ML18247A511
Text
DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 9900SOUTHWEST10?1H AVENUE, SUITE 203 MIAMI, FLORIDA 33176 REPLY TO ATTENTION OF Regulatory Division South Permits Branch Miami Permits Section SAJ-2016-02462 (SP-MLC)
Florida Power & Light Company Attn: Matt Raffenberg 700 Universe Boulevard JB/JES Juno Beach, FL 33408
Dear Mr. Raffenberg:
May 7, 2018 The U.S. Army Corps of Engineers (Corps) is pleased to enclose the Department of the Army permit, which should be available at the construction site. Work may begin immediately but the Corps must be notified of:
- a. The date of commencement of the work,
- b. The dates of work suspensions and resumptions of work, if suspended over a week, and
- c. The date of final completion.
This information should be mailed to the Special Projects and Enforcement Branch of the Regulatory Division of the Jacksonville District at 9900 SW 107th Avenue, Suite 203, Miami, FL 33176. The Special Projects and Enforcement Branch is also responsible for inspections to determine whether Permittees have strictly adhered to permit conditions.
IT IS NOT LAWFUL TO DEVIATE FROM THE APPROVED PLANS ENCLOSED.
- VJ
- "Donald W. Kinard Chief, Regulatory Division Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 1 of 58
Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 2 of 58
Enclosures Copies Furnished:
CESAJ-RD-PE Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 3 of 58
Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 4 of 58
DEPARTMENT OF THE ARMY PERMIT Permittee:
Florida Power & Light Company Attn: Matt Raffenberg 700 Universe Boulevard JB/JES Juno Beach, FL 33408 Permit No: SAJ-2016-02462 (SP-MLC)
Issuing Office: U.S. Army Engineer District, Jacksonville NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project
Description:
The permittee is granted authorization to place 181,000 cubic yards of fill in 7.5 acres. The project is for the backfilling of 1.9 acres of a remnant canal and 5.6 acres of an active barge basin to improve water quality and mangrove habitat.
The Turtle Point canal is to be restored to -7 NAVO with the west 1/3 of the canal to +1 NAVO. The canal was previously dredged to approximately -30 feet NAVO during the initial construction of the Plant in order to allow deeper draft vessels and fuel barges to access the site. The Barge Canal/Basin is to be restored to -1 5 NAVO allowing for continued use for vessel access. Temporary pilings will be installed during construction for the installation/stabilization of turbidity curtains. The work described above is to be completed in accordance with the 1 1 pages of drawings and 7 attachments affixed at the end of this permit instrument.
Project Location: The project site is located at the existing Turkey Point facility east of Homestead, Florida for fill activities in, over, or under waters of the United States in Section 34, Township 57 South, Range 40 East, unincorporated Miami-Dade County, Florida.
Directions to site: To reach the project from Miami, travel south on the Turnpike (HEFT) to the exit for Palm Drive (Southwest 344th Street). Proceed east until Palm Drive turns south. Proceed to the guardhouse.
Approximate Central Coordinates: Latitude: 25.41 91 67 North Longitude: 80.328333 West Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 5 of 58
PERMIT NUMBER: SAJ-201 6-02462 PERMITTEE: Florida Power & Light, Turtle Point PAGE 2 of 1 0 Permit Conditions General Conditions:
1. The time limit for completing the work authorized ends on May 7, 2023. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.
- 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.
- 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.
- 4. If you sell the property associated with this permit, you must obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.
- 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions.
- 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
1.
REPORTI NG ADDRESS: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to the following address:
Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 6 of 58
PERMIT NUMBER: SAJ-201 6-02462 PERM ITTEE: Florida Power & Light, Turtle Point PAGE 3 of 1 0
- a. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Special Projects and Enforcement Branch, 9900 SW 107th Ave., Suite 203, Miami, FL 331 76-2785.
- b. For electronic mail SAJ-RD-Enforcement@usace.army.mil (not to exceed 1 0 M B).
The Permittee shall reference this permit number, SAJ-201 6-02462(SP-MLC) on all submittals.
- 2.
COMMENCEMENT NOTIFICATION: Within 1 0 days from the date of initiating the work authorized by this permit, the Permittee shall provide a written notification of the date of commencement of authorized work to the Corps.
- 3.
Self-Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached "Self-Certification Statement of Compliance" form (Attachment 6) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the "Self-Certification Statement of Compliance" form. The description of any deviations on the "Self-Certification Statement of Compliance" form does not constitute approval of any deviations by the Corps.
- 4.
As-Built Certification:
Within 60 days of completion or cessation of a period of 1 year or more of authorized work within each phase, the Permittee shall submit as-built drawings of the authorized work within that phase and complete "As-Built Certification By Professional Engineer" form (Attachment 7) to the Corps. Upon expiration of the construction window identified in General Condition 1, the Permittee shall submit a final as-built drawing and certification for all phases. The as-built drawings for each phase and the final submittal shall be signed and sealed by a registered professional engineer and include the following:
- a. A plan view drawing of the location of the authorized work footprint, as shown on the permit drawings, with transparent overlay of the work as constructed in the same scale as the permit drawings on 8%-inch by 1 1 -inch sheets. The plan view drawing should show all "earth disturbance," including wetland impacts and water management structures.
- b. A list of any deviations between the work authorized by this permit and the work as constructed. In the event that the completed work deviates, in any manner, from the Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 7 of 58
PERMIT NUM BER: SAJ-201 6-02462 PERMITTEE: Florida Power & Light, Turtle Point PAGE 4 of 1 0 authorized work, describe on the attached "As-Built Certification By Professional Engineer" form the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the as-built drawings any deviations that have been listed. Please note that the depiction and/or description of any deviations on the drawings and/or "As-Built Certification By Professional Engineer" form does not constitute approval of any deviations by the Corps.
- c. Include the Department of the Army permit number on all sheets submitted.
- 5.
POSTI NG OF PERMIT: The Permittee shall ensure that all contractors, sub contractors, and entities associated with the implementation of the project review, understand, and comply with the approved plans and special conditions made part of this permit. Complete copies of the permit and approved plans shall be available at the construction site at all times. Failure to comply with the approved plans and permit special conditions may subject the Permittee to enforcement action.
- 6.
AGENCY CHANGES/APPROVALS: Should any other agency require and/or approve changes to the work authorized or obligated by this permit, the Permittee is advised a modification to this permit instrument is required prior to initiation of those changes. It is the Permittee's responsibility to request a modification of this permit from the Miami Permits Section. The Corps reserves the right to fully evaluate, amend, and approve or deny the request for modification of this permit.
- 7.
MANATEE CONDITION: The Permittee shall comply with the "Standard Manatee Conditions for In-Water Work - 201 1," attached to this permit (Attachment 3).
- 8.
SEA TURTLE AND SMALL TOOTH SAWFISH CONDITIONS: The Permittee agrees to abide by the enclosed standard construction conditions designed to protect the Smalltooth sawfish and sea turtles (National Marine Fisheries, 2006) (Attachment 4).
- 9.
TURBIDITY PLAN: The permittee shall comply with the turbidity plan contained in the environmental report dated August 1 2, 201 6, in Section 3.2 (Attachment 7).
1 0.
ASSURANCE OF NAVIGATION AND MAI NTENANCE: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 8 of 58
PERMIT NUM BER: SAJ-201 6-02462 PERMITTEE: Florida Power & Light, Turtle Point PAGE 5 of 1 0 thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.
1 1. HISTORIC PROPERTIES:
- a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (N RHP) or those eligible for inclusion in the N RHP.
- b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work and ground-disturbing activities within a 1 00-meter diameter of the discovery and notify the Corps within the same business day (8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br />). The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s)
(THPO(s)) to assess the significance of the discovery and devise appropriate actions.
- c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition ; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps.
- d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 1 00-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist and from the Corps.
1 2. The permittee shall comply with the special conditions specified in the Environmental Resource Permit 1 3-01 2751 2-01 3 issued by the Florida Department of Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 9 of 58
PERM IT NUMBER: SAJ-201 6-02462 PERMITTEE: Florida Power & Light, Turtle Point PAGE 6 of 1 0 Environmental Protection on September 21, 201 6 (Attachment 2).
1 3. This permit does not authorize the placement of fill within the boundaries of Biscayne National Park.
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
(X) Section 1 0 of the Rivers and Harbors Act of 1 899 (33 U.S.C. 403)
(X) Section 404 of the Clean Water Act (33 U.S.C. 1 344)
( ) Section 1 03 of the Marine Protection, Research and Sanctuaries Act of 1 972 (33 U.S.C. 1 4 1 3)
- 2. Limits of this authorization.
- a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law.
- b. This permit does not grant any property rights or exclusive privileges.
- c. This permit does not authorize any injury to the property or rights of others.
- d. This permit does not authorize interference with any existing or proposed Federal projects.
- 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
- a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.
- c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.
Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 10 of 58
PERMIT NUMBER: SAJ-201 6-02462 PERM ITTEE: Florida Power & Light, Turtle Point PAGE 7 of 1 0 d. Design or construction deficiencies associated with the permitted work.
