ML19221B583

Biological Opinion for Turkey Point Nuclear Plant Units 3 and 4 License Renewal

ML19221B583
Person / Time
Site:	Turkey Point
Issue date:	07/25/2019
From:	Hinzman R US Dept of Interior, Fish & Wildlife Service
To:	Briana Grange Office of Nuclear Reactor Regulation
Briana Grange 301-415-1042
References
Download: ML19221B583 (66)

Text

United States Department of the Interior FISH AND WILDLIFE SERVICE South Florida Ecological Services Office 1339 201h Street Vero Beach, Florida 32960 July 25, 2019 Briana Grange, Conservation Biologist Environmental Review and NEPA Branch U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Division of Materials and License Renewal Mail Stop 0-1 lHl Washington, DC 20555 Service Consultation Code: 04EF2000-2014-F-0177-R001 Date Received: December 19, 2018 Consultation Initiatiori Date: June 10, 2019 Project: Turkey Point Nuclear Plant Units 3 and 4 License Renewal County: Miami-Dade

Dear Ms. Grange:

The U.S. Fish and Wildlife Service (Service) received the Nuclear Regulatory Commission's (NRC) December 19, 2018 request for formal consultation for Florida Power & Light's (Applicant or FPL) Turkey Point Nuclear Plant (Turkey Point) Units 3 and 4 License Renewal (Project). This document transmits the Service's biological opinion based on our review of the proposed Project located in Miami-Dade, Florida, and its effects on the threatened American crocodile (Crocodylus acutus; crocodile) and its critical habitat, as well as the threatened eastern indigo snake (Drymarchon corais couperi; indigo snake). It also provides the Service's concurrences for the NRC's determination that the Project may affect, but is not likely to adversely affect the endangered Florida panther (Puma concolor coryi; panther), threatened red knot (Caladris rufa), threatened West Indian manatee (Trichechus manatus), and threatened wood stork (Mycteria americana). This document is submitted in accordance with section 7 of the Endangered Species Act of 1973, as amended in 1998 (Act) (87 Stat. 884; 16 U.S.C. 1531 et seq.).

This biological opinion is based on information provided in the NRC's biological assessment on the Project dated December 2018, the NRC's draft Environmental Impact Statement (EIS) on the Project dated March 2019, correspondence, meetings, emails, and other sources of information.

A complete record of this consultation is on file at the South Florida Ecological Services Office in Vero Beach, Florida.

Consultation history On January 30, 2018, the Service received a letter from FPL announcing their submittal of an operation license renewal for Turkey Point Nuclear Plant Units 3 and 4.

On March 23, 2018, representatives from FPL, NRC, and the Service had a pre-application meeting to discuss the relicensing.

On June 18, 2018, a representative from the Service attended an interagency meeting for the Turkey Point license renewal. Stakeholders from the National Park Service, Florida Department of Environmental Protection, U.S. Environmental Protection Agency, National Oceanic and Atmospheric Administration, Pacific Northwest National Laboratory, and Miami-Dade County Department of Environmental Resources Management were also in attendance. The meeting consisted of a site visit, and each stakeholder was given time to give input.

On June 28 and 29, 2018, several emails and phone calls took place between the Service and NRC. Documented plant-related crocodile deaths were discussed.

On September 6, 2018, an email was sent from NRC to the Service listing the effect determinations for the species in the Project area. A phone call also took place between the Service and NRC discussing the determinations.

On October 24 and 26, 2018, several emails and a phone conversation took place between the Service and NRC discussing indigo snake take, indigo snake records, and crocodile take at Turkey Point.

In a document to the Service dated December 2018, the NRC provided their biological assessment for the Project. The biological assessment included determinations that the Project may affect the crocodile and indigo snake. The NRC also determined in the biological assessment that the Project may affect, but is not likely to adversely affect the Blodgett's silverbush, Cape Sable thoroughwort, Florida bonneted bat, Florida bristle fem, Florida semaphore cactus, Kirtland's warbler, panther, piping plover, sand flax, red knot, West Indian manatee, and wood stork. The NRC requested the Service's concurrence for these determinations pursuant to section 7 of the Act.

On February 25, 2019, the Service and the NRC had a conference call to talk about the Service's new reasonably certain to occur policy and how it could impact this project. The determinations for piping plover, Kirtland's warbler, Florida bonneted bat, Blodgett's silverbush, Cape Sable thoroughwort, Florida semaphore cactus, sand flax, and Florida bristle fem were agreed to be changed from may affect, but is not likely to adversely affect to no effect due to no occurrence in the Project Area.

On March 20, 2019, the Service met with representatives from FPL, and the University of Florida to review the 2018 crocodile report for Turkey Point.

On March 21, 2019, in an email, the Service presented some conservation measures to NRC and FPL that were discussed at the crocodile report meeting the day prior.

On April 4, 2019, the Service and NRC had a phone conversation about Turkey Point. It was agreed that the determination will be changed for Everglade snail kite from may affect, but is not 2

likely to adversely affect to no effect due to no occurrence in the Project Area. The acreage and land cover types in the Action Area were also discussed. A request was made for information on any non-vehicle collision crocodile take.

On April 5, 2019, an email was sent from NRC to the Service. That email contained the Action Area size in square miles* and included a shapefile of the Action Area.

On April 18, 2019, the NRC sent the Service a document containing FPL's comments on the Biological Assessment from December 2018.

On April 19, 2019, a meeting was held to discuss conservation measures. The NRC, FPL, and the Service participated in this meeting.

On May 14, 2019, a table with crocodile mortalities and injuries was sent from NRC to the Service.

On May 21, 2019, FPL reported the mortality of an indigo snake on the Turkey Point site during vegetation maintenance activities along the southern perimeter of the cooling canal system.

On May 23, 2019, FPL transported the dead indigo snake to the Service.

On May 24, 2019, the Service, FPL, and NRC had a teleconference to discuss the indigo snake mortality and measures to reduce future take.

On June 10, 2019, FPL sent final conservation measures and indigo snake minimization measures.

As of June 10, 2019, the Service has received all the information necessary for initiation of formal consultation on this proposed Project as required in the regulations governing interagency consultations (50 CFR § 402.14).

BIOLOGICAL OPINION This Biological Opinion provides the Service's opinion as to whether the proposed Project is likely to jeopardize the continued existence of the crocodile, indigo snake, or result in the destruction or adverse modification of designated critical habitat for the crocodile.

(50 CFR § 402.02)

ANALYTICAL FRAMEWORK FOR THE JEOPARDY DETERMINATIONS Jeopardy determination Section 7(a)(2) of the Act requires that Federal agencies ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of listed species.

"Jeopardize the continued existence of' means to engage in an action that reasonably would be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and 3

recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species (50 CFR 402.02).

