imbricata)

Alive and unharmed Any of the five sea turtle species 50 Source: NMFS 2000 In August 2005, the NRC prepared another biological assessment (NRC 2005), which appeared in Appendix E of NUREG-1437, Supplement 25, Generic Environmental Impact Statement for License Renewal of Nuclear Plants Regarding Brunswick Steam Electric Plant, Units 1 and 2 (NRC 2006). The 2005 biological assessment considered the effects of issuing renewed operating licenses to Carolina Power & Light Company (CP&L) that would allow the company to operate Brunswick for 20 years beyond the initial 40-year license term. In a letter dated September 19, 2005, the NMFS indicated that formal consultation was unnecessary at that time because Brunswick had not exceeded the limits set forth in the 2000 biological opinion's incidental take statement (NMFS 2005).

Since the NRC prepared its last biological assessment, Brunswick's annual sea turtles reports (CP&L 2006,2007, 2008, 2009, 2010, 2011, 2012) indicate that to date, Brunswick has not exceeded the 2000 biological opinion incidental take statement limits for any listed species.

Additionally, the operation of Brunswick has not been modified such that additional effects to listed species exist that the NRC has not previously considered. Table 2 identifies the Federally listed species considered during previous section 7 consultations for Brunswick. These species will not be considered in any further detail in this biological assessment.

7

Table 2. Previously Considered Federally Listed Species Consultation Year Species 1999 2000 2005 Effects Determination sei whale x no effect (Balaenoptera borealis) blue whale x no effect (Balaenoptera musculus) fin whale x no effect (Balaenoptera physalus)

North Atlantic right whale x no effect (Euba/aena glacialis) humpback whale x no effect (Megaptera novaeangliae) sperm whale x no effect (Physeter macrocephalus) loggerhead turtle x x x may affect, but not likely to (Caretta caretta) adversely affect green turtle x x x may affect, but not likely to (Chelonia mydas) adversely affect leatherback turtle x x x may affect, but not likely to (Dermochelys coriacea) adversely affect hawksbill turtle x x x may affect, but not likely to (Eretmochelys imbricata) adversely affect Kemp's ridley turtle x x x may affect, but not likely to (Lepidochelys kempiJ) adversely affect shortnose sturgeon x x may affect, but not likely to (Acipenser brevirostrum) adversely affect 4.2 Atlantic Sturgeon 4.2.1 Life History The Atlantic sturgeon is an anadromous bony fish that can grow to 14 ft (4.3 m) and weigh up to 800 Ibs (370 kg) (Gilbert 1989; NOAA 2012). Atlantic sturgeon are similar in appearance to shortnose sturgeon-bluish-black to olive brown dorsally with pale sides and underbelly-but are larger in size and have a smaller and differently shaped mouth (NOAA 2012). Females reach maturity at 7 to 30 years of age, and males reach maturity at 5 to 24 years of age, with those fish inhabiting the southern range maturing earlier (ASMFC 2007). Females return to natal freshwater rivers to spawn between April and May. Females lay 400,000 to 4 million highly adhesive eggs, which fall to the bottom of the water column and adhere to cobble or other hard bottom substrate. Eggs hatch in 94 to 140 hours0.00162 days <br />0.0389 hours <br />2.314815e-4 weeks <br />5.327e-5 months <br /> at temperatures of 20°C (68°F) and 18°C (64.4°F), respectively (ASSRT 2007). Larvae consume their yolk sac in 8 to 12 days, during which time larvae migrate downstream into brackish water, where they live for a few months (ASSRT 2007). Larvae are demersal and use benthic structures as refugia; thus, they are typically not found in the water column (ASSRT 2007). When juveniles reach a size of 30 to 8

36 in. (76 to 92 cm), they migrate to nearshore coastal waters, where they feed on benthic invertebrates, including crustaceans, worms, and mollusks (NOM 2012). Juveniles and non-spawning adults inhabit estuaries and coastal marine waters dominated by gravel and sand substrates (NOM 2012).