- e. Damage claims associated with any future modification, suspension, or revocation of this permit.
- 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.
- 5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
- a. You fail to comply with the terms and conditions of this permit.
- b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above).
- c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326. 5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209. 170) accomplish the corrective measures by contract or otherwise and bill you for the cost.
- 6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 11 of 58
PERM IT NUM BER: SAJ-201 6-02462 PERM ITTEE: Florida Power & Light, Turtle Point PAGE 8 of 1 0 Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(PffiMIT E)
(DATE)
(PERMITTEE NAME-PRINTED)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
A
TRENIEER)
Jason A. Kirk, P.E.
Colonel, U.S. Army District Commander (DATE)
Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 12 of 58
PERMIT NUMBER: SAJ-201 6-02462 PERMITTEE: Florida Power & Light, Turtle Point PAGE 9 of 1 0 When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE-SIGNATURE)
(DATE)
(NAME-PRINTED)
(ADDRESS)
(CITY, STATE, AND ZIP CODE)
Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 13 of 58
PERMIT NUMBER: SAJ-201 6-02462 PERMITTEE: Florida Power & Light, Turtle Point PAGE 1 0 of 1 0 Attachments to Deparlment of the Army Permit Number SAJ-2016-02462 1. PERMIT DRAWI NGS: 1 1 pages, date stamped by the Corps on March 30, 201 8 2. WATER QUALITY CERTI FICATION: Specific Conditions of the water quality permit in accordance with General Condition number 5 on page 2 of this DA permit. 1 5 pages.
- 3. MANATEE CONDITIONS: 2 pages, Standard Manatee Conditions for In-Water Work-2011
- 4. SEA TURTLE - SAWFISH CONDITIONS: 1 page, Sea Turtle and Smalltooth Sawfish Construction Conditions, revised March 23, 2006
- 5. SELF-CERTI FICATION FORM: 1 page
- 6. AS-BUI LT CERTI FICATION FORM: 2 pages
- 7. ENVIRONMENTAL REPORT, AUGUST 1 2, 201 6 Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 14 of 58
l=PL INDEX OF SHEETS SHEET #
TITLE G-001 COVER SHEET ANO VICINl1Y MAP G-002 LIMITS OF CONSTRUCTION P-101 BARGE SUP PLAN VIEW ANO SURVEY P-102 BARGE SUP FlU. CROSS-SECTIONS P-103 BARGE SUP ELEVATIONS LATEST UPDATE REV.
7/26/16 0
7/26/16 0
7/26/16 0
7/26/16 0
7/26/16 0
FLORIDA POWER AND LIGHT BARGE SLIP CANAL RESTORATION MIAMI-DADE COUNTY r,
i*$-
VICINITY MAP BARGE SLIP CANAL, MIAMI-DADE COUNTY, FLORIDA FLORIDA POWER AND LIGHT BARGE SLIP CANAL RESTORATION
& TETRA TECH, INC.
759 SOUTH FEDERAL HWY SUrT'E 314 STUART, FL 34994-2936 m.: (n2) 78hl400 FAX: (772) 781-3411 COVER SHEET AND VICINITY MAP CERTIFICATE OF AUTHORIZATION l=PL'"
MIAM1-0AoE couNrv, FL0R1US Army Cotps of Ef1<gnfeers, SAJ-20116-02462 N
NOT TO SCALE PROJECT LOCATION GULF OF MEXICO ATLANTIC OCEAN MIAMI-DADE COUNTY PROJECT LOCATION FOR PERMITTING ONLY NOT FOR CONSTRUCTION Designed by:
- "fo Checked By:
Sheet
Reference:
Reviewed By:
G-001 Sheet 1 of 5 Scale:
AS SHOWN Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 15 of 58
FPL.
FLORIDA POWER AND UGHiT BARGE SLIP CANAL RESTORATION LIMITS OF CONSTRUCTION
& TETRA TECH, INC.
759 SOUTH FEDERAL HWY SUITE 31+
ST\\JART, Fl 3+994-2936 m..: cm> 1a1-J+Do FAX: {nZ) 781-3+11 CERTIFICATE OF AUTHORIZATION
.,;-APPAClClA'E PRIRR1Y LIE MIAMI-DADE couNTY, FLoRnUS Army Cotps of Ef\\'Qnfeers, SAJ-20116-02462 Designed by:
'."°Â:EZ Checked By:
Sheet
Reference:
Reviewed By:
G-002 f,\\9 Sheet 2 of 5 ScohC:
AS SHOWN Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 16 of 58
N
- 1. ALL SURVEY DATA WAS PROVIDED BY FORD, ARMEl!TEROS & FERNANDEZ, INC. AND SURVEYED ON 4 /15/16.
- 2. ALL ELEVATIONS SHOWN HEREON ARE REFERENCED TO THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVO 88).
J. THE SURFACES USED FOR ANALYSIS WERE DEVEi.OPED FROM THE LIMITED SURVEY DATA. WITH SOME ELEVATIONS INTERPOIATED BASED ON SURROUNDING SURVEY POINTS. CONTRACTOR IS RESPONSIBLE FOR DETERMINING ACTUAL FILL VOLUMES REQUIRED FOR COMPLETION OF THIS PROJECT.
- 4. A TURBIDITY CURTAIN SHALL BE UTILIZED TO PREVENT >Ni SUSPENDED MATERIAL FROt.I ESCAPING OUTSIDE OF THE CONSTRUCTION ZONE. THREE TEMPORARY PILES SHALL BE DRIVEN AT THE LOCATIONS SHOWN TO ANCHOR THE TURBIDITY CURTAIN.
0 240 480
- 5. CROSS-SECTIONS A-A THROUGH 0-0 ARE SHOWN ON SHEET P-102.
l=PL" Feet FLORIDA POWER AND LIGHT TURTLE POINT CANAL RESTORATION BARGE SLIP PLAN VIEW AND SURVEY
& TETRA TECH, INC.
759 SOUTH FEDERAL HWY SUITE 314 STUART, FL 34994-2936 m.: (n2) 781-34-0 0 FAX: cn2J 781-3411 CERTIFICATE OF AUTHORIZATION MIAMI-DADE couNTY, FLOR1!J.S Army Cotps of Efiig ilfeers, SAJ-20116-02462 x
SURVEY POINT SURVEY BOUNDARY G---l CROSS-SECTION 0
TEMPORARY PILES TURBIDITY CURTAIN
--- APPROX. PROPERTY LINE FOR PERMITTING ONLY NOT FOR CONSTRUCTION Designed by:
'."°ÃEZ Checked By:
Sheet
Reference:
Reviewed By:
P-101 Sheet 3 of 5 Scale:
AS SHOWN Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 17 of 58
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- 2. AU. El.£VATIONS SHOWN HEREON AAE REFERENCED TO Tl-£ NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVO 88).
J. THE SURFJ.CES USED FOR ANALYSIS WERE DEVEi.OPED FROM THE LIMITED SURVEY DATA. WITH SOME ELEVATIOIS INTERPOLATED BASED ON SURROUNDING SURVEY POINTS. CONTRJCTOR IS RESPONSIEI.£ FOR OETERl.llNIHG ACTUAi.. FILL VOLUMES REQUIRED FOR COMPl.£TION OF THIS PROJECT.
- 4. APPROXIMATE ALL VOLUME TO RESTORE BASIN TO -15.0FT NAVO
- 124,000 C. Y. (NOTE: VOLUMES INCLUDE AN AODITTONAL 25:. OF MATERIAL 10 ACCOUNT FOR INADVERTENT LOSS OF MATERIAL TWO TYPES OF FILL Will BE USED:
4.1.
FILL TYPE "A": C/.LCIUM CAABONATE COAASE GRAIN SANO WITH A GRAIN Sl2E Of LESS THAN 5% P>SSlNG THROUGH A RANGE #4 TO #200 SIEVE IS UTILIZED FOR THE FILL TYPE *,;FILL QUANTITY IS 68,175 CY IN LAYER -22FT TO
-1 SFT NAVO FULL l.DICTH Of CANAL 4.2.
FILL TYPE 'E": CALCIUM CAABONATE COAASE GRAIN SANO WITH A CRAIN SIZE OF LESS THAN lOX PASSING THROUGH A RANGE 12 INCH TO #200 SIEVE IS UTILIZED FOR THE ALL 1YPE "E" FILL QUANTITY IS 55,n9 CY IN LA- -22FT NAVO TO CANAL BOTTOM FULL LDIGTH OF CANAL TYPE.,,,. FILL LMLMML1 T'1'PE *E" FILL HORIZONTAL SCALE: 1" = 240' VERTICAL EXAGGERATION: 6.0 VERTICAL SCALE: 1" = 40' Feet
- 5. APPROXIMATE AAEA OF BASIN TO BE FILLED
- 5.6 ACRES
FLORIDA POWER AND LIGHT TURTLE POINT CANAL RESTORATION BARGE SLIP Fill CROSSSECTIONS
% TETRA TECH, INC.
