ML12136A585

Letter from L. Williams, Fws, to J. Susco, NRC, Update to Fws'S Biological Opinion for St. Lucie Dated April 25, 2012

ML12136A585
Person / Time
Site:	Saint Lucie
Issue date:	05/15/2012
From:	Linda Williams US Dept of Interior, Fish & Wildlife Service
To:	Susco J Division of License Renewal
References
Download: ML12136A585 (3)

Text

United States Department of the Interior FISH AND WILDLIFE SERVICE South Florida Ecological Services Office 1339 ,0th Street Vero Beach, Florida 32960 May 15, 2012 Jeremy J. Susco, Acting Chief U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Service Federal Activity Code: 41420-201 2-CPA-0 140 Nuclear Regulatory Commission Docket Nos.: 50-335 and 50-389 Project: Seawall installation Applicant: Florida Power and Light Company County: St. Lucie

Dear Mr. Susco:

On May 7, 2012, the Florida Power and Light Company (Applicant) informed the U.S. Fish and Wildlife Service (Service) of a discrepancy in the Services April 25, 2012, Biological Opinion for the seawall construction project. The Biological Opinion provided an incidental take statement for the threatened loggerhead sea turtle (Carerta caretta), endangered green sea turtle (Chelonia inydas), endangered leatherback sea turtle (Dermochelys coriacea), endangered hawksbill sea turtle (Eretmochelys imbricata), and endangered Kemps ridley sea turtle (Lepidochelys kempii). This letter is submitted in accordance with section 7 of the Endangered Species Act of 1973, as amended (87 Stat. 884; 16 U.S.C. 1531 et seq.).

PROJECT DESCRIPTION The Applicant proposed to construct a 396 linear foot seawall seaward of the St. Lucie Nuclear Power Plant cooling water discharge canal, located on Hutchinson Island, St. Lucie County, Florida. The proposed seawall and anchor installation is scheduled to be completed by May 1, 2012, with the remainder of the work (i.e., concrete cap, anchor tensioning, sheet pile bracing) scheduled to be completed by June 30, 2012. All construction activities will only take place during daylight hours. The intent of the proposed project is to provide a rigid coastal structure to provide hurricane protection for the St. Lucie Nuclear Plant cooling water discharge canal.

On May 7, 2012, the Applicant outlined a discrepancy in the Services April 25, 2012, Biological Opinion concerning work to be completed by June 30, 2012, and May 30, 2012, as defined in the project description (page 2) and Term and Condition lb (page 38), respectively. In the project description, the proposed seawall and anchor installation is scheduled to be completed by May 1,2012, with the remainder of the work (i.e., concrete cap, anchor tensioning, sheet pile bracing) to be completed by June 30, 2012. In Term and Condition ib, it incorrectly states no work will be completed after May 30, 2012.

In order to provide consistency throughout the Services April 25, 2012, Biological Opinion, and all other State and/or Federal permits, Term and Condition lb should read as follows:

TAKE PRIDr~

INAM ER I CA~

lb. As of May 1, no work will occur seaward of the seawall except as described below.

Work may continue without restriction landward of the seawall:

i. As of May 1, but not later than June 30, excavation may occur up to 2 feet seaward of the installed sheet pile to allow for construction of the seawall cap. All excavation shall be done by hand, and all pits/trenches shall be filled to grade by hand no later than sunset each day; ii. The Applicant shall instruct the contractor to finish the more seaward sections of cap (those sections of the seawall cap parallel to the shoreline) first, then complete cap work on the wing walls extending landward. All excavation work for cap construction shall be completed by June 30; iii. After June 30 only dune planting may occur seaward of the seawall; iv. If a nest occurs in zones 0 and N, specific marking requirements will be determined on a case-by-case basis through consultation with the FWC and the Service;

v. All nests within the ongoing construction survey area (600 feet) shall be marked with a protective barrier; vi. If a nest occurs in zones 0 or N, specific marking requirements will be determined on a case-by-case basis through consultation with FWC and the Service; and vii. The work area will be surveyed in accordance with the Sea Turtle Protection Plan prepared for St. Lucie County Development Review Board and provided as part of the permit application package. Night time turtle monitoring will be performed as requested by the FWC.

This concludes formal consultation on the action outlined in the request. As provided in 50 CFR §402.16, reinitiation of formal consultation is required where discretionary Federal agency involvement or control over the action has been retained (or is authorized by law) and if:

(1) the amount or extent of incidental take is exceeded; (2) new information reveals effects of the agency action that may affect listed species or critical habitat in a manner or to an extent not considered in this opinion; (3) the agency action is subsequently modified in a manner that causes an effect to the listed species or critical habitat not considered in this opinion; or (4) a new species is listed or critical habitat designated that may be affected by the action. In instances where the amount or extent of incidental take is exceeded, any operations causing such take must cease pending reinitiation.

If you have any questions regarding this amendment to the Biological Opinion, please contact Jeff Howe at 772-469-4283.

Sincerely yours, Larry Williams Field Supervisor South Florida Ecological Services Office 2

cc: electronic only DEP, Tallahassee, Florida (Michael Wetherington)

EPA, West Palm Beach, Florida (Ron Miedema)

FWC, Tallahassee, Florida (Robbin Trindell)

NOAA Fisheries, West Palm Beach, Florida (Jocelyn Karazsia)

NRC, Washington, D.C. (Briana Balsam)

Service, Atlanta, Georgia (Ken Graham)

Service, St. Petersburg, Florida (Anne Marie Lauritsen)

USGS, Gainesville, Florida (Susan Walls) 3