4.2.2 Distribution Historically, the Atlantic sturgeon has inhabited riverine, estuarine, and coastal ocean waters from St. Lawrence River, Canada to St. John's River, Florida (75 FR 61872). Within the U.S.,

the species was present in approximately 38 rivers from St Croix, Maine to Saint John's River, Florida. Currently, the species resides in 36 U.S. rivers and spawns in at least 20 of these rivers (ASSRT 2007). Within North Carolina, the Atlantic sturgeon historically occurred in most coastal rivers and estuaries. Today, Atlantic sturgeon occur in Albemarle Sound (Roanoke and Chowan/Nottoway Rivers), Pamlico Sound (Tar and Neuse Rivers), and the Cape Fear River, and sturgeon use each of these rivers as both spawning and nursery grounds.

4.2.3 Population Status Atlantic sturgeon have been commercially fished from as early as 1628, though a SUbstantial Atlantic sturgeon fishery did not appear until the late 1800s (Shepard 2006). Overfishing and habitat degradation caused a decline in landings beginning in the early 1900s; however, landings increased from 1950 to 1980, specifically in the Carolinas, and ranged from 45 metric tons per year (mtlyr) to 115 mtlyr (Shepard 2006). In 1998, the Atlantic States Marine Fisheries Commission, which manages the commercial harvest of the species, instituted a moratorium on Atlantic sturgeon harvest in U.S. waters (NOM 2012). Today, the species is still caught as bycatch. Based on data from 2001 to 2006, the ASMFC (2007) estimated that in U.S. waters, between 2,752 and 7,904 individuals per year are caught as by catch in sink gillnets, and 2,167 to 7,210 individuals per year are caught as bycatch in trawls.

Eight subpopulations (seven extant; one extinct) form the Carolina DPS. The ASSRT (2007) estimates that these subpopulations are likely less than 3 percent of their historical abundance based on 1890s commercial landings data. An estimated 7,200 to 10,500 adult females inhabited North Carolina waters prior to 1890 according to abundance estimates derived from historical landings records (ASSRT 2007). Within the Cape Fear River, three locks and dams in the lower between Wilmington and Fayetteville reduce available spawning habitat by about 66 percent because sturgeon cannot pass beyond Lock and Dam 1 in Riegelwood (ASSRT 2007). Two gillnet surveys (1990-1992 and 1997-2005) within the Cape Fear River indicate that the relative abundance of Atlantic sturgeon below Lock and Dam 1 is increasing based on catch per unit of effort calculations (Moser and Ross 1995; Williams and Lankford 2003). However, no specific population estimates are available for the Cape Fear River population. In the U.S.,

estimates exist for only the Hudson River, New York (870 spawning adults/year) and the Atlamaha River, Georgia (343 spawning adults/year) (75 FR 61872). These two rivers are considered to have the healthiest subpopulations (ASSRT 2007); therefore, the Cape Fear River population likely has fewer spawning adults per year than either of these.

4.2.4 Listing History In 2007, the NMFS considered listing the Atlantic sturgeon under the ESA, but concluded that listing was not warranted at that time. In 2009, the Natural Resources Defense Council petitioned for the NMFS to reconsider the listing of the species (NRDC 2009). The NMFS accepted the NRDC's petition in a 90-Day Finding on January 6, 2010 (75 FR 838). On October 6, 2010, the NMFS published Proposed Listing Determinations for five Atlantic sturgeon DPSs (75 FR 61872; 75 FR 61904). On February 6,2012, the NMFS listed the five Atlantic 9

sturgeon DPSs under the ESA (77 FR 5880; 77 FR 5914). Atlantic sturgeon in the vicinity of Surry are part of the Carolina DPS, which is listed as endangered.