759 SOUTH FEDERAL HWY SUITE 31 STUART, fl 34994-29J6 m: (ml 1a1-3'IOO Flo:X:. (n2) 781-3411 CERTIFICATE Of AUTHORIZATION MJAMl*DADE couNTY. FLoR1iUS Army Cotps of Efl'glWeers, SAJ-20116-02462 Designed by:
'.°"ÅEZ Checked By:
Sheet
Reference:
Reviewed By:
P-1 02 Sheet 4 of S Scale:
AS SHOWN Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 18 of 58
- 1. AU SURVEY DATA WAS PROVIDED BY FORD, ARMENTEROS.t FERNANDEZ, INC. AND SURVEYED ON 4/15/16.
- 2. AU ELEVATIONS SHOWN HEREON ARE REFERENCED TO THE NORTH.-MERICAN \\'ERllCAl DATUM OF 1988 (NAVO 88).
- 3. THE SURFACES USED FOR NW.YSIS WERE DEVELOPED FROM THE UMllED SURVEY DATA, WITH SOME El.£VATIONS INTERPO!Al!O BASED ON SURROUNDING SURVEY POINTS. CONTRACTOR IS RESPONSIBLE FOR DETERMINING ACTUN.. FILL VOLUMES REQUIRED FOR COMPLETION OF THIS PROJECT.
- 4. APPROXllMTE FIU VOLUME TO RESTORE BASIN TO -15.0FT NAVO
- 124,000 C.Y. {NOTE: VOLUMES INCLUDE AN,t.[)DITIONAL 25% OF MATERW.. TO ACCOUNT FOR INADVERTmT LOSS OF IAATERIAL TWO TYPES OF FILL WILL BE USED:
4.1. FIU TYPE "A": CALCIUM CARBONATE CQ&.RSE GRAIN SAND WITH A CRAIN SIZE Of LESS THAN 5X PASSING THROUGH A RANCE #4 TO #200 SIEVE IS UTIU2ED FOR THE FILL TYPE ">." FILL QUANTITY IS 68, 175 CY IN LAYER -22FT TO
-15FT NAVO FULL LENGTH OF CANAL 0
250 500 4.2. FIU TYPE "E": CALCIUM CARBONATE COARSE GRAIN SAND WITH A GRAIN SIZE OF LESS THAN 10% PASSING THROUCH A RANGE 12 INCH TO #200 SIEVE IS UTILIZED FOR THE FILL TYPE "E" FILL QUANTITY IS 55,n9 CY IN LAYER -22FT NAVO TO CAN& BOTTOM FULL LENGTH OF CANAL FPLa GH
- 5. APPROXllMTE AREA OF BASIN TO BE FlLLED = 5.6 ACRES FLORIDA POWER AND UGHiT BARGE SLIP CANAL RESTORATION I ("tt) TETRA TECH, INC.
759 SOUTH FEDERAL HW'f SUITE 314 STUART, FL 34994-2936 BARGE SIUP ELEVATIONS i
TR.: (m) 781-3400 F (n2) 781-3411 CERTIFICATE OF AUTHORIZATION MIAMl*DADE couNTY, FL0R1i!J.S Army Co ps of Ef\\<giiffiers, SAJ-20116-02462 Minimum Elewltlaft I Maxrmum Elhotlon j
-.s+.094
-28.000
-alJOO
-22.000
-22Aoo 1a.ooo
-15.000 WiEliD.;
SURVEY BOUNDARY APPROX. ALL BOUNDARY FOR PERMITTING ONLY
'NOT FOR CONSTRUCTION Designed by:
EZ Checked By:
Sheet
Reference:
Reviewe-d By:
P-103 f
Sheet 5 of 5 Scale:
AS SHOWN Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 19 of 58
l=PL INDEX OF SHEETS SHEU I TITLE G-001 COVER SHEU ANO VICINITY MAP G-002 LIMITS OF CONSTRUCTION P-101 lURllE POINT PLAN VIEW ANO SURVEY P-102 TURllE POINT ELEVATIONS P-103 TURllE POINT CROS S-SECTIONS P-104 TURllE POINT FlLL AREA LATEST UPDATE 7/29/16 7/29/16 7/29/16 7/29/16 7/29/16 7/29/16 FLORIDA POWER AND LIGHT TURTLE POINT CANAL RESTORATION MIAMI-DADE COUNTY REV.
VICINITY MAP 0
0 TURTLE POINT CANAL, MIAMI-DADE COUNTY, FLORIDA 0
0 0
0 FLORIDA POWER AND LIGHT TURTLE POINT CANAL RESTORATION COVER SHEET AND VICINITY MAP
% TETRA TECH, INC.
759 SOUTH FlEOERAL HWY SUITE 314 STUART. FL 34994-2936 TEL: (n2) 781-3400 FAX: {772) 781-3411 CERTIFlCATE OF AUTHORIZATION l=PL MIAMI-DADE couNrv, FL0R1US Army Cotps of EPig iWeers, SAJ-20116-02462 ATLANTIC OCEAN NOT TO SCA!£ GULF OF MEXICO PROJECT LOCATION MIAMI-DADE COUNTY PROJECT LOCATION FOR PERMITTING ONLY NOT FOR CONSTRUCTION Designed by:
É0MAAEZ Chocked By:
Sheet
Reference:
Reviewed By:
G-001 Sheet 1 of 6 Scale:
I'S SHOWN Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 20 of 58
FPL.
TURTLE POINT CANAL RESTORATION LIMITS OF CONSTRUCTION
% TETRA TECH, INC.
759 SOUlH FEDERAL HWY SUITE 314 STUART, FL 34994-2936 m.: Cm\\ 1e1-3400 FAX: (nz 781-3411 CERTIFlC...
TE OF AUlHORIZATION MIAMl*DADE couNTY, FL0R1!U.S Army Cotps of El'\\'g ilffiers, SAJ-20116-02462 3/4-'°¿EZ Checked By:
Sheet
Reference:
Reviewt"d By:
G-002 i
Sheet 2 of 6 Scale:
AS SHOWN Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 21 of 58
N
- 1. ALL SURVEY DATA WAS PROVIDED BY FORD, ARMEllTEROS & FERNANDEZ, INC. AND SURVEYED ON 4/15/16.
- 2. ALL ELEVATIONS SHOWN HEREON ARE REFERENCED TO THE NORTH AMERICAN VERTlCAL DATUM OF 1988 (NAl/D 88).
- 3. THE SURFACES USED FOR ANALYSIS WERE DEVELOPED FROM THE LIMITED SURVEY DATA. WITH SOME ELEVATIONS INTERPOLATED BASED ON SURROUNDING SURVEY POINTS. CONTRACTOR IS RESPONSIBLE FOR DETERMINING ACTUAL Fill. VOLUMES REQUIRED FOR COMPLETlON OF THIS PROJECT.
- 4. A TURBIDITY CURTAIN SHALL BE UTILIZED TO PREVENT /W'f SUSPENDED MATERIAL FROt.I ESCAPING OUTSIDE OF THE CONSTRUCTION ZONE. THREE TEMPORARY PILES SHALL BE DRIVEN AT THE LOCATIONS SHOWN TO ANCHOR THE TURBIDITY CURTAIN.
0 120 240
- 5. CROSS-SECTIONS A-A THROUGH D-D ARE SHOWN ON SHEET P-103.
l=PL,.
Feet FLORIDA POWER AND LIGHT TURTLE POINT CANAL RESTORATION TURTLE POINT PLAN Vl'eil ANO SURVEY
% TETRA TECH, INC.
759 SOUTH FEDERAL HW'I SUITE 314 STUART, FL.34994--2936 m.; cn2) 781-3400 F>I<: (n2) 781-3411 CERTIFICATE OF AUTHORIZATION MIAMI-DADE couNrv, FLoR1ilS Army Cotps of EQcg tweers, SAJ-20116-02462 x
SURVEY POINT SURVEY BOUNDARY G----) CROSS-SECTION 0
TEMPORARY PILES TURBIDITY CURTAIN
--- APPROX. PROPERTY LINE FOR PERMITTING ONLY NOT FOR CONSTRUCTION Designed by:
a8fi=EZ Checked By:
Sheet
Reference:
Reviewed By:
P-101 Sheet 3 of 6 Scale:
AS SHOWN Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 22 of 58
N 0
120 240 Feet t!llIES;.
- 1. AU. SURVEY DATA WAS PROV10£0 BY FORD, ARl.IEKT£ROS & FERNANDEZ, INC. AND SURVEYED ON 4/15/16.
- 2. AU. ELEVATIONS SHOWN HEREON ARE REFERENCED TO THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVll 88).
J. THE SURFACES USED FOR ANALYSIS WERE OEVELOPED FROM THE LIMITED SURVEY DATA. WITH SOME ELEVATIONS INTERPOLATED BASED ON SURROUNDING SURVEY POINTS. CONTRACTOR IS RESPONSIBLE FOR DETERMINING ACTUAL FILL VOLUMES REQUIRED FOR COMPLETION Of THIS PROJECT.
- 4. THE RESTORATION PLAN INVOLVES FILLING THE FIRST THIRO Of THE TURTLE POINT CANAL TO EL.
I.OFT NAVll, THEN THE BASIN Will SLOPE DOWN (AT 311:1V SLOPf) 10 -7.0FT NAVO AU. THE WAY TO THE END Of THE CANAL FLORIDA POWER AND UGHiT TURTLE POINT CANAL RESTOAATION
% TETRA TECH, INC.
759 SOUTH FEDERAL HWY SUITE 314 TURTLE POINT ELEVATIO¿S STUART, fl 34994-2936 m.: cmi 1e1-34-0o FAX: (772) 761-3411 FPLÜ CERTIFICATE OF AUTHORIZATION MIAMl*DADE couNTY, FL0R1t!3AS Army Cotps of Ef\\<g Rers, SAJ-20116-02462 2
3 4
5 6
7 Minimum Ele\\IOUon Moxlmum ElevoUon
-2a'\\()3
-25.000
-25.000
-20.000
-20.000
-15.800
-15.800
-10.000
-10.000
-7.000
-7.000
-3.000
-3.000 1.000
.L.fWil1; SURVEY BOUNDARY APPROX. CANAL BOUNOARIES FOR PERMITTING ONLY NOT FOR CONSTRUCTION Oesi9ned by:
'."°'EZ Checked By:
Sheet
Reference:
Reviewed By:
P-1 02 Sheet 4 of 6 Scale:
AS SHOWN Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 23 of 58
10.00 0.00
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-10.00 s
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-20.00
-30.00
-35.00 Profile View of A-A
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5 7
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++00.00 5+00.00 6+00.00 7+00.00 8+00.00 9+00.00 10+00.00 11+00.00 12+00.00 K
j Cl Profile View of B-B Profile View of C-C m*ox. L.OCAnoN;-.,,.
Profile View of 0-0 l.AYClJT OF' l\\JRBIDITY LOCA llON OF BARRER CURTAtl RIP RAP BOULDERS 10.00 10.00 10.00 10.00 10.00 10.00 W * -0.0JFT MAW 0.00 0.00 0.00 MLW * *UST HAW 0.00 0.00
- -..... -- 0.00
- -7.0f'T NAV!l
-10.00
-10.00
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-10.00
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- II Q
- 1
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-20.00
-20.00
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-20.00 1\\JR PONT SURV£Y PROFILE
-30.001 eo110: : eASIRJ i
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-35.00 o+00.00 1 +00.00 2+00.00 3+00.00
++00.00 0+00.00 1 +00.00 2+o0.00 3+00.00 4+00.00 0+00.00 1 +DO.DO 2+00.00 3+00.00 4+00.00 lillIES:.
- 1. AU. SURVEY DATA W1'S PROVIDED frf FORD. ARMENTEROS &: FERNANDEZ. INC. AND SURVEYED ON 4/15/16.
- 2. AU. El.LVATlONS SHOWN HEREON ARE REFERENCED TO THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVO ee).
- 3. THE SURFACES USED FOR ANALYSIS WEP.E DEVELOPED FROM THE UMfTEO SURVEY DATA. WITH SOME ELEVATIONS INTERPOLATED BASED ON SURROUNDING SURVEY POINTS. CONTRACTOR IS RESPONSIBl.E FOR DETERMINING ACTUAL FlLl VOLUMES REQUIRED FOR COl.1PLETION OF THIS PROJECT.
- 4. RESTORATION PLAN: ONE-THIRD OF TURTlE POINT CANAL Will 6E FIUED TO EL. 1.0FT NAVO. THEN THE BASIN Will SLOPE DOWN (AT JH:1V SLOPE) TO -7.0FT NAVO DOWN TO THE ENO OF THE CANAL
- 5. APPROXlllATE All VOLUME TO RESTORE CANAL! 57,000 C.Y. OVER AN AREA OF 2.1 ACRES (NOTE: VOLUMES INCLUDE AN AOomorw. 25% OF MATERIAL TO ACCOUNT FOR INADVERTENT LOSS OF MATERIAL). TWO TYPES OF Fill Will BE USED:
5.1. FlLl TYPE "A": CALCIUM CARBONATE COAASE GRAIN SANO WITH A GRAIN SIZE OF L£SS THAN 5" PASSING THROUGH A RANGE #+ TO #200 SIEVE IS UTILIZED FOR THE FILL TYPE 0A" Flll QUANTTTY IS 39.900 CY IN lAYER +1FT TO -15.8FT NAVO TO OPENING AT BISCAYNE BAY.
5.2. Flll TYPE "E": CALCIUM CARBONATE COARSE GRAIN SAND WITH A GRAIN SIZE Of LESS THAN 10ll: PASSING THROUGH A RANGE 12 INCH TO #200 SIEVE IS UTlUZEO FOR THE FILL TYPE "E" Fill QUANTITY IS 17, 1 OD CY IN lAYER -15.8FT NAVO TO CANAL BOTTOM FULL LENGTH Of CANAL J.&E!IJl; IIIilIIl TYPE "A" Fill TYPE "E" Fill LOCATION OF RIP RAP
- 1.
APPROX. LOCATION Of TEMPORARY PL.ES F'OR l\\JRSIDITY CURTAtl (TYP.)
0 200 400 HORIZONTAL SCALE: 1" = 200' VERTICAL EXAGGERATION: 6.0 VERTICAL SCALE: 1" = 33.3' Feet
FLORIDA POWER AND UGHiT TURTLE POINT CANAL RESTORA.TION TURTLE POINT FILL CROss.sECTIONS
% TETRA TECH, INC.
759 SOUTH FEDERAL HWY SUITE 314 STUART. FL 34994-2936 TEL: cm> 781-3400 F/1¥; (nzJ m-J411 CERTIFICATE OF AUTHORIZATION M1AMl*DADE couNTY, FLoR11/4S Army Cotps of Ef\\cgRers, SAJ-20116-02462
- gned by
W0MM11/2EZ Checked By:
Sheet
Reference:
Reviewed By:
P-103 Sheet 5 of 6 Scale:
A S SHOWN Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 24 of 58
N 0
120 240 Feet t:IQIES:.
- 1. Al..!. SURVEY DATA WAS PROVIDED BY FORD, ARMENTEROS & FERw-NDEZ. INC. AND SURVEYED ON 4/15/16.
- 2. Al..!. ELEVATIONS SHOWN HEREON ARE REFERENCED TO THE NORTH AMERICAN VERTICAL DATUM OF 1966 (NAVO 88).
J. THE SURFACES USED FOR ANALYSIS WERE DEVELOPED FROM THE LIMITED SURVEY DATA, WITH SOME ELEVATIONS INTERPOLATED BASED ON SURROUNDING SURVEY POINTS. CONTRACTOR IS RESPONSIBLE FOR DETERMINING ACTUAL FILL VOLUMES REQUIRED FOR COMPLETION OF THIS PROJECT.
- 4. RESTORATION Pl.Ml: ONE-THIRD Of TURTLE POINT CANAL WILL BE FILLED TO EL 1.0FT NAVO, THEN THE BASIN WILL SLOPE DOWN (AT 3H:1V SLOPE) TO -7.0FT NAVO DOWN TO THE ENO OF THE CANAL
- 5. APPROXIMATE FILL VOLUME TO RESTORE CANAL: 57,000 C.Y. OVER AN AREA OF 2.1 ACRES (NOTE: VOLUMES INCLUDE AN AODmONAL 25% OF MATERIAL TO ACCOUNT FOR INADVERTENT LOSS OF MATERIAL). TWO TYPES OF FILL WILL BE USED:
5.1. FILL TYPE *A': CALCIUM CARBONATE COARSE GRAIN SANO WITH A GRAIN SIZE OF LESS THAN 5% PASSING THROUGH A RANGE #4 TO #200 SIEVE IS UTILIZED FOR THE FILL TYPE "1>." FILL OUANTJTY IS 39,900 CY IN LAYER + 1 FT TO
-15.SFT NAVO TO OPENING AT BISCAYNE BAY.
5.2. FILL TYPE 'E": CALCIUM CARBONATE COARSE GRAIN SANO WITH A GRAIN SIZE OF LESS THAN 10% PASSING THROUGH A RANGE I Z INCH TO 1200 SIEVE IS UTILIZED FOR THE FILL TYPE "E" FILL QUANTITY IS 17.100 CY IN LAYER -15.BFT NAVO TO CANAL BOTTOl.I FULL LENGTH OF CANAL
FLORIDA POWER AND LIGHiT TURTLE POINT CANAL RESTORATION
% TETRA TECH, INC.
759 SOUTH FEDERAL HWY S UITE 314 TURTLE POINT FUAREA STUART, FL 34994-2936 TEL: Cm\\ 781-3400 FAX: (nz 761-3411 FPLa CERTIFICATE OF AUTHORIZATION MIAMl*DADE couNTY, FL0R11/4S Army Cotps of Efl'g ilffiers, SAJ-20116-02462 l..EWl2; SURVEY BOUNDARY APPROX. CANAL BOUNDARIES 1.0FT NAVO ALL AREA c:::J
-7.0FT NAVO FILL AP.EA c::J EXISTING GROUND ELEVATION LOCATION Of RIP RAP FOR PERMITTING ONLY NOT FOR CONSTRUCTION Oesiqned by:
'."'El Checked By:
Sheet
Reference:
Reviewed By:
P-104 Sheet 6 of 6 Scale:
AS SHOWN Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 25 of 58
Florida Department of Environmental Protection Rick Scott Governor SOUTHEAST DISTRICT OFFICE 3301 GUN CLUB ROAD, MSC 7210-1 WEST PALM BEACH, FL 33406 561-681-6600 Carlos Lopez-Cantera Lt. Governor Permittee/Authorized Entity:
Florida Power and Light Jonathan P. Steverson Secretary c/o Matthew Raffenberg, Senior Director Environmental Services 700 Universe Blvd. JB/JES Juno Beach, FL 33408 Email: Matthew.raffenberg@fpl.com Project Name:
FPL Turkey Point/Turtle Point & Barge Canal Restoration Authorized Agent:
Tetra Tech, Inc.
c/o Georgia Vince, Project Manager Phone: (772) 78 1 -344 1 ; Email: Georgia.vince@tetratech.com Compliance Project Manager:
Christian White, Environmental Specialist II Phone: (561) 68 1 -6656; Email: Christian.N.White@dep.state.fl.us Environmental Resource Permit - Granted State-owned Submerged Lands Authorization - Granted U.S. Army Corps of Engineers Authorization - Separate Corps Authorization Required Permit No. : 1 3-0 1275 12-0 1 3 Permit Issuance Date: September 21, 2016 Permit Construction Phase Expiration Date: September 20, 2021 www. dep. state. fl. us Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 26 of 58
Consolidated Environmental Resource Permit and State-owned Submerged Lands Authorization Permittee/Grantee: FPL Turkey Point Permit No.: 1 3-0 1275 12-0 1 3 PROJECT LOCATION The activities authorized by this Permit and state-owned submerged lands authorization are located within wetlands and Biscayne Bay, within the Biscayne Bay Aquatic Preserve, Outstanding Florida Waters, Class I/III Waters, adjacent to 9760 SW 344 St., Homestead (Section 34, Township 57 South, Range 60 East), in Miami-Dade County (Latitude N 25° 25' 09.00", Longitude W 80 1 9' 42.00").
PROJECT DESCRIPTION The permittee is authorized to conduct the following activities in order to improve the hydrology, water quality and fringe habitat within 1.9 acres of remnant canal and 5.6 acres of the active barge basin adjacent to FPL Turkey Point Cooling Canal System (CCS) and Biscayne Bay by:
(1) restoring the remnant Turtle Point Canal (TPC) by filling it to specified elevation and planting a portion of the restored canal with red mangroves; and (2) restoring the Barge Canal (BC) by filling it to a specified elevation. The project involves work within 7.5 acres of surface waters.
The submerged bottom at the Turtle Point Canal project site consists of barren mud and detritus with no submerged aquatic vegetative cover. Sediments outside the canal consist of a calcareous mixture of silt, sand and shell fragments. Mangroves occur along the three banks of the Turtle Point Canal, are not located within the project boundaries; therefore, this permit does not authorize impacts to these resources. All existing mangroves will be avoided. The backfilling shall not cause erosion or shoaling as this area does not have a large tidal range and minimal current.
The permittee shall restore mangrove habitat within the Turtle Point Canal by planting 0.35 acres (1 5,449 ft.2) of mangroves within the canal. The mangrove planting area will be graded flat to an elevation of 0.73 ft. to 0.93 ft. NAVD. Approximately 1,725 red mangrove plants with a minimum height of 1 8 in. shall be planted on 5 ft. centers.
The Barge Canal project site consists of a hardened shoreline basin with a submerged bottom of barren mud and detritus with no submerged aquatic vegetative cover. Sediments outside the barge canal consist of a calcareous mixture of silt, sand, shell fragments and organic material. Mature mangroves occur along a portion of the Barge Canal shoreline. Staging areas are available near the project site; fill material shall be delivered via truck directly to the staging area along existing roads.
Accessing the remnant canal and barge canal from the land side, with the exception of the construction barge with excavator to be mobilized to the canals, shall minimize barge traffic compared to a water-based operation and therefore avoids impacts from prop dredging, vessel groundings, and any potential strikes to protected marine species.
The attached standard manatee conditions (version 20 1 1) shall be adhered to during all in-water work. Prior to construction commencement, weighted floating turbidity cm1ains will enclose the mouth of the Barge Canal, extending to within one-foot from the submerged bottom shall be utilized around the project area to ensure that any turbidity resulting from construction activities will be contained within the project boundaries. All water bodies, including any adjacent Permittee/Grantee: Florida Power & Light Company Permit No.: 1 3-0 1 275 1 2-0 1 3 Page 2 of 1 5 Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 27 of 58
submerged aquatic vegetation outside the specific limits of construction authorized by this permit shall be protected from erosion, siltation, sedimentation, and/or scouring. Additionally, curtains shall have a 3-ft. barrier above the water line to inhibit manatees from entering the fill zone. They shall be manufactured of entanglement-free material safe to use in the presence of marine mammals, sea turtles, and other marine fauna.
AUTHORIZATIONS Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit.
Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.).
Sovereignty Submerged Lands Authorization The activity is located on sovereignty submerged lands owned by the State of Florida. It therefore also requires authorization from the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), pursuant to Article X, Section 1 1 of the Florida Constitution, and Section 253.77, F.S., and Chapter 258, F.S.
As staff to the Board of Trustees under Sections 253.002, F.S., the Department has determined that the activity qualifies for and requires a Letter of Consent, as long as the work performed is located within the boundaries as described and is consistent with the terms and conditions herein.
During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient upland interest as required by paragraph l 8-2 l.004(3)(b ), Florida Administrative Code. If such interest is terminated or the Board of Trustees determines that such interest did not exist on the date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board of Trustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you agree not to assert a claim or defense against the Board of Trustees arising out of this Letter of Consent.
Federal Authorization Your proposed activity as outlined on your notice and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a separate permit or authorization may be required from the Corps. A copy of your permit application has been forwarded to the Corps for their review. The Corps will issue their authorization directly to you or contact you if additional information is needed. If you have not heard from the Corps within 30 days from the date your application was received at the local FDEP Office, contact the Corps at the Miami Regulatory Field Office at (305) 526-7 1 8 1, for status and further information. Failure to obtain Corps authorization prior to construction could subject you to federal enforcement action by that agency.
Authority for review - an agreement with the USACOE entitled "Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit,
Section 1 0 of the Rivers and Harbor Act of 1 899, and Section 404 of the Clean Water Act.
Coastal Zone Management Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act.
Permittee/Grantee: Florida Power & Light Company Permit No.: 1 3-01 275 1 2-0 1 3 Page 3 of 1 5 Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 28 of 58
Water Quality Certification This permit also constitutes a water quality ce1tification under Section 40 1 of the Clean Water Act, 33 U.S.C. 1 34 1.
Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state, regional, or local entities including but not limited to local governments or municipalities.
This permit does not relieve you from the requirements to obtain all other required permits or authorizations.
The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will be granted by the Department.
PERMIT/SOVEREIGNTY SUBMERGED LANDS CONDITIONS The activities described must be conducted in accordance with:
The Specific Conditions The General Conditions The Special Consent Conditions The General Conditions for Sovereignty Submerged Lands Authorization X The limits, conditions and locations of work shown in the attached drawings The term limits of this authorization You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action.
Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit and sovereignty submerged lands authorization, as described.
SPECIFIC CONDITIONS-PROJECT FORMS & ATTACHMENTS (1)
The attached I -page permit checklist; the attached project drawings (sheets 1 through 1 1); Exhibit A Project Narrative, the Standard Manatee Conditions for In-Water Work, 20 i *1,
which can be downloaded at can be downloaded at http://myfwc.com/media/4 1 5448/Manatee StdCondln waterWork.pdf; and DEP forms62-330.3 1 0( 1);62-330.3 1 0(2);62-330.340(1); and 62-330.350(1), which may be downloaded at http://www.dep.state.fl.us/water/wetlands/erp/forms.htm become pa1t of this permit.
If the permittee does not have access to the Internet, please contact'the Department at (56 1) 68 1 -6600 to request the aforementioned forms and/or document(s).
SPECIFIC CONDITIONS - PRIOR TO CONSTRUCTION Permittee/Grantee: Florida Power & Light Company Permit No.: 1 3-0 1 275 1 2-0 1 3 Page 4 of 1 5 Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 29 of 58
(2)
After selection of the contractor to perform the authorized activities and prior to the initiation of any work authorized by this permit, the permittee (or authorized agent) and the contractor shall attend a pre-construction conference with a representative of the Department. It shall be the responsibility of the permittee to contact this project's Compliance Project Manager, Christian White by email Christian.N.White@dep.state.fl.us, or by phone (56 1) 68 1 -6656, to schedule the pre-construction conference. If the assigned Compliance Project Manager cannot be reached, the permittee shall contact the ERP Program Compliance/Enforcement section by phone (56 1) 68 1 -6600, to schedule the pre-construction conference.
SPECIFIC CONDITIONS - CONSTRUCTION & RESTORATION ACTIVITIES (3)
All staging areas used for storage and stockpiling of construction materials shall be limited to construction barges, uplands, within the authorized impact areas. During construction activities, the permittee shall utilize existing fill roads for regular ingress and egress. These areas shall be designed and maintained in a manner that prevents turbid discharges into adjacent wetlands or surface waters.
(4)
All existing mangroves occurring along the canal banks and adjacent wetlands shall be avoided during construction activities; therefore, this permit does not authorize impacts to these resources.
(5)
The permittee shall restore mangrove habitat within the Turtle Point Canal by planting an approximately 0.35 acres (1 5,449 ft.2) of the filled canal. The mangrove planting area will be graded flat to an elevation of +0. 73 ft. to +0.93 ft. NA VD at a 3 : 1 slope below the water line and no greater than a 2: 1 slope for the limestone above the mean low water line.
(6)
The mangrove restoration area shall consist of the planting of 1,725 red mangrove plants with a minimum height of 1 8 in. planted 5-ft. on center.
SPECIFIC CONDITIONS - TURBIDITY MONITORING/REPORTING REQUIREMENTS (7)
During all fill placement activities, turbidity curtains and/or other barriers shall enclose the north shoreline and mouth of the Turtle Point Canal and be maintained to minimize potential siltation and turbidity of surrounding mangrove and seagrass communities, as described in the attached restoration narrative.
(8)
Turbidity cmtains shall extend to the canal bottoms with a 3 foot barrier above the water line are to be securely anchored to 1 2 inch diameter or greater piles that are temporarily placed across the mouths of both canals. The barrier design has been proposed for turbidity control and also as a means to exclude manatees from the fill areas.
(9) i\\frbidity levels outside the construction area shall not* exceed 0 NTU's above ambient levels. The following measures shall be taken immediately by the permittee whenever turbidity levels within waters of the State surrounding the project site exceed ambient turbidity levels of the surrounding Outstanding Florida Waters:
- a.
Notify the Department at (56 1) 681 -6656 at the time the violation is first detected.
- b.
Immediately cease all work contributing to the water quality violation.
Permittee/Grantee: Florida Power & Light Company Permit No. : 1 3-0 1 275 1 2-0 1 3 Page 5 of 1 5 Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 30 of 58
- c.
Stabilize all exposed soils contributing to the violation. Modify the work procedures that were responsible for the violation, install more turbidity containment devices, and repair any non-functional turbidity containment devices.
- d.
Perform turbidity monitoring.
- e.
Resume construction activities once turbidity levels outside turbidity curtains fall below background levels.
( 1 0)
Water turbidity levels shall be monitored and recorded at least every 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> during construction activities and upon the occurrence of other circumstances that might create water quality violations on site. Samples shall be taken one foot above the bottom, mid-depth, and one foot below the surface at monitoring stations located as follows:
- a.
Approximately 1 00 feet up-current of the work sites and clearly outside the influence of construction activities. (This shall serve as the natural background sample against which other turbidity readings shall be compared.)
- b.
Directly outside the turbidity curtains surrounding the work sites and within the densest p01iion of any visible turbidity plume. (This sample shall serve as the compliance sample.)
(1 1 )
During construction activities, the permittee or permittee's contractor shall collect the following turbidity monitoring data at the frequency and water depths directed by the Specific Condition above:
- a.
Date and time of sampling event
- b.
Turbidity sampling results (background NTUs, compliance NTUs, and the difference between them)
- c.
Description of data collection methods
- d.
An aerial map indicating the sampling locations
- e.
Depth of sample(s)
- f.
Weather conditions at times of sampling
- g.
Tidal stage and direction of flow Data shall be collected in a turbidity log and shall include a statement by the individual responsible for implementation of the sampling program attesting to the authenticity, precision, limits of detection, and accuracy of the data. The turbidity log shall be scanned and sent on a weekly basis to the Department's Compliance Project
- Manager, Christian
- White, by email at Christian.N.White@dep.state.fl.us. The subject line of the email shall include the project name, permit number, and the title "Turbidity Monitoring Reports."
SPECIFIC CONDITIONS - POST-CONSTRUCTION ACTIVITIES (12)
Restoration activities shall consist of material staging, sediment placement, grading, shoreline stabilization, and mangrove planting as described in the attached restoration plans and shown on the.attached exhibits and sketch drawings. All staging areas shall be returned to pre project conditions following project completion, including final cleanup notification to the Depaiiment provided by a FPL representative.
( 1 3)
The permittee shall submit a ce1iified as-built survey of all canal restoration areas and mangrove planting area to the Department for review within 2 weeks of achieving final grades Permittee/Grantee: Florida Power & Light Company Permit No.: 13-0 1 275 1 2-0 1 3 Page 6 of 1 5 Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 31 of 58
and prior to mangrove plantings. The Department will review the survey to assess if grading is in compliance with the permitted drawings. The Department will notify the permittee to proceed with planting upon review of the survey and if it is in compliance. Planting shall commence within 1 0 days upon Department's notification. The Department's notification to proceed does not constitute a finding by the Department the restoration plantings will meet the success criteria. The survey shall include the following for each canal restoration and planting area:
- a. Surface area (total square footage or acreage of each canal restoration area): AND
- b. Locations and elevations for each permanent benchmark; OR
- c. Topographic survey on one-foot vertical intervals based on a 50 ft. grid.
SPECIFIC CONDITIONS - MANATEE CONDITIONS & ENDANGERED/THREATENED SPECIES
( 1 8)
The Standard Manatee Construction Conditions for In-water Work (20 1 1) must be followed for all in-water activity.
( 1 9)
While filling and enclosing the canal, as well as enclosing the canal fill areas with turbidity curtains, it is important to ensure that manatees do not become entrapped during the curtain installation or gain access after the curtains have been installed and before filling work has been completed. In order to reduce potential risks to manatees during these activities, the following conservation measures shall be implemented:
- a. At least one observer shall be onsite at all times and dedicated to the task of watching for manatees during the in-water construction work associated with the canal. Observers must have prior on-the-job experience as a dedicated manatee observer during previous dredging operations.
- b. Final closure of the barrier across the mouth of the Turtle Point and Barge Canals shall be completed only after a dedicated observer confirms that no manatees will be trapped in the area to be filled. If a manatee becomes entrapped behind the barrier, the area shall be opened up to allow the manatee to leave of its own volition. It shall not be herded or harassed into leaving the area. If there are issues with the manatee not leaving the area, or if a manatee becomes entangled, report this immediately to the Florida Fish and Wildlife Conservation Commission (FWC)
Hotline at 1-888-404-3922, and to FWC at ImperiledSpecies@myFWC.com.
- c. Backfilling shall begin at the end of the basin, moving waterward, and must not be performed after dusk or before dawn, when the possibility of spotting manatees is negligible.
(20)
Endangered and threatened species trammg shall be provided to all construction personnel. Manatee observers shall be stationed on-site during all in-water constructi.on activities.
The following measures shall be observed to reduce potential nesting impact during construction:
- a. Conduct construction activities outside of the breeding season (generally April through August), if feasible, Permittee/Grantee: Florida Power & Light Company Permit No. : 13-0 1 275 1 2-0 1 3 Page 7 of 1 5 Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 32 of 58
- b. Clear the site only when ready to build,
- c. Avoid leaving cleared areas with little to no activity for an extended amount of time, and
- d. Monitor daily during the nesting season any cleared sites to ensure no active nests of ground nesting birds are present prior to the commencement of construction activities.
If nesting on the project site is observed, contact FWC staff to discuss necessary nest buffers and potential permitting alternatives. Please refer to FWC's Florida Shorebird Alliance located at the following web address: http://www.flshorebirdalliance.org/.
(21 )
Presence of the American Crocodile ( Crocodylus acutus) has also been documented within the Turtle Point Canal. The American Crocodile is listed as a Federally Threatened species.
The FFWCC recommends the applicant coordinate with U.S. Fish and Wildlife Service (USFWS)
South Florida Ecological Services Office (ESO) as necessary for information regarding potential impacts to this species. The USFWS South Florida ESO can be contacted at (772) 562-3909.
GENERAL CONDITIONS FOR INDIVIDUAL PERMITS The following general conditions are binding on all individual permits issued under chapter 62-330, F.A.C., except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project-specific conditions.
(1)
All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.3 1 5, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.
(2)
A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction.
(3)
Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Depatiment of Environmental Protection and Florida Depaiiment of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Depatiment of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit.
( 4)
At least 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice,
[October 1, 20 1 3], which is incorporated by reference in paragraph 62-330.350(1)(d), F.A.C.,
indicating the expected staii and completion dates. A copy of this form may be obtained from the Permittee/Grantee: Florida Power & Light Company Permit No. : 1 3-0 1 275 1 2-0 1 3 Page 8 of 1 5 Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 33 of 58
Agency, as described in subsection 62-330.0 1 0(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form.
(5)
Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.3 1 0, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity.