The jeopardy analysis in this Biological Opinion relies on four components: (1) the Status of the Species - a description of the range-wide condition of the species, the factors responsible for that condition, and its survival and recovery needs; (2) the Environmental Baseline- an analyses of the condition of the species in the Action Area, the factors responsible for that condition, and the relationship of the Action Area to the survival and recovery of the species; (3) the Effects of the Action, including the direct and indirect impacts of the proposed federal action and the effects of any interrelated or interdependent activities on the species; and (4) Cumulative Effects - an evaluation of the effects of future, non-federal activities in the Action Area on the species.

In accordance with policy and regulation, the jeopardy determination is made by evaluating the effects of the proposed federal action in the context of the current status of the species, taking into account any cumulative effects, to determine if implementation of the proposed action is likely to cause an appreciable reduction in the likelihood of both the survival and recovery of the species in the wild.

Adverse modification determination Section 7(a)(2) of the Act requires that Federal agencies ensure that any action they authorize, fund, or carry out is not likely to result in the destruction or adverse modification of the critical habitat of listed species.

Destruction or adverse modification means a direct or indirect alteration that appreciably diminishes the value of critical habitat for the conservation of a listed species. Such alterations may include, but are not limited to, those that alter the physical or biological features essential to the conservation of a species or that preclude or significantly delay development of such features. The destruction or adverse modification definition focuses on how federal actions affect the quantity and quality of the physical or biological features in the designated critical habitat for a listed species and, especially in the case of unoccupied habitat, on any impacts fo the critical habitat itself. The Service will generally conclude that a federal action is likely to "destroy or adversely modify" designated critical habitat if the action results in an alteration of the quantity or quality of the essential physical or biological features of designated critical habitat, or that precludes or significantly delays the capacity of that habitat to develop those features over time, and if the effect of the alteration is to appreciably diminish the value of critical habitat for the conservation of the species. The Service may also consider other kinds of impacts to designated critical habitat as appropriate.

DESCRIPTION OF PROPOSED ACTION Turkey Point is a two-unit, nuclear-powered, steam electric generating facility. Turkey Point Units 3 and 4 have a reliable net summer rating of 811 and 821 megawatts-electric, respectively, and a combined output of 1,632 megawatts-electric. The Turkey Point site also includes retired Units 1 and 2 (formerly operated as natural-gas/oil steam-generating units) and Unit 5 (a currently operating natural-gas combined-cycle steam-generating unit).

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The proposed action is to issue subsequent renewed operating licenses for Turkey Point Units 3 and 4 authorizing an additional 20 years of operation after the expiration of the current licenses. The current Turkey Point licenses are set to expire in July 2032 (Unit 3) and April 2033 (Unit 4). If issued, the subsequent renewed operating licenses would allow Turkey Point Unit 3 to operate until July 2052 and Unit 4 to operate until April 2053.

In a separate licensing action, in April 2018, the NRC approved the combined construction permits and operating licenses for two new nuclear reactors (Units 6 and 7) at Turkey Point.

FPL has not begun construction on Units 6 and 7. Within its most recent 10 year-power plant site plan, FPL identified Units 6 and 7 as a preferred site for future generation; however, FPL also determined that Units 6 and 7 would not be in service by 2027 (FPL 2018). For the purposes of this analysis, it is reasonable to assume that construction would likely take place during the proposed Turkey Point Units 3 and 4 subsequent license renewal period.

Operations during the remaining period of performance and the extended period of performance would include the continued operation of the current cooling system, which withdraws water from and discharges water into the Turkey Point site's cooling canal system (CCS). No new construction would occur as a result of continued operations. FPL's (2018a and 2018b) landscape maintenance and operational activities would remain similar to those currently conducted. The practices primarily consist of mowing, weed and hedge trimming, physical or chemical weed removal, herbicide application, tree trimming, brush removal, debris removal, and the maintenance and repair of plant infrastructure such as roadways, piping installations, fencing, and security-related structures. Project Area transmission lines are limited to transmission lines located within the Turkey Point site.

The CCS covers an area approximately 2-miles wide by 5-miles long and covers an area of approximately 5,900 acres (ac). The CCS receives heated water from Turkey Point Units 3 and 4 from the discharge canal and distributes the water into 32 feeder channels (canals). Water in the feeder channels flows south into a single collector channel that distributes water to seven return channels. As the water flows through the channels, heat is lost, largely through evaporation. Water in the return channels flows north, at which point it is at a lower temperature than when it was discharged. Cooling water enters the intake canal and is used to cool Units 3 and 4. From Units 3 and 4, the water is returned to the CCS to repeat the cycle. Flows through the CCS are approximately 1.3 million gallons per minute (FPL 2018a).

In addition to the channels (canals) within the CCS, an 18-foot-deep interceptor ditch parallels the entire length of the west side of the CCS. The interceptor ditch is not connected to either the CCS or other surface waters. The intended purpose of the interceptor ditch is to restrict inland movement of ground water below the cooling canal by maintaining a seaward ground water gradient during times when a natural seaward gradient does not exist (FPL 2018a, FPL 2019).

Cooling Canal System Within the Turkey Point site, the CCS is the largest body of water. FPL entered into a consent agreement (CA) with the Miami-Dade County Department of Environmental Resources 5

Management (DERM) and a consent order (CO) with the Florida Department of Environmental Protection (FDEP).

On October 7, 2015, DERM entered into a CA with FPL which acknowledged FPL's plans to reduce salinity in the CCS, and required FPL to implement actions to intercept, capture, contain, and retract hypersaline groundwater west and north of the Turkey Point CCS boundary. On June 20, 2016 FPL entered into a CO with FDEP with the primary objectives of: (1) cease discharges from the CCS that impair the reasonable and beneficial use of the adjacent G-II groundwaters west of the CCS; (2) prevent releases of groundwater from the CCS to surface waters connected to Biscayne Bay that result in exceedances of surface water quality standards in Biscayne Bay by undertaking restoration projects at Turtle Point and Barge Basin (FPL 2018a).

On August 15, 2016, Miami-Dade County and FPL executed an addendum to the October 2015 CA. The 2016 CAA requires FPL to take action to address Miami-Dade County's alleged violations of water quality standards and cleanup target levels relating to the exceedance of ammonia in deep remnant canals adjacent to the Turkey Point CCS. The 2016 CAA required FPL to prepare and submit a plan to Miami-Dade County DERM to allow for the identification of source(s) of the ammonia exceedances and the delineation of the vertical and horizontal extent of the subject ammonia exceedances in surface water. Additionally, the plan was required to adequately address the ammonia exceedances to the surface waters surrounding the facility, including but not limited to, waters tidally connected to Biscayne Bay (FPL 20018a). The sections. below summarize FPL's plans and activities to mitigate the increased salinity, temperature, ammonia, and nutrients within the CCS.