5.0 Action Effects Analysis Brunswick has the potential to entrain or impinge Atlantic sturgeon when the facility withdraws Cape Fear River water for cooling or to cause heat shock from the return of cooling water to the Atlantic Ocean at the facility's discharge point. All life stages of Atlantic sturgeon occur within the Cape Fear River. However, not all life stages are likely to occur in the vicinity of Brunswick due to the river's salinity and proximity to the Atlantic Ocean at this point in the river.

Atlantic sturgeon spawn in the Cape Fear River as far upstream as Lock and Dam 1 in Riegelwood (river km 90 [56 river mil). Within the vicinity of Brunswick, however, females are unlikely to spawn due to the salinity, and eggs laid upstream would not travel downstream because Atlantic sturgeon eggs fall to the bottom of the water column and adhere to hard substrate material until they hatch.

Juveniles are the life stage most likely to occur in the vicinity of the Brunswick intake. Moser and Ross (1995) found that Cape Fear River juveniles congregate near the saltwater-freshwater interface in depths greater than 10m (33 ft). Water salinity at Sunny Point near the Brunswick intake averages 8 to 15 ppt, but can range from 0 to 32 ppt (CP&L 1980).

Atlantic sturgeon spend most of their adult life in marine waters, but adults are likely to occur near the intake during spring migration from April to May and are also likely to occur in the Atlantic Ocean near the Brunswick discharge.

Entrainment Entrainment occurs when aquatic organisms (usually eggs, larvae, and other small organisms) are drawn into the cooling water system and are subjected to thermal, physical, and chemical stress.

Atlantic sturgeon eggs are unlikely to be entrained because they do not occur in the vicinity of the Brunswick intake. Larvae are not likely to be found as far downstream as Brunswick.

Additionally, larvae use benthic structures as refugia and are typically not found in the water column. Therefore larvae are unlikely to be entrained in the Brunswick cooling water system.

Progress Energy Carolinas, Inc. conducted entrainment sampling as a requirement of Brunswick's NPDES permit and did not report Atlantic sturgeon eggs or larvae in its entrainment samples (PEe 1993,1994, 2003a, 2003b).

Impingement Impingement occurs when aquatic organisms are pinned against intake screens or other parts of the cooling water system intake structure.

The Brunswick cooling system could impinge both juveniles and adults, though both juveniles and adults would be capable of avoiding Brunswick's low intake velocity of 0.6 fps (0.2 m/s). By comparison, the average tidal current near the Brunswick intake is 3.4 fps (1 m/s). Historic records indicate that between 1975 and 1982, Brunswick impinged 42 Atlantic sturgeon (CP&L 1999), In 1982, CP&L installed a fish diversion structure within the intake canal, and no Atlantic sturgeon have been impinged since that time.

Heat Shock Heat shock is acute thermal stress caused by exposure to a sudden elevation of water temperature that adversely affects the metabolism and behavior of fish and other aquatic organisms.

10

Little information exists on the temperature preferences or tolerances of Atlantic sturgeon, which makes the evaluation of thermal impacts to the species difficult. Smith (1985 in Gilbert 1989) reported that when temperatures drop below 20°C (68°F), juvenile Atlantic sturgeon in the Hudson River congregate downstream in deeper, brackish waters where they remain until spring. As the river warms throughout the season, the juveniles again move downstream to waters of temperatures 24.2 to 24.rC (75.6 to 76.5°F).

Available information on shortnose sturgeon, which have similar habitat preferences to Atlantic sturgeon, indicates that adult shortnose sturgeon occur in water temperatures ranging from as low as 2 to 3°C (36 to 37°F) to as high as 34°C (93°F) (Crance 1986). However, Crance (1986) noted that young shortnose sturgeon may experience distress or rapid mortality at temperatures over 25°C (7rF). Crance (1986) concluded that for the purpose of habitat suitability modeling, the optimal summer water temperature range for foraging adults was 11 to 22°C (52 to 72°F) and that temperatures equal to or below 8°C (4rF) or equal to or above 35°C (95°F) were unsuitable.