(6)
Within 30 days after completing construction of the entire project, or any independent p01tion of the project, the permittee shall provide the following to the Agency, as applicable:
- a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex -
"Construction Completion and Inspection Certification for Activities Associated With a Private Single-Family Dwelling Unit" [Form 62-330.3 1 0(3)]; or
- b. For all other activities - "As-Built Certification and Request for Conversion to Operational Phase"
[Form 62-330.3 1 0(1)].
- c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form.
(7)
If the final operation and maintenance entity is a third party:
- a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as-built ce1tification, whichever comes first, the pe1mittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the Depaitment of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Comt in the County in which the activity is located.
- b. Within 30 days of submittal of the as-built ce1tification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62-330.3 1 0(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form.
(8)
The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes.
(9)
This permit does not:
- a. Convey to the permittee any prope1ty rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.;
- b. Convey to the permittee or create in the permittee any interest in real prope1ty;
- c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or
- d.
Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee.
( l 0)
Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S.
Pennittee/Grantee: Florida Power & Light Company Permit No. : 13-0 1 275 1 2-0 1 3 Page 9 o f 1 5 Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 34 of 58
Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed.
( 1 1)
The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit.
(12)
The permittee shall notify the Agency in writing:
- a.
Immediately if any previously submitted information is discovered to be inaccurate; and
- b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase.
(13)
Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure confo1mity with the plans and specifications authorized in the permit.
(14)
If any prehistoric or historic artifacts, such as potte1y or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Depa1tment of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S.
( 1 5)
Any delineation of the extent of a wetland or other smface water submitted as pa1t of the permit application, including plans or other supp01ting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.20 1,
F.A.C., provides otherwise.
( 16)
The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C.,
or cause violations of state water quality standards.
(17)
This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result; the Agency will require the permittee to eliminate the cause, obtain any necessaty permit modification, and take any necessary corrective actions to resolve the adverse impacts.
Permittee/Grantee: Florida Power & Light Company Permit No. : 1 3-01 275 12-0 1 3 Page 1 0 of 1 5 Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 35 of 58
(18)
A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property.
SPECIAL CONSENT CONDITIONS 1 ) The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant's use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization.
- 2) Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision.
- 3) Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thi1ty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization.
- 4) All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective.
- 5) This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity.
GENERAL CONDITIONS AUTHORIZATION FOR SOVEREIGNTY SUBMERGED LANDS Any use of sovereignty submerged lands is subject to the following general conditions are binding upon the applicant and are enforceable under Chapter 253, F.S. and Chapter 258, F.S.
(1)
Sovereignty submerged lands may be used only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use will constitute a violation. Violation of the authorization will result in suspension or revocation of the applicant's use of the sovereignty submerged lands unless cured to the satisfaction of the Board of Trustees.
(2)
Authorization under Rule 1 8-2 1.005, F.A.C., conveys no title to sovereignty submerged lands or water column, nor does it constitute recognition or acknowledgment of any other person's title to such land or water.
Permittee/Grantee: Florida Power & Light Company Permit No.: 1 3-0 1 275 1 2-0 1 3 Page 1 1 of 1 5 Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 36 of 58
(3)
Authorizations under Rule 1 8-2 1.005, F.A.C., may be modified, suspended or revoked in accordance with its terms or the remedies provided in Sections 253.04, F.S. and Chapter 1 8-14, F.A.C.
(4)
Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources.
(5)
Construction, use, or operation of the structure or activity will not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C.
(6)
Structures or activities will not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity will be modified in accordance with the court's decision.
(7)
Structures or activities will not create a navigational hazard.
(8)
Structures will be maintained in a functional condition and will be repaired or removed if they become dilapidated to such an extent that they are no longer functional.
(9)
Structures or activities will be constructed, operated, and maintained solely for water dependent purposes
( 1 0)
The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant's use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization.
( 1 1)
Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision.
( 1 2)
Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns.
Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocatibn of this authorization.
( 13)
All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by Permittee/Grantee: Florida Power & Light Company Permit No. : 1 3-0 1 275 1 2-0 1 3 Page 12 of 1 5 Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 37 of 58
ce1tified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective.
(14)
This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity.
NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 1 20.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department.
Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application.
Petition for Administrative Hearing A person whose substantial interests are affected by the Depaiiment's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-1 06.20 1, F.A.C., a petition for an administrative hearing must contain the following information:
(a)
The name and address of each agency affected and each agency's file or identification number, if known; (b)
The name, address, any email address, any facsimile number, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination;
( c)
A statement of when and how the petitioner received notice of the agency decision;
( d)
A statement of all disputed issues of material fact. If there are none, the petition must so indicate;
( e)
A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f)
A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g)
A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.
Time Period for Filing a Petition In accordance with Rule 62-1 1 0. 1 06(3), F.A.C., pet1t1ons for an administrative hearing by the applicant must be filed within 1 4 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 1 20.60(3), F.S., must be filed within 14 days of publication of the notice or within 1 4 days of Permittee/Grantee: Florida Power & Light Company Pennit No.: 1 3-0 1 275 1 2-0 1 3 Page 1 3 of 1 5 Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 38 of 58
receipt of the written notice, whichever occurs first. Under Section 1 20.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 1 4 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another patty) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-1 06.205, F.A.C.
Extension of Time Under Rule 62-1 1 0. 1 06(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time.
Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing.
A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.
Mediation Mediation is not available in this proceeding.
FLAWAC Review The applicant, or any patty within the meaning of Section 373. l 14(l)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373. 1 1 4(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department.
Judicial Review Once this decision becomes final, any patty to this action has the right to seek judicial review pursuant to Section 1 20.68, F.S., by filing a Notice of Appeal pursuant to Rules 9. 1 1 0 and 9. 1 90, Florida Rules of Appellate Procedure, with the Clerk of the Depattment in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Depaitment.
Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 1 20.68, F.S., by filing a Notice of Appeal pursuant to Rules 9. 1 1 0 and 9. 1 90, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department.
Executed in Palm Beach County, Florida.
Permittee/Grantee: Florida Power & Light Company Permit No.: 1 3-01275 1 2-0 1 3 Page 14 of 1 5 Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 39 of 58
Attachments:
Permit checklist, 1 page Project Drawings and Design Specs., 1 1 pages Exhibit A - Restoration Plan Narrative 52 pages STA TE OF FLORIDA DEPARTMENT OF ENVI PROTECTION iane Pupa Permitting Program Southeast District Standard Manatee Conditions for In-Water Work, 201 1, can be downloaded at http://myfwc.com/media/4 l 5448/Manatee StdCondln waterWork.pdf As-built Certification and Request for Conversion to Operational Phase Form 62-330.3 1 0(1 )*
Request for Transfer to the Perpetual Operation Entity Form 62-330.3 1 0(2)*
Request to Transfer Permit Form 62-330.340(1)*
Commencement Notice Form 62-330.350(1)*
- Can be downloaded at: http://www.dep.state.fl.us/water/wetlands/erp/fmms.htm Copies furnished to:
FDEP - Monica Sovacool, Cindy Lott, Christian White, Eric Buck Rosalinda Rodriguez, USACOE-Miami-Dade, Rosalinda.Rodriguez@usace.arrny.mil Lisa Spadafina, Miami-Dade County RER, spadaL2@miamidade.gov Kellie Youmans, FFWCC-Bureau of lmperiled Species Management, kellie.youmans@myfwc.com Ashleigh Blackford, U.S. Fish and Wildlife Service (USFWS) South Florida Ecological Services Office (ESO) Ashleigh blackford@fws.gov Georgia Vince, Project Manager, Tetra Tech, Inc., Georgia.vince@tetratech.com FILING AND ACKNOWLEDGMENT FILED, on this date, under 120.52(7) of the Florida Statutes, with the designated Department Clerk, receipt o hie is hereby acknowledged.
9-2 1 - 1 6 Date Permittee/Grantee: Florida Power & Light Company Permit No. : 1 3-0 1 275 1 2-0 1 3 Page 1 5 of 1 5 Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 40 of 58
STAN DARD MANATEE CONDITIONS FOR IN-WATER WORK 201 1 The permittee shall comply with the following cond itions intended to protect manatees from direct project effects:
- a.
All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.
- b.
All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.
- c.
Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement.
d.
All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation.
Animals must not be herded away or harassed into leaving.
- e.
Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1 -888-404-3922. Collision and/or injury should also be reported to the U. S.
Fish and Wildlife Service in Jacksonville (1 -904-731 -3336) for north Florida o r Vero Beach (1 -772-562-3909) for south
- Florida, and to FWC at l mperiledSpecies@myFWC.com
- f.
Temporary signs concerning manatees shall be posted prior to and d uring all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com/manatee). One sign which reads Caution: Boaters must be posted. A sec'ond sign measuring at least 8 1 /2" by 1 1 " explaining )he req uirements for "Idle Speed/No Wake" and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. Questions concerning these signs can be sent to the email address listed above.
www. dep. state. fl. us Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 41 of 58
SHED" '
C-001 lr-002 P-101 P-102 P-103 P-10.
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CIMl< SliEET - "ICMIY -
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Reference:
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TURTL.E POINT CANAL RESTORATION UMITS Of CONSTRl..C!Dj FPL.
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FLORIDA POWER AND LIGHT BARGE SLIP CANAL RESTORATION
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BARGE SUP CANAL RESTORA'IJON LIMITS Of COllSTRl.C'IUj l=PL.
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HORIZONTAL SCALE: 1 " = 240' VERTICAL EXAGGERATION: 6.0 VERTICAL SCALE: 1" = 40' Feet
÷.2. FU. TYPE 'E": CAI.CUI TE co.RSE SN() Wf1H A GltOIN SIZ£ or LESS THAN 10:I PASSINC TliROUCH A IWIGE I 2 IHClf 'TO f200 SIE'<E IS UTUZED FOR THE flL TYPE "E" FU. QlWl1T1Y IS 55,ng cY IN LAYER -22FT NA1ID TO CANOI. BOITOM Fill LDICIH Of CNW..
'* Al'PROX.W.TE MlfA Of BASIN TO BE fl.I.ED -,,a llCR£S
FOR P ERMITTING ONLY NOT FOR CONSTRUCTION FPL FLORIDA POWER AND LIGHT TURTI.E POINT CANAL RESTORATION
!lARGE SUP All. Cl!OSS.sECTlO!I MIAMI-DADE COUNTY, FLORJOA
- TETRA TECH, INC.
759 SOUlli FEDERAL HWY SUTE JI+
ST\\JIJIT, FL :u99+-2936 m.: cm> m-3400 r.ox: tmJ 7llt-:1+1 1 C£R11ACATE OF AUTHORIZATION NO. 24211 by.
r"'MZlEZ O..Ckeel Ely.
By:
J Scok:
SHOWN St
Reference:
P-1 02 Sh.et 4' of Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 51 of 58
N t
0 250 500 Feet
- 1. loll. SOR.tY OlllA *5 Pf!CMJell ll'f FtJRD. I: IC. Niil SU!\\IOEll ON 4/1,/lS.
- 2. loll. EU.VATIONS - l£llElN -. REFa19CED lO 1HC NOlfTH AlllJ!ON VER11CAL llo\\l\\M Of 1 sell ( 811).
J. 1IE: SURF.IC!:S U5lD F NW.YSIS 1ERE OC\\n.!J'Cl FllOW 1HC L.ulED 5lRYEY OOA. WITH SOME INTEJIPOIATEO llASlD ON SURROLIO<C SURICY l'QMS. COllTR.OCTOll IS RCiPONSlll£ FOR OE1ERlolNt<C AC1lW.. FU
>O..lJIES AEllURED FtR CCMPLE110N Of MS Jl'l!O.ECT.
- 4. APl'ROXMlTE Fll \\'OUM( TO Rc;TO!ft: - Ill -IS.OFT NAVO
- 124,000 C.Y. (NOTE: VOLUMES INCUJlE N<.ollllTIOIW.
z's Of....__ lO JICClUHI" RlR LOSS Of W.TOML 1WO ES Of FU. lllU. IE USED:
4.1. FU T1PE "A": C<LDJll CAallONlTE COIJIS[ CRMI SMC> Ill' A CRAIH sm: Of LESS 1llAN - P.ossH; lMAOOQ4 A A.IHCE f4 TO l'21JO SIEVE IS llW..IZEll FOR TH£ FIL T'l1'E "A" FU QUNITTIY IS 1511.17' CY IH LAYER -22fi 10
-1 !ITT Ii'.\\() FUU. l.DIC1M Of 3 4.2. FU T'rPE 'r: CM..ClJl CMtlOl"'TE CCI.IRS[ """" SN<D Wlll1 A CRAii SIZE Of LESS TlWI 1 OS f>.-SSNC TlllOUCl A IWllE 12 NCH TO 1200 Sll'¥E IS l.ITTJZED FOR 1IE: FU. TYPE 'l FU TlTY IS 55,779 CY N lA"!!R -21FT HAI() TO CAN.Al. 80T\\'oM FUU. l.DtClli Of C>>W..
"TETRA CH, INC.
7'9 SOJ1l< FEDERA HWY SUT£ Ju BARGE SUP aevA Tl(Ml FPL MIAMI-DADE COUNTY, FLORIOA y J4'J94-29J6 711-:l<OO 7111-34 1 1 CERnflCATE Of Alll10Rl2ATION NO. 2'42SI Willlt SURVEY BOU
/>PPR01.. FU ewHlllRY FOR PERMITTING ONLY NOT FOR CONSTRUCTION O.s19ned by:
r.}tE2 Oltickcd By.
Shoet Rof orenco:
R4-W*- 8):
P-1 03 Sh.e9t 5 or 5 Sea.le::
AS SHOWN j
Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 52 of 58 STANDARD MANATEE CONDITIONS FOR IN-WATER WORK 201 1 The permittee shall comply with the following conditions intended to protect manatees from direct project effects:
- a.
All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.
- b.
All vessels associated with the construction project shall operate at "I dle Speed/No Wake" at all times while in the i mmediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.
- c.
Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entang lement or entrapment. Barriers must not impede manatee movement.
d.
All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving.
- e.
Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Comm ission (FWC) Hotline at 1 -888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville ( 1 -904-731 -3336) for north Florida or Vero Beach (1 -772-562-3909) for south Florida, and to FWC at I mperiledSpecies@myFWC. com
- f.
Temporary signs concerning manatees shall be posted prior to and d uring all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 Yz" by 1 1 " explaining the requirements for "Idle Speed/No Wake" and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above.
Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 53 of 58
C A U T I O N : M A N A T E E H A B I T A T A l l p roject vess els I D L E S P E E D / N O W A K E W h e n a m a n at e e i s w i t h i n 5 0 fe et of wo r k a l l i n-wat e r a ct i v i t i es m ust S H U T D O W N R e po rt a ny co l l i s i o n w i t h o r i nj u ry to a m a n ate e :
Wi ld life Alert:
1-888-404-FWCC (3922) cell
- FWC o r #FWC Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 54 of 58 UNITED ST ATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263 13th A venue South St. Petersburg, FL 3370 I SEA TURTLE AND SMALL TOOTH SA WFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions:
- a.
The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea tmtles and smalltooth sawfish. All construction personnel are responsible for observing water-related activities for the presence of these species.
b.
The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea tmtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973.
- c.
Siltation barriers shall be made of material in which a sea tmtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida.
- d.
All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will preferentially follow deep-water routes (e.g., marked channels) whenever possible.
- e.
If a sea turtle or small tooth sawfish is seen within 1 00 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea tmtle or small tooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea tmtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition.
- f.
Any collision with and/or injury to a sea tmtle or smalltooth sawfish shall be repmted immediately to the National Marine Fisheries Service's Protected Resources Division (727-824-53 12) and the local authorized sea tmtle stranding/rescue organization.
- g.
Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation.
Revised: March 23, 2006 O:\\forms\\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 55 of 58 SELF-CERTIFICATION STATEMENT OF COMPLIANCE Perm it Number: SAJ-201 6-02462 Permittee's Name & Address (please print or type) : _
Telephone Number: _
Location of the Work: ---
Date Work Started : ______
Date Work Completed : _
PROPERTY IS I NACCESSIBLE WITHOUT PRI OR NOTIFI CATION : YES NO TO SCHEDULE AN I NSPECTION PLEASE CO NTACT ---
AT _
Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredg ing,
etc.) : _
Acreage or Square Feet of I m pacts to Waters of the United States: _
Describe Mitigation completed (if applicable): _
Describe any Deviations from Permit (attach drawing (s) depicting the deviations) :
I certify that all work, and mitigation (if appl icable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s).
Sig nature of Permittee Date Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 56 of 58 AS-BUILT CERTIFICATION BY PROFESSIONAL ENGINEER Submit this form and one set of as-built engineering drawings to the U. S. Army Corps of Engineers, Enforcement Section, 9900 SW 107fh Avenue, Suite 203, Miami, FL, 33176. If you have questions regarding this requirement, please contact the Enforcement Branch at 904-232-3131.
1. Department of the Army Permit Number: SAJ-201 6-02462(SP-MLC)
- 2. Permittee Information:
Name:
Address:
- 3. Project Site Identification (physical location/address):
- 4. As-Built Certification: I hereby certify that the authorized work, including any mitigation required by Special Conditions to the permit, has been accomplished in accordance with the Department of the Army permit with any deviations noted below. This determination is based upon on-site observation, scheduled, and conducted by me or by a project representative under my direct supervision. I have enclosed one set of as-built engineering drawings.
Signature of Engineer Name (Please type)
(FL, PR, or VI) Reg. Number Company Name City State ZIP (Affix Seal)
Date Telephone Number Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 57 of 58 Identify any deviations from the approved permit drawings and/or special conditions (attach additional pages if necessary):
Turkey Point Units 3 and 4 Docket Nos. 50-250 and 50-251 FPL Response to NRC RAI No. A-4 L-2018-136 Attachment 5 Enclosure 2 Page 58 of 58