Salinity within the Cooling Canal System Salinity fluctuation within the CCS occurs through a complex process that is influenced by multiple environmental variables. Salinity increases when water leaves the CCS and decreases when less saline water or freshwater enters the CCS. The highest salinities in the CCS generally occur during the dry season when precipitation is low and evaporation rates are high.

Conversely, lower salinities within the CCS generally occur during the wet season, when precipitation is high and when evaporation rates are low (FPL 2012a, FPL 2018a).

Most of the salt in the CCS comes from the Biscayne aquifer. As groundwater from the Biscayne aquifer moves into the CCS, the salt it contains also moves into the CCS. The Biscayne aquifer obtains its salt from Biscayne Bay. The Biscayne aquifer is hydrologically connected to both Biscayne Bay and to the CCS (FPL 2018a, Tetra Tech 2014, FPL 2016a).

Salt is removed from the CCS when water containing salt leaves the CCS, for example by moving into the Biscayne aquifer. Water that moves into the groundwater is likely to reflect the highly hypersaline conditions of the CCS (currently around 60 practical salinity units [psu]).

Because the water in the CCS has higher salt concentrations, it is denser than the ambient groundwater within the Biscayne aquifer (FPL 2018a).

In the early 1970s, the salinity within the CCS was close to 34 psu, which is similar to the salinity within Biscayne Bay. Over time, the salinity within the CCS has varied seasonally, 6

primarily based on rainfall levels. During dry years (or periods of drought), the overall salinities at the end of year were higher than at the end of the previous year. As a result, drought years have produced a ratcheting effect that caused the next year to begin the seasonal cycle of salinity concentrations at higher salinities than the previous year. Based on these natural cycles, the average salinity of the CCS gradually doubled from approximately 34 psu in the early 1970s to approximately 70 psu in 2013 (FPL 2018a). During periods of extremely low precipitation, the salinity has been even higher, at times reaching 90 parts per thousand (ppt) (FPL 2017a, Squires et al. 2017). Hypersaline water is defined as water that is saltier than seawater. Since 1970's the CCS has been classified as hypersaline, but due to the closed nature of the system, the hypersaline conditions have been exacerbated far beyond what naturally occurs in Biscayne Bay.

FPL received permission from the State of Florida on June 27, 2014, to add lower salinity saltwater from the Biscayne aquifer and brackish water from the Upper Floridan aquifer to the CCS (NRC 2018a). The primary purpose of the additional water was to help reduce the salinity within the CCS. However, the additional water also served to help decrease temperature levels in the CCS. Additionally, FPL received concurrence from the South Florida Water Management District (SFWMD) that a water use permit is not required for use of water with a chloride concentration at or above 19,000 milligrams per liter (mg/L). Thus, no authorization is required to use the marine wells for the CCS (FPL 2019). The NRC states that current CCS salinity is 60 psu. CCS salinity fluctuates throughout the year. In August 28, 2014, FPL received permission from the SFWMD to add freshwater from the L-3 lE Canal to aid in salinity reduction. After these additions and higher precipitation levels, a reduction in salinity has occurred in the CCS (FPL 2019). CCS salinities and temperatures returned to pre-summer 2014 levels (around 60 psu) (FPL 2018a, NRC 2018a).

Salinity Management Plan for the Cooling Canal System The CA acknowledged that FPL would supply brackish water to the CCS from the Upper Floridan aquifer and saltwater from the Biscayne aquifer via marine wells for long term CCS salinity management, noting the marine wells are to be used only under extraordinary circumstances (MDC 2015).

On June 20, 2016, a CO (FDEP 2016) was executed between FPL and the FDEP. The CO requires FPL to achieve an average annual salinity of 34 PSU by the end of the fourth year of freshening activities and every two out of three years. It further states:

"If FPL fails to reach an annual average salinity of at or below 34 psu by the end of the fourth year of freshening activities, within 30 days of failing to reach the required threshold, FPL shall submit a plan to FDEP detailing additional measures, and a timeframe, that FPL will implement to achieve the threshold."

The Service recognizes that changes may be made to the CA or CO. The Service asks to be informed of changes to these agreements and orders. The Service will determine if the change will result in reinitiation of Section 7 consultation.

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Subsequent to attaining the threshold in the manner set forth above, if FPL fails more than once in a three year period to maintain an average annual salinity of at or below 34 psu, FPL shall submit, within 60 days of reporting the average annual salinity, a plan containing additional measures that FPL shall implement to achieve the threshold salinity level" (FDEP 2016a).

In future years, FPL anticipates that the Upper Floridan aquifer wells will be the water source it uses to reduce salinity in the CCS (FPL 2018a). FPL began operation of the Upper Floridan aquifer freshening well system on November 28, 2016. Approximately 4.5 billion gallons oflow salinity water from the Upper Floridan aquifer have been added to the CCS to date. The addition ofthis brackish water (2.5 psu) to the CCS is helping to reduce the CCS salinity to an average annual level of 34 psu. The addition of this water has been important in minimizing increases in CCS salinity that ordinarily occur during the dry season. Continued operation of the freshening wells during the wet season should help to further reduce CCS salinities (FPL 2018a).

Temperature within the Cooling Canal System The temperature of the CCS varies in response to a number of factors such as heated water discharged by Turkey Point Units 3 and 4 into the CCS, air temperature, wind, precipitation, CCS water quality, Biscayne aquifer water flowing into and out of the CCS, and well water added to the CCS. To a lesser extent, discharges of water into the CCS from the interceptor ditch. As described earlier, Units 1, 2, 3, and 4 historically contributed heat to the CCS. FPL retired Units 1 and 2 by 2016, so these units no longer contribute to the heat load within the CCS. Under current operations (i.e., including heat levels from the 2012 extended power uprate at Units 3 and 4), the heat discharged into the CCS from Units 3 and 4 is less than the amount of heat that was once discharged into the system when Units 1,2, Units 3, and 4 were all in operation.

Due to the discharge of heat into the CCS, water temperatures in the CCS are higher than air temperatures (FPL 2018a). Surface water temperatures within the CCS are warmer in the summer months and cooler in the winter months (FPL 2016a). Water temperatures within the CCS also varies based on location. As water moves through the CCS it drops in temperature (FPL 2016a). As expected, within the CCS, the highest water temperatures are found where hot water is discharged from the power plants into the CCS (Station TPSWCCS-1) and the coolest water temperatures occur at the cooling water intake for Units 3 and 4. From June 2010 through May 2017, average monthly temperature values collected at seven monitoring stations within the CCS produce an average monthly value of 96 degrees Fahrenheit (°F)

(FPL 2017a).