Ziegeweid et al. (2008) studied lethal and behavioral responses (loss of equilibrium) of juvenile shortnose sturgeon to temperature change after being acclimated to different temperatures.

Final thermal preferences ranged from 26.2°C (79.2°F) to 28.3°C (82.9°F) and upper limits of safe temperatures based on loss of equilibrium ranged from 28.7°C (83. rF) to 30.1 °C (86.2°F)

(Ziegeweid et al. 2008). In its evaluation of thermal impacts to shortnose sturgeon at Indian Point Nuclear Generating, Units 2 and 3, in Buchanan, New York, the NRC (2011) used Ziegeweid et al.'s upper safe limit of 29.8°C (85.6°F)-rounded to 30°C (86°F)-as a conservative thermal limit for the species, although shortnose sturgeon near the facility would likely be much larger and older than those tested by Ziegeweid et al. (2008). In the absence of species-specific information, the NRC staff will also consider 30°C (86°F) to be the thermal limit for Atlantic sturgeon in this assessment.

Only adult Atlantic sturgeon would be expected to occur in the Atlantic Ocean near the Brunswick discharge. Brunswick's NPDES permit stipulates that water temperatures may reach but not exceed 32°C (89.6°F) as measured 3 ft (0.9 m) below the surface outside of the thermal mixing zone. Thus, temperatures may exceed the Atlantic sturgeon's thermal tolerance level in a small area for short periods of time. However, Atlantic sturgeon are more likely to occur near the bottom of the water column where temperatures would not rise as high as a result of the discharge. Additionally, any sturgeon in this location would be able to retreat to adjacent deeper and cooler waters. Therefore, the NRC staff does not expect Atlantic sturgeon to be adversely affected by Brunswick's heated discharge.

6.0 Conclusion and Determination of Effects The NRC staff concludes that Brunswick is not likely to adversely affect the Atlantic sturgeon during the remainder of the current operating license period (September 8, 2036, for Unit 1 and December 27,2034, for Unit 2).

The life history of the species indicates that eggs and larvae are unlikely to be in the area.

Additionally, no studies or records indicate that Atlantic sturgeon have been entrained at Brunswick. Juveniles and adults would easily avoid the low intake velocities, and no Atlantic sturgeon have been impinged since CP&L installed the fish diversion structure in 1982.

Concerning the potential for heat shock, the immediate mixing zone may reach temperatures above the Atlantic sturgeon's thermal preference during the summer months, but Atlantic sturgeon would easily be able to avoid this small area of elevated temperatures.

11

7.0 References References that appear with an Agencywide Document Access and Management System (ADAMS) accession number can be accessed through NRC's web-based ADAMS at the following URL: http://adams.nrc.gov/wba/.

50 CFR Part 402. Code of Federal Regulations, Title 50, Wildlife and Fisheries, Part 402, "Interagency Cooperation-Endangered Species Act of 1973, As Amended."

75 FR 838. National Oceanic and Atmospheric Administration. "Endangered and Threatened Wildlife; Notice of 90-Day Finding on a Petition to List Atlantic Sturgeon as Threatened or Endangered under the Endangered Species Act (ESA)." Federal Register 75(3):838-841.

January 6,2010.

75 FR 61872. National Oceanic and Atmospheric Administration. "Endangered and Threatened and Plants; Proposed Listing Determinations for Three Distinct Population Segments of Atlantic Sturgeon in the Northeast Region." Federal Register 75(193):61872-61904. October 6,2010.

75 FR 61904. National Oceanic and Atmospheric Administration. "Endangered and Threatened Wildlife and Plants; Proposed Listing Determinations for Two Distinct Population Segments of Atlantic Sturgeon in the Southeast Region." Federal Register 75(193):61904-61929. October 6, 2010.

77 FR 5880. National Oceanic and Atmospheric Administration. "Endangered and Threatened Wildlife and Plants; Final Listing Determinations for Two Distinct Population Segments of Atlantic Sturgeon (Acipenser oxyrinchus oxyrinchus) in the Northeast." Federal Register 77(24):5880-5912. February 6,2012.

77 FR 5914. National Oceanic and Atmospheric Administration. "Endangered and Threatened Wildlife and Plants; Final Listing Determinations for Two Distinct Population Segments of Atlantic Sturgeon (Acipenser oxyrinchus oxyrinchus) in the Southeast." Federal Register 77(24):5914-5982. February 6, 2012. .

[AEC] U.S. Atomic Energy Commission. 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 & Light Company. Docket Nos. 50-324 and 50-325. NRC: Washington, D.C.

[ASMFC] Atlantic States Marine Fisheries Commission. 2007. Estimation of Atlantic Sturgeon Bycatch in Coastal Atlantic Commercial Fisheries of New England and the Mid-Atlantic. Special Report to the ASMFC Atlantic Sturgeon Management Board. August 2007. Available at

<http://www.asmfc.org/speciesDocuments/sturgeon/

bycatchReportAug07.pdf> (accessed 14 February 2012).

[ASSRT] Atlantic Sturgeon Status Review Team. 2007. Status Review of Atlantic Sturgeon (Acipenser oxyrinchus oxyrinchus). Report to National Marine Fisheries Service, Northeast Regional Office. February 23,2007. Available at

<http://www.nmfs.noaa.gov/pr/pdfs/statusreviews/atlanticsturgeon2007.pdf> (accessed 14 February 2012).

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

[CP&L] Carolina Power & Light Company. 1985. Brunswick Steam Electric Plant Cape Fear Studies: Interpretive Report. New Hill, North Carolina.

12

[CP&L] Carolina Power & Light Company. 1999. Fax from Turkal M to Cotton K.

Subject:

BSEP biological opinion. September 9, 1999. ADAMS No. ML993300374.

[CP&L] Carolina Power & Light Company. 2004. Application for License Renewal for Brunswick Steam Electric Plant, Units No. 1 and 2. Appendix Environmental Report-Operating License Renewal Stage .. Docket Nos. 50-325 and 50-324. Southport, North Carolina. 189 p. ADAMS No. ML043060413.

[CP&L] Carolina Power & Light Company. 2006. Brunswick Steam Electric Plant, Unit Nos. 1 and 2, 2005 Sea Turtle Annual Report. January 18, 2006. 4 p. ADAMS No. ML060260283.

[CP&L] Carolina Power & Light Company. 2007. Brunswick Steam Electric Plant, Unit Nos. 1 and 2, 2006 Sea Turtle Annual Report. January 16, 2007. 5 p. ADAMS No. ML070250143.

[CP&L] Carolina Power & Light Company. 2008. Brunswick Steam Electric Plant, Unit Nos. 1 and 2, 2007 Sea Turtle Annual Report. January 22, 2008. 5 p. ADAMS No. ML080290654.

[CP&L] Carolina Power & Light Company. 2009. Brunswick Steam Electric Plant, Unit Nos. 1 and 2,2008 Sea Turtle Annual Report. January 14, 2009. 5 p. ADAMS No. ML090280366.

[CP&L] Carolina Power & Light Company. 2010. Brunswick Steam Electric Plant, Unit Nos. 1 and 2, 2009 Sea Turtle Annual Report. January 11, 2010. 4 p. ADAMS No. ML100200283.

[CP&L] Carolina Power & Light Company. 2011. Brunswick Steam Electric Plant, Unit Nos. 1 and 2, 2010 Sea Turtle Annual Report. January 18, 2011. 4 p. ADAMS No. ML110250264.

[CP&L] Carolina Power & Light Company. 2012. Brunswick Steam Electric Plant, Unit Nos. 1 and 2, 2011 Sea Turtle Annual Report. January 11, 2012.4 p. ADAMS No. ML12031A169.

Crance, J.H. 1986. Habitat Suitability Index Models and Instream Flow Suitability Curves:

Shortnose Sturgeon. U.S. Fish and Wildlife Service Biological Report 82(10.129).31 pp.

Endangered Species Act of 1973. 16 US.C. 1531, et seq.

Gilbert CR. 1989. Species Profiles: Life Histories and Environmental Requirements of Coastal Fishes and Invertebrates (Mid-Atlantic)-Atlantic and Shortnose Sturgeons. U.S. Fish and Wildlife Service Biological Report 82(11.122). U.S. Army Corps of Engineers TR EL-82-4.

December 1989. Available at <http://www.nwrc.usgs.gov/wdb/pub/

species profiles/82 11-122. pdf> (accessed 14 February 2012).

Moser ML, Ross SW. 1995. Habitat use and movements of shortnose and Atlantic sturgeons in the Lower Cape Fear River, North Carolina. Transactions of the American Fisheries Society 124:225-234. Available at <httpJ/pbadupws.nrc.gov/docs/

ML0921/ML092170735.pdf> (accessed 29 February 2012).

[NMFS] National Marine Fisheries Service. 1999. Endangered Species Act Section 7 Consultation Biological Opinion for Operating of the Cooling Water Intake System at the Brunswick Steam Electric Plant. September 9, 1999. [Limited pages available.] ADAMS No.

ML993300374.

[NMFS] National Marine Fisheries Service. 2000. Endangered Species Act Section 7 Consultation Biological Opinion for Operating of the Cooling Water Intake System at the Brunswick Steam Electric Plant. January 20,2000.41 p. ADAMS No. ML003689317.

[NMFS] National Marine Fisheries Service. 2005. Letter from Crabtree RE, Regional Administrator, to Kuo PT, License Renewal Division Director, NRC.

Subject:

Reply to biological assessment for Brunswick license renewal. September 19,2005. ADAMS No. ML060240452.

13

[NOAA} National Oceanic and Atmospheric Administration. 2012. "Atlantic Sturgeon (Acipenser oxyrinchus oxyrinchus)." Available at <http://www.nmfs.noaa.gov/pr/

species/fish/atlanticsturgeon.htm> (accessed 14 February 2012).

[NRC] U.S. Nuclear Regulatory Commission. 1999. Letter from Berkow HB, Licensing Project Management Division Director, to Hoffman R, NMFS.

Subject:

Supplemental information regarding the impact to sea turtles at the Brunswick Steam Electric Plant. October 29, 1999.

ADAMS No. ML993300420.

[NRC} U.S. Nuclear Regulatory Commission. 2005. Biological Assessment for species under the jurisdiction of NOAA's National Marine Fisheries Service-Brunswick Steam Electric Plant, Units 1 and 2, License Renewal Review. August 2005. 30 p. ML052220333.

[NRC] U.S. Nuclear Regulatory Commission. 2006. Final Generic Environmental Impact Statement for License Renewal of Nuclear Plants, NUREG-1437, Supplement 25, Regarding Brunswick Steam Electric Plant, Units 1 and 2. NRC: Washington, DC. April 2006. 133 p.

ADAMS No. ML060900480.

[NRC] U.S. Nuclear Regulatory Commission. 2011. Letter from Bauer L, Acting Branch Chief, to Colligan M, Assistant Regional Administrator for Protected Resources, NMFS.

Subject:

Supplement to revised biological assessment for license renewal of Indian Point Nuclear Generating Unit Nos. 2 and 3. July 26, 2011. ADAMS No. ML11203A100.

[NRDG] Natural Resources Defense Council. 2009. Before the Secretary of Commerce, Petition to List Atlantic Sturgeon (Acipenser oxyrinchus oxyrinchus) as an Endangered Species, or List Specified Atlantic Sturgeon DPSs as Threatened and Endangered Species, and to Designate Critical Habitat. September 30, 2009. Available at

<http://www.nmfs. noaa.gov/pr/pdfs/species/petition atlanticsturgeon nrdc. pdf> (accessed 14 February 2012).

[PEG] Progress Energy Carolinas, Inc. 1993. Brunswick Steam Electric Plant 1992 Biological Monitoring Report. March 1993.64 p. ADAMS No. ML050630143.

[PEC] Progress Energy Carolinas, Inc. 1994. Brunswick Steam Electric Plant 1993 Biological Monitoring Report. March 1994. 65 p. ADAMS No. ML050630045.

[PEC] Progress Energy Carolinas, Inc. 2003a. Brunswick Steam Electric Plant 2002 Biological Monitoring Report. November 2003. 44 p. ADAMS No. ML050630026.

[PEC] Progress Energy Carolinas, Inc. 2003b. Brunswick Steam Electric Plant 2003 Biological Monitoring Report. December 2003. 34 p. ADAMS No. ML050630094.

Shepard G. 2006. "Status of Fishery Resources off the Northeastern U.S.: Atlantic and Shortnose Sturgeons." December 2006. Available at <http://www.nefsc.noaa.gov/

sos/spsyn/af/sturgeon/archives/42 Atlantic ShortnoseSturgeons 2006.pdf> (accessed 14 February 2012).

Smith CL. 1985. The Inland Fishes of New York State. The New York State Dep. of Environmental Conservation: Albany, NY. 522 pp.

Williams MS, Lankford TE. 2003. Fisheries studies in the lower Cape Fear River system, June 2002-2003. p. 116-169 in Environmental Assessment of the Lower Cape Fear River System, 2002-2003. Mallin MM, Mciver MR, Wells HA, Williams MS, Lankford TE, Merritt JF (eds).

Center for Marine Science Report 03-03. University of North Carolina at Wilmington, NC.

Available at <http://uncw.edu/cms/aquaticecology/laboratory/lcfrp/

WQ%20Reports/02-03/Report.htm> (accessed 29 February 2012).

14

Ziegeweid JR, Jennings CA, Peterson DL. 2008. Thermal maxima for juvenile shortnose sturgeon acclimated to different temperatures. Environmental Biology of Fishes 82:299-307.

15

R. Crabtree - 2 The NRC requests your written concurrence on the NRC's determination within 30 days per 50 CFR 402.120}. Please contact Ms. Briana Balsam, Biologist, of my staff with any additional information you might need to assess the potential impacts to the Atlantic sturgeon at Brunswick. You can reach her at 301-415-1042 or bye-mail atBriana.Balsam@nrc.gov.

Sincerely, IRA! J. Rikhoff for Jeremy J. Susco, Acting Chief Environmental Review and Guidance Update Branch Division of License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-324 and 50-325

Enclosure:

As stated cc w/encl: Listserv DISTRIBUTION:

See next page ADAMS Accession No' ML12065A380

OFFICE LA:RPB1 :DLR PM:RERB:DLR AB:RERB:DLR OGC (NLO)

NAME YEdmonds BBalsam DLogan MSmith I i DATE 03/13/2012 03/14/2012 I 03/26/2012 03/21/2012 r---

i OFFICE BC:RERB:DLR JSusco I NAME I

(JRikhoff for)

I I DATE 03/26/2012 I

OFFICIAL RECORD COpy

Letter to R. Crabtree from J. Susco dated March 26, 2012.

SUB~IECT: REQUEST TO REINITIATE SECTION 7 CONSULATION FOR ATLANTIC STURGEON AT BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2 DISTRIBUTION:

E-MAIL:

PUBLIC RidsNrrDlr Resource RidsNrrDlrRpb1 Resource RidsNrrDlrRpb2 Resource RidsNrrDlrRarb Resource RidsNrrDlrRasb Resource RidsNrrDlrRapb Resource RidsOgcMailCenter Resource RidsNrrBrunswick BBalsam DLogan Almboden