ML19107A156

NRC to NMFS, Request to Reinitiate Formal Section 7 Consultation for St. Lucie Plant, Unit Nos. 1 and 2

ML19107A156
Person / Time
Site:	Saint Lucie
Issue date:	04/17/2019
From:	Briana Grange Division of Materials and License Renewal
To:	US Dept of Commerce, National Oceanographic and Atmospheric Administration
Briana Grange 301-415-1042
References
Download: ML19107A156 (2)

Text

From: Grange, Briana To: "nmfs.ser.esa.consultations@noaa.gov" Cc: Erwin, Kenneth; Wentzel, Michael; Mark Lamb - NOAA Federal; "Audra Livergood - NOAA Federal"; "Eldridge, Jodie"; "Eaton, Kristin"; Munne, Vince; Snyder, Mike; Sciscente, Richard; EndangeredSpecies Resource; RidsNrrPMStLucie Resource

Subject:

Request to Reinitiate Formal Section 7 Consultation for St. Lucie Plant, Unit Nos. 1 and 2 Date: Wednesday, April 17, 2019 11:42:00 AM Attachments: Biological Assessment of Impacts to Sea Turtles and Smalltooth Sawfish for St Lucie Continued Operations.pdf To whom it may concern:

With this email, the U.S. Nuclear Regulatory Commission (NRC) requests to reinitiate formal consultation with the National Marine Fisheries Service (NMFS) under the provisions of Section 7 of the Endangered Species Act of 1973, as amended (ESA), related to continued operations of St. Lucie Plant, Unit Nos. 1 and 2 (St. Lucie) in St. Lucie County, Florida. To support this request, the NRC staff prepared the attached biological assessment. The staffs biological assessment is also available online.

Background

On March 24, 2016, the NMFS issued a biological opinion for the continued operations of St. Lucie under the terms of NRC-issued renewed facility operating licenses. The opinions incidental take statement exempts from the prohibitions of ESA Section 9 the capture of smalltooth sawfish (Pristis pectinata) and five species of sea turtles subject to compliance with the applicable reasonable and prudent measures and terms and conditions.

In February 2018, the NRC requested to reinitiate formal ESA Section 7 consultation with the NMFS following Florida Power and Light Companys (FPL) capture of smalltooth sawfish, Kemps ridley sea turtles (Lepidochelys kempii), and green turtles (Chelonia mydas) in excess of the allowable limit set forth in the incidental take statement. The NRCs reinitiation request, as amended in April 2018, requested that the NMFS revise the incidental take statement of the biological opinion to address (1) the level of allowable captures of these three species and (2) the terms and conditions related to the testing, construction, and implementation of sea turtle excluder devices. The NMFS opened this consultation under Public Consultation Tracking System No. SER-2018-19124.

In December 2018, the NRC withdrew its reinitiated consultation request pending the NRCs receipt of a final report from FPL and the NRCs subsequent formulation of a detailed proposed action for the consultation.

Since this time, FPL has submitted the necessary information to the NRC, and the NRC staff has prepared the attached biological assessment. The assessment describes the proposed action in detail and evaluates the potential impacts of the proposed action on listed species and designated critical habitat. For a more detailed background and history of the consultation, see Section 2.0 of the assessment.

Proposed Action The proposed action is the continued operations of St. Lucie and its ocean intake system under the terms of NRC Renewed Facility Operating License Nos. DPR-67 and NPF-16, which authorize operations through March 1, 2036 (Unit No. 1) and April 6, 2043 (Unit No.

2), assuming FPL undertakes certain intake system maintenance activities and modifications, performs certain inspections, and maintains certain monitoring programs to reduce or minimize the take of and harm to listed species. Section 3.0 of the biological assessment describes the proposed action in detail.

Package: ML19107A169 Email Reinitiation Request: ML19107A156 Biological Assessment: ML19093A064 CONCURRENCE OFFICE CB:MENB:DMLR OGC:NLO (A)BC:MENB:DMLR NAME BGrange JWachutka KErwin DATE 4/17/19 4/17/19 4/3/19