The CCS serves as the ultimate heat sink to cool Turkey Point Units 3 and 4. The NRC has established an ultimate heat sink inlet temperature limit for the cooling canals of 104 °F (NRC 2014). Measurements to judge compliance with this limit are taken from the return canal in front of the cooling water intake structure. Data from this sampling location represent the temperature of the water after it has been cooled by the CCS. From June 2010 through May 2017, temperature measurements located in the return canal prior to the intake structure (Station TWSWCCS-6) have not exceeded the 104 °F (40 °C) limit (FPL 2017a). The typical water temperature in the CCS exceeds that of Biscayne Bay (70-86 °F) (NOAA 2019).

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However, during the period from the initial operation of Turkey Point Units 3 (December 1972) and 4 (September 1973) until August 2014, the ultimate heat sink limit was set at 100 °F (37.8 °C). In early July 2014, the water temperature in the cooling canals began to approach this limit. Therefore, after the NRC performed a safety and environmental analysis, the agency established the current temperature limit of 104 °F (NRC 2014). FPL (2018a) stated that the increase in average CCS temperatures in 2014 was the result of the following three factors:

(1) low average precipitation into the CCS from 2011 through 2014; (2) poor water circulation through the CCS due to blockages and sediment accumulation; and (3) reduced heat exchange efficiency (i.e., salinity, turbidity, and algal concentrations that reduced evaporation rates).

Since 2014, FPL has worked to reduce algae concentrations, improve canal circulation, and increase Biscayne aquifer water inflow into the CCS by removing sediment from the CCS channels. The CO required FPL to develop, submit, and implement a thermal efficiency plan to achieve a minimum of 70 percent thermal efficiency. The plan addresses water stage management, vegetation control, dredging, chemical additives to the CCS for facility operation, and upset recovery. For a short period of time, to help lower CCS salinity, freshwater from the L-31 canal was discharged into the CCS as well as brackish water from the Upper Floridan aquifer, and saltwater pumped from the Biscayne aquifer. Current and future plans do not include the use of freshwater from State canals (FPL 2018a, FPL 2019).

Future plans to reduce CCS salinity call for the addition of brackish water from the Upper Floridan aquifer, the reduction of algae, continued sediment removal within the CCS, and, only in extraordinary circumstances, the use of saltwater pumped from the Biscayne aquifer Thermal Efficiency Plan for the Cooling Canal System In accordance with the June 20, 2016, CO between FPL and the FDEP, FPL is required to achieve a minimum thermal efficiency of 70 percent and to submit a CCS thermal efficiency plan to the FDEP (FDEP 2016). FPL has identified that maintaining high thermal efficiency within the CCS is necessary for controlling evaporation and salinity. Therefore, the plan identifies primary and secondary performance metrics to be monitored. These metrics are used to guide actions to maintain high thermal efficiencies (equal to or greater than 70 percent). On July 7, 2017, the FDEP instructed FPL to implement the plan (FPL 2017b).

Near-term actions that FPL has implemented under this plan have included (1) sediment removal in many of the canals in the CCS, (2) flow management within the CCS, (3) water stage management, and (4) vegetation management. As a result, thermal efficiency during the 2017 reporting period met the objectives of the plan, with an annual thermal efficiency for October 2016 through September 2017 of approximately 84 percent (FPL 2017b).

Ammonia and nutrients within the Cooling Canal System The decay of organic material within the CCS could release ammonia into its waters. Between June 2010 and May 2016, ammonia concentrations within the CCS ranged from below detection to 0.3 mg/Land averaged 0.04 mg/L. Ammonia is a nutrient. Other nutrients include 9

phosphorus and total nitrogen. Within a surface water body, if the concentration of nutrients get too high, the nutrients can cause algae blooms. Algal blooms can be toxic, deplete oxygen in the water, and reduce water clarity (FDEP 2018).

Nutrients are added to the water in the CCS by the erosion of soil and by vegetation that falls into the canals from the land that separates the individual channels within the system. Nutrients are also added by groundwater inflows, atmospheric deposition (of nitrogen), and by the effluents from power plant operations (such as stormwater runoff). Nutrients are removed from the water by the growth of seagrass, the harvesting of seagrasses as a CCS maintenance activity (if needed), the removal of biological material impinged on the plant intake screens, and the outflowing of groundwater from the CCS (FPL 2018a).

Prior to 2010, the CCS operated as a seagrass-based biological system. Seagrass grew beneath the water on the bottom of the channels within the CCS. Seagrass covered approximately 50 percent of the channel bottoms within the system prior to 2010 and provided a habitat for aquatic life, natural filtration of suspended material, and removal of nutrients from the water.

This ecosystem helped to maintain water quality and low nutrient concentrations in the water.

However, by 2010, CCS salinities had increased to the point that the seagrass meadows were dying off. By 2012, few seagrass beds remained. The decomposition of the dead seagrasses released a significant volume of nutrients into the waters of the CCS. This in turn facilitated dominated state, resulting in high turbidity and generally degraded water quality within the CCS.

Nutrient Management Plan for the Cooling Canal System In accordance with the June 20, 2016 CO between FPL and the FDEP (FDEP 2016a); FPL submitted to the FDEP a nutrient management plan for the CCS. The plan is composed of three primary nutrient management strategies: (1) active algae/nutrient removal; (2) canal and berm maintenance; and (3) salinity reduction and controlled flow management. On July 7, 2017, the FDEP directed FPL to implement the plan (FPL 2017b).

Under the nutrient management plan, bench and pilot tests have been performed to find the most appropriate active nutrient/algae removal regime for the unique ecology and water chemistry of the CCS. These methods include application of chemical flocculants/coagulants, removal of nutrients using nonchemical physical methods, and aeration. In addition, FPL reviewed canal practices in order to integrate into them the goal of minimizing erosion and nutrient inputs from sediment and berm sources.

Another initiative of the plan is to re-establish seagrass meadows within the CCS. FPL (2016b) states in its plan that a healthy seagrass population of approximately 50 percent of the surface water acreage would help balance and sequester the system's nutrient content. Seagrasses require nonturbid clear water and near-ocean salinity levels (roughly 30 to 37 ppt). Given the current turbid, hypersaline, and phosphorus-limited conditions in the CCS, FPL is concentrating its efforts on removing or binding bioavailable phosphorus to reduce algae growth. This reduction of algal growth should in turn reduce nitrogen fixation, increase water clarity, and improve the conditions for re-establishment of seagrasses. FPL is currently investigating the 10

direct application of flocculants into the CCS, treatment of CCS water in an external system, and the use of protein skimming methods to actively remove algae and nutrients. Once nutrients are removed and salinities are lowered, FPL will cultivate and plant seagrass beds within areas of the CCS with appropriate depth and substrate. Some dormant seagrass seeds may also germinate such that seagrasses may reemerge naturally, as conditions improve. Once re-established, seagrasses will provide a significant mechanism for uptake and retention of nutrients to deter future algal blooms and improve water clarity issues. FPL's nutrientmanagement plan sets a seagrass colonization target at 50 percent of the CCS surface water acreage.

Aquatic resources Within the Turkey Point site, the primary aquatic environment is the CCS. The CCS has historically supported a variety offish (such as sheepshead minnow (Cyprinodon variegatus) and several Fundulus species), mollusks, crabs, and submerged aquatic vegetation that are tolerant of shallow, subtropical, hypersaline environments. FPL (2014) reported that the species identified in Table 1, were present in the CCS as of November 2007. Because the water in the CCS does not directly connect to any surface water body, aquatic organisms are unable to travel between the CCS and any other water bodies. Aquatic biota in the CCS are not accessible for recreational or commercial harvest because the entirety of the CCS is owner controlled and closed to the public.

Other onsite aquatic resources include hypersaline mudflats, remnant canals, channels, dwarf mangrove wetlands, and open water. In June 2009, Tetra Tech NUS, Inc. (Tetra Tech 2009) conducted fish surveys throughout the Turkey Point site in both CCS and non-CCS waters, Table

2. Tetra Tech concluded that habitat quality for fish was less than optimal at all location sampled. Both water temperatures and salinities were high enough to create stressful conditions for many species of estuarine fish (Tetra Tech 2009).

Prior to 2010, the CCS environment was oflow turbidity and contained low and stable nutrient levels. Widgeon grass (Ruppia maritima) covered over 50 percent of the system and were especially prominent in the southern sections of the CCS and in the eastern return canals.

Seagrasses underwent annual periods of stress and recovery as CCS salinities cycled between greater than 50 psu (stress) and less than 50 psu (recovery). Despite the harsh environment, seagrass colonies remained relatively stable from year to year (FPL 2016b).

In 2010, the CCS began experiencing a pronounced ecosystem shift. The average salinity of water increased, water quality and clarity began to degrade, and average surface water temperatures increased. Seagrass colonies began to die off due to salinity- and temperature-related stress. By 2012, few seagrass beds remained. The subsequent decomposition of the seagrasses released a significant volume of nutrients into the CCS, and the increased nutrient levels facilitated algae blooms, which resulted in high turbidity and degraded water quality.

Algae blooms remained local and isolated in 2011 and 2012. In 2013 and 2014, continuously elevated concentrations of algae were observed throughout the CCS. By 2016, no seagrasses remained in the CCS. The CCS currently operates as an algal-based, phosphorus-limited system such that the algae life cycle primarily dictates the movement of nutrients in and out of the water column (FPL 2016b, EIA 2017).

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To address CCS water quality degradation and as a requirement of the FDEP CO, in 2016, FPL began implementing its nutrient management plan (FPL 2016b). FPL commissioned the Florida-based environmental consulting firm Ecological Associates, Inc. (EAI) in December 2016 to conduct a biological characterization study in the CCS and determine the presence, relative abundance, and distribution of fish, invertebrate, and seagrass populations currently within the system (EAI 2017). EAI chose ten sampling stations within the CCS, each representing different benthic habitats, salinity gradients, and temperature regimes. Seven of the sampling stations were located in the main CCS area, two were located in return canals, and one was located in a dead-end canal in the northern section of the system. EAI sampled fish and mobile invertebrates, benthic macroinvertebrates, and submerged aquatic vegetation (or seagrass).

To identify fish and mobile invertebrates, EAI performed cast net sampling on December 5, 2016, and minnow trap sampling on December 6 and 7, 2016. Cast net sampling targets large mobile organisms throughout the water column, while minnow trap sampling selectively targets small species at the top and bottom of the water column. EAI collected 4,843 individuals. All belonged to one of four taxa: (1) sheepshead minnow, (2) sailfin molly (Poecilia latipinna),

(3) eastern mosquitofish (Gambusia holbrooki), and (4) mudflat fiddler crabs (Uca rapax). Cast net samples yielded 282 fish: 252 sheepshead minnow, 22 sailfin molly, and 1 eastern mosquitofish. All fish collected during cast netting were small (less than 1. 75 inches [in]

standard length). Minnow traps yielded 4,547 fish and 14 crabs: 3,900 sheepshead minnow, 627 sailfin mollies, 20 eastern mosquitofish, and 14 mudflat fiddler crabs. Fish ranged from 0.4 to 2.4 in standard length, and crabs ranged from 0.3 to 0.43 in carapace length and 0.43 to 0.59 in carapace width. Sheepshead minnow were abundant throughout the CCS and were found at all 10 sampling stations during the characterization study. This species can live and successfully reproduce in high salinity waters (up to 147 psu) and high temperatures (109.4 °F)

(Johnson 1974). Sailfin mollies are moderately abundant throughout the system. This species is also able to tolerate high salinities (up to 80 psu), high temperatures (104 °F), and low dissolved oxygen (Fischer and Schlupp 2009, Nordlie et al. 1992, Timmerman and Chapman 2004).

Eastern mosquitofish were only found at 2 of the 10 sampling stations and are likely rare in the CCS as a whole. This species can also tolerate hot water (100.4 °F) and hypersaline water(up to 58.8 psu) with low dissolved oxygen (Chervinski 1983; Specziar 2004). Mudflat fiddler crabs were captured incidentally with sampling methods not designed to capture crabs, so EAI did not make any conclusions regarding crab abundance in its CCS characterization study report.

Nevertheless, mudflat fiddler crabs have also been documented as able to withstand high-temperature, high-salinity, and low-dissolved oxygen conditions (Costa and Soares-Gomes 2015, Vernberg and Tashian 1959, Zanders and Rojas 1996). Meroplankton sampling would be required to conclusively determine whether mudflat fiddler crabs are actively reproducing in the CCS or whether individuals were immigrating into the system. EAI found no evidence that the environmental conditions within the CCS were negatively affecting the growth or reproduction of the species captured, all of which tended to be heat- and salinity-tolerant species.

To identify benthic macroinvertebrates, EAI collected benthic mini-ponar grabs on December 6, 2016, which the company subsequently processed in a laboratory. A total of79 individuals of 3 taxa were identified. The Capitella capitate was the most common taxon collected followed by marine oligochaetes (Class Oligochaeta) and midge larvae (Family Chironomidae). EAI calculated benthic macroinvertebrate densities to range from 30 to 489 individuals per square 12

meter at stations with organisms present. Evidence of relic gastropod and bivalve shells were also present at some stations; however, EAI did not collect any live mollusk specimens.

In addition to fish and benthic sampling, EAI used underwater video on December 5 and 6, 2016, along defined video transect surveys to search for living submerged aquatic vegetation (seagrasses). Widgeon grass, which was previously the predominant submerged aquatic vegetation in the CCS, can grow in waters ranging from 64.4 to 86 °F. However, temperatures above 73.4 to 77 °F have a negative influence on widgeon grass photosynthesis (Arnold et al.

2017). One study on the effect of salinity on widgeon grass determined that 8- to 12-week-old plants could not tolerate salinities above 21,000 parts per million (Mayer and Low 1970).

During the CCS characterization study, EAI did not observe any seagrasses. Because water clarity was poor throughout the entire project area, EAI also scanned its benthic macroinvertebrate collections for living vegetation. No samples contained living vegetation. In its report, EAI attributed the lack of submerged aquatic vegetation to the CCS turbid water conditions, high salinity, and high temperatures.

While differences in sampling methods and effort make it difficult to arrive at definitive conclusions, the available information on the CCS aquatic community indicates that species diversity within the system has declined over time. Submerged aquatic vegetation is no longer present in the system, and a number of the fish species reported as present in the system in 2007 and 2009 were not collected during the 2016 characterization study. The current aquatic community is of low diversity and includes only those species that can withstand hot, hypersaline waters with low dissolved oxygen and poor water clarity.

Minimization and conservation measures To minimize the Project's adverse effects to fish and wildlife, and the federally-listed species discussed in this Biological Opinion, FPL has agreed to implement the following protective measures, habitat compensation, and conservation measures:

1. Continue salinity and temperature monitoring program within Turkey Point and in Biscayne Bay as required by the current Florida Department of Environmental Protection (Industrial Wastewater Permit and Consent Order) and Miami-Dade County (Consent Agreement).

2. Continue the crocodile health and condition surveys for the duration ofNRC-licensed operations or unless otherwise agreed upon by FPL, the Service, and the NRC. Every two years, FPL, the Service, the NRC will meet to discuss the monitoring methods and the need for continuation.

3. Crocodile data will follow the standard approved management method, once available. Data will be kept in the approved format.

4. Continue following the Nutrient Management Plan as required by the Florida Department of Environmental Protection (Industrial Wastewater Permit and Consent Order).

5. Continue to follow the most current version ofFPL's Crocodile Management Plan (FPL 2007a).

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Action Area The Action Area for the project is defined as all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action. The Action Area for the Project includes: the Turkey Point site (including the cooling canal system); wetlands adjacent to the Turkey Point site; and areas in Biscayne Bay where barges may travel. Most

• potential impacts associated with the proposed action would be confined to the Turkey Point site.

However, continued Turkey Point operations would necessitate occasional delivery oflarge power plant parts and equipment by barge through Biscayne Bay. Thus, Biscayne Bay is included in the Action Area. The total Action Area is 24,013 ac (Figure 1).

SPECIES NOT LIKELY TO BE ADVERSELY AFFECTED BY THE PROPOSED ACTION Florida panther The CCS lies outside of the panther focus area, but the wetlands on the western side of the Action Area occur within the primary zone of the panther focus area (Kautz et al. 2006, Service 2007a). Approximately 6,600 ac of panther focus area occur within the Action Area. In October 2013, the SFWMD (2013) sighted an adult panther and a kitten in the Model Lands Basin approximately 2 miles west of the Turkey Point boundary. A female tagged panther was also documented in the area west of Turkey Point in 1987 and 1988. She was documented along the access road to Turkey Point approximately 0.5 miles from the boundary. FPL is not aware of any panther observations on the Turkey Point site (NRC 2018b, FPL 2018a).

Vehicular collisions is a significant threat to panthers in South Florida (Service 2017a) and likely the largest risk of injury or mortality to panthers within the Action Area. Nevertheless, the Service finds that collisions between vehicles and panthers at Turkey Point are unlikely. FPL has not reported any incidents where operational activities resulted in injury or mortality to panthers, and operational activities and levels will remain the same during the proposed period of extended operations (FPL 2018b). In addition, FPL is not aware of any panther observations on the Turkey Point site (NRC 2018b; FPL 2018a). This further suggests that vehicular collisions with panthers within the Action Area are unlikely.

The greatest threat to the survival and recovery of the panther throughout its range is habitat loss and habitat fragmentation due to commercial and residential development and other human activities (Service 2017a). During the remainder of the current operating period and over the proposed period of extended operations, FPL (2018a) does not intend to conduct any refurbishment activities within the Action Area. In addition, the continued operation could result in beneficial impacts to the panther. This is because FPL restricts public access to the site and restricts development of the site for residential, commercial, or agricultural uses. These restrictions will remain in place during the remainder of the current license and during the proposed period of extended operations. In addition, the restricted public access reduces the likelihood of human disturbances to any panther that may occur at Turkey Point.

Based on the lack of observations of this species within the Action Area, the low likelihood of vehicular collisions, the restricted public access (which minimizes disturbances), and the fact that 14

no new construction activities would occur that would destroy or degrade panther habitat, the NRC staff finds that the proposed action may affect, but is not likely to adversely affect, the panther. The Service concurs with this finding.

Red knot Within the Action Area, a red knot was observed in March 2009 near the CCS (FPL 2018a).

Mangroves, mudflats, and beach habitat along the east border of the Turkey Point site may provide suitable habitat for wintering or foraging red knots. Red knots may also temporarily rest on artificial structures on the coastline within the Action Area. In the biological opinion for the Turkey Point Units 6 and 7 combined licenses, it was determined that habitats occurring within Miami-Dade County do not appear to be highly valuable to red knots and individuals would not be expected to occur frequently or in large numbers at Turkey Point (Service 2017a). Therefore, while a limited number of red knots may temporarily use habitat within the Action Area, the Action Area does not include any important wintering grounds for this bird species.

Direct mortality of red knots could occur if individuals collide with plant structures or in-scope transmission lines. The likelihood of collisions is extremely unlikely because suitable habitat for the red knot does not occur near major plant structures or in-scope transmission lines. In the Generic Environmental Impact Statement for License Renewal of Nuclear Plants (the GEIS), the NRC staff determined that cooling towers present the greatest risk for bird collisions at nuclear power plants (NRC 2013); however, Turkey Point has no cooling towers. FPL is required to take action in the event that site personnel discover an injured or dead individual associated with a collision. There are no documented reports of collisions of red knots. FPL also minimizes the impacts on bird species from collisions with in-scope transmission lines through its voluntary corporate avian protection plan (FPL 2007b ). In 2005, the Service and the Avian Power Line Interaction Committee (a utility industry group focused on protecting birds) jointly released guidelines for utilities to create their own voluntary avian protection plans including bird mortality reporting, bird injury protocols, nest-management procedures, permitting issues, construction design standards to minimize collision and electrocution, staff training, and mortality risk assessment (FPL 2018a);

NRC determined the Project may affect, but it not likely to adversely affect the red knot. The Service concurs based on the lack of documented collisions, FPL's voluntary corporate avian protection plan, and the limited time red knots would occur in the area during migration.

Wood stork Wood storks use the Action Area for foraging, resting, and roosting. The Action Area is within a core foraging area for this species. Most recently, while conducting its CCS characterization study on December 5-7, 2016 (EAi 2017), FPL observed multiple wood storks foraging within the Turkey Point CCS. In addition, FPL (2014) previously observed wood storks foraging in shallow portions of the CCS in June 2008, and the NRC (2018b) noted that three storks were observed foraging and roosting in shallow mangrove wetlands immediately west of the proposed Turkey Point Units 6 and 7 site. The closest known wood stork nest is 20 miles southwest of Turkey Point, within Everglades National Park (FPL 2018a).

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Direct mortality of listed birds could occur if individuals collide with plant structures or in-scope transmission lines. The likelihood of collisions is extremely unlikely because suitable habitat for the listed bird does not occur near major plant structures or in-scope transmission lines. In the GEIS, the NRC staff determined that cooling towers present the greatest risk for bird collisions at nuclear power plants (NRC 2013); however, Turkey Point Units 3 and 4 have no cooling towers.

FPL is required to take action in the event that site personnel discover an injured or dead individual associated with a collision. There are no documented reports of collisions of wood storks. FPL also minimizes the impacts on bird species from collisions with in-scope transmission lines through its voluntary corporate avian protection plan. In 2005, the Service and the Avian Power Line Interaction Committee (a utility industry group focused on protecting birds) jointly released guidelines for utilities to create their own voluntary avian protection plans including bird mortality reporting, bird injury protocols, nest-management procedures, permitting issues, construction design standards to minimize collision and electrocution, staff training, and mortality risk assessment (FPL 2018a).

The principal threat to the survival and recovery of the wood stork is the loss, fragmentation, alteration, and degradation of its wetland habitat (Service 2017a). In addition, runoff from phosphorus and nitrogen from agricultural and urban sources has degraded water quality within wetland habitats by altering the composition and structure of wetland plant communities used by the wood stork. These threats have resulted in reduced foraging and nesting opportunities for the wood stork (Service 2017a).

The Service (2007b) determined that a major key to wood stork recovery in South Florida is Comprehensive Everglades Restoration Plan (CERP) projects. Some CERP projects, as well as the Model Land Project, are located immediately adjacent to Turkey Point, and their primary goal is to restore and protect wetland habitat. Indirect impacts to wetland habitat could occur due to the hypersaline plume associated with the CCS, dewatering activities, and site runoff.

However, the NRC staff determined that impacts to wetlands would be minimal based on FPL's wetland monitoring data, SFWMD's modeling studies, and FPL's efforts to minimize impacts through implementation of its environmental compliance procedures, best management practices, Stormwater Pollution Prevention (SWPP) plan, and spill prevention control and countermeasures plan. Given that these impacts would result in minor if any changes to wetland habitats, the NRC staff determined that continued operations would have an insignificant impact on the vegetative community or other prey resources for the wood stork and other listed birds. As such, wetlands within the Action Area would continue to provide foraging habitat for wood storks and continued operation of Turkey Point Units 3 and 4 would not adversely impact foraging activity for wood storks.

The CCS and adjacent wetlands provide foraging habitat for wood storks, which primarily consume fish between 0.8 to 10 inches in length such as mosquito fish, flagfish, sailfin mollies, marsh killifish, yellow bullheads, and sunfish. The CCS went through a pronounced ecosystem shift whereby the number of fish species and density offish is likely lower than prior to 2009 and submerged aquatic vegetation is absent from the CCS. Despite this fundamental shift in species composition within the CCS (NRC 2018b), EAI (2017) observed wood storks foraging within the CCS and determined that prey for the wood stork continued to populate the CCS in 2016.

For example, sailfin mollies are moderately abundant throughout the CCS and this species is also 16

able to tolerate high salinities (up to 80 psu), high temperatures (up to 104 °F), and low dissolved oxygen (Fischer and Schlupp 2009, Nordlie et al. 1992, Timmerman, and Chapman 2004, EAI 2017). Therefore, wood storks are likely to continue to forage within the CCS, even at the elevated temperature and salinity levels. Given that the CCS continues to provide prey items for the wood stork, that those prey items can tolerate high salinity and temperature levels, and that the wood stork continues to forage within the CCS, the NRC staff finds that any impact to the wood stork would be minimal.

The Service (2007b) determined that exotic species in wood stork wetland habitats can interfere with foraging activities due to the density and canopy cover of invasive species. FPL annually removes exotic species, such as Australian pine (Casuarina equisetifolia) and Brazilian pepper (Schinus terebinthifolius), from within the CCS canals and berms and along the access and CCS perimeter roads. FPL's exotic vegetation removal program improves the foraging habitat for the wood storks and has a beneficial impact. Vegetation management around the CCS is a part of the Nutrient Management Plan and is a requirement of the CO.

Human disturbance to the wood stork in the Action Area would be insignificant because public access to the Turkey Point site would continue to be restricted during the proposed period of extended operations. Also, because noise levels and human activity would remain similar to the current operations, they would not likely cause the wood stork to avoid or abandon habitat within the Action Area.

NRC determined the Project may affect, but it not likely to adversely affect the wood stork. The Service concurs based on the following:

1. Collisions between the wood stork and plant structures or in-scope transmission lines are unlikely given that no such collisions have occurred to date and that operational activities would remain the same during the remainder of the current license and the proposed subsequent license renewal period.

2. Wetland degradation would be minimal based on FPL's current wetland monitoring data, SFWMD's modeling studies, and FPL's efforts to minimize impacts through implementation of its environmental compliance procedures, best management practices, SWPP plan, and spill prevention control and countermeasures plan.

3. The loss of prey within the CCS does not appear to be significantly affecting the wood stork given that two fish species remaining in the CCS are prey for the wood stork and that the wood stork continues to forage in the CCS.

West Indian manatee Manatees occur within the Action Area in Biscayne Bay, including the barge-turning basin and in nearshore waters with seagrass beds (NRC 2018b, FPL 2018a). The lack of surface water connections with the CCS prevent manatees from occurring on the Turkey Point site (FPL 2014 and 2018a). Manatees do occur in the vicinity within SFWMD canals that discharge to Biscayne Bay north of the Turkey Point facility, including the C-100, C-1, C-102, Military, C-103, North, Florida City, FPL (Sea Dade), Card Sound Road, and C-111 canals (FPL 2012b).

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Barge traffic Barge traffic associated with continued operation has the potential to impact manatees inhabiting Biscayne Bay. Continued operation of Turkey Point Units 3 and 4 would likely require infrequent deliveries oflarge parts and equipment to the Turkey Point site by barges that would travel through parts of Biscayne Bay. FPL (FPL 2018b) estimates up to five barges in a single year would travel to and from Turkey Point. FPL's vessel traffic estimate includes deliveries associated with Turkey Point Units 3 and 4; Turkey Point Units 1, 2, and 5; and the onsite Turkey Point independent spent fuel storage installation (FPL 2018b). Units I and 2 are retired natural gas/oil plants that do not producing power, but FPL operates them in synchronous condenser mode to support transmission reliability and stabilize the grid.

These barges might collide with or strike manatees in Biscayne Bay and injure or kill them.

However, the infrequency of vessel traffic 2009a) make such interactions unlikely. Given that, FPL has reported no collisions with and/or injury to a manatee to date, and given the infrequency of deliveries during the proposed period of extended operations, the likelihood of a manatee and barge collision as result of the proposed action would be extremely low.

In 2017, the Service assessed the impacts of barge traffic, among other effects, as part of its BSA Section 7 consultation with the NRC for FPL's proposed construction of two new nuclear power reactors at the Turkey Point site, Turkey Point Units 6 and 7. The Service also noted FPL's commitment to follow the Service's Standard Manatee Conditions for In-Water Work (Service 2011). Based on the above information, the Service (2017a) determined that Turkey Point Units 6 and 7 construction activities may affect, but were not likely to adversely affect, the West Indian manatee.

Biscayne Bay water quality During the EIS scoping period for the proposed action, the NRC received comments recommending that the staff consider interactions between the CCS and nearby surface waterbodies and how these interactions might potentially impact federally listed species. The commenters' suggestions stemmed primarily from the concern that contaminants in the CCS could affect water quality in Biscayne Bay, which could affect federally listed species.

At Turkey Point, FPL does not directly discharge cooling water or stormwater runoff from the CCS into Biscayne Bay. Therefore, any manatees in Biscayne Bay would not be exposed to contaminants from the CCS, at least not via a direct CCS-to-bay surface water pathway.

However, there are other potential pathways. Specifically, the CCS and Biscayne Bay are both hydrologically connected to the Biscayne aquifer; therefore, manatee exposure could potentially occur via a groundwater and then a surface water pathway with water or contaminants first moving through the Biscayne aquifer and then into Biscayne Bay. Between June 2010 and May 2016, ammoni;i concentrations within the CCS ranged from below detection to 0.3 mg/Land averaged 0.04 mg/L.

As part of FPL's regulatory agreements, FPL maintains an extensive water quality monitoring program. FPL monitors the CCS, Biscayne Bay, Card Sound, and other nearby waterbodies for 18

ammonia, nitrogen, phosphorus, and chloride, among other nutrients and parameters.

Additionally, ecological monitoring is conducted semiannually in Biscayne Bay and in mangrove areas and quarterly in marsh areas. In FPL's 2017 report, which analyzed data collected during the reporting period of June 1, 2016 through May 31, 2017, FPL identified no changes in Biscayne Bay water quality trends during the monitoring period when compared to past monitoring period results (E&E 2017). To date, FPL has identified no evidence of an ecological impact on the areas surrounding the CCS and no discernible influence from the CCS on Biscayne Bay (E&E 2017). The NRC has stated, "landscape-14 scale environmental factors, such as the length of the hydroperiod or overall water depth, have 15 a greater effect on changes in live biomass and sawgrass height than proximity to the CCS."

More recently, in July 2018, the DERM found that several sampling locations at the Barge Basin, Turtle Point Canal, Card Sound Canal, S-20 Get Away Canal, and the Sea-Dade Canal exceeded the applicable Miami-Dade County surface water standard for total ammonia concentration (MDC 2018). In a July 10, 2018, letter to FPL, the DERM acknowledged that the elevated concentrations may be attributable to a combination of several sources, including factors not directly related to the operation of the CCS. Nevertheless, because the DERM believes that the CCS may be one source contributing to the elevated ammonia levels, the DERM required FPL to take action to submit and implement a mitigation plan within 90 days of the date of the letter. The mitigation plan must address potential CCS nutrient impacts to groundwater and surface water resources beyond the boundaries of the system. Elevated ammonia levels are of concern in aquatic environments because when present at high enough levels, aquatic organisms have difficulty completely excreting excess ammonia from their bodies. This can lead to toxic build-up, health and fitness effects, and, potentially, death. Several water quality parameters, including pH, temperature, and salinity; the rate or duration of exposure; and a species' specific physiobiology affect the extent to which an organism experiences toxicity from a given level of ammonia.

With regard to manatees, data on the effects of ammonia are not currently available. In the absence of species-specific information, it is assumed that the relevant State water quality criteria are reasonably protective of manatees because under Section 303(c) of the Clean Water Act, the Environmental Protection Agency or the State is required to adopt water quality standards to restore and maintain the chemical, physical, and biological integrity of the Nation's waters. In delegated States, the Environmental Protection Agency must periodically certify that a State's water quality criteria, and any revisions thereto, protect the designated uses of the waterbody and that the standards are consistent with, or more protective than, the Environmental Protection Agency's national recommended aquatic life criteria.

In addition to these state standards, Miami-Dade County also has water quality standards. The Miami-Dade County DERM has identified several sampling locations where the total ammonia concentrations have exceeded the County's water quality standard. However, the sampled locations are in stagnant or dead-end canals. The ammonia could also be from a source not related to Turkey Point operations. If manatees were to be present in the canals, exposure time would be limited. Additionally, as described above, FPL is taking action to restore water quality in the canal areas of elevated ammonia such that elevated ammonia levels are not expected to be a long-term issue. Further, no contaminants associated with the CCS, including ammonia, have 19

been found in Biscayne Bay. In summary, because of the very low likelihood of manatees to be exposed to contaminants associated with the CCS, including ammonia, and because of the short duration of any such potential exposure, any effects on manatees would be insignificant or discountable. If waters inhabited by manatees meet state and county water quality criteria, the NRC staff assumes that there would be no lethal effects or impairment to growth, survival, or reproduction to manatee individuals.

Conclusion for designated critical habitat for the West Indian manatee As described above, FPL does not directly discharge cooling water or stormwater runoff from the CCS into Biscayne Bay. It is possible, though, that nutrients and other contaminants originating from the CCS could enter Biscayne Bay through a groundwater-surface water connection. Therefore, FPL monitors the CCS, Biscayne Bay, Card Sound, and other nearby waterbodies for ammonia, nitrogen, phosphorus, and chloride, among other nutrients and parameters. Additionally, ecological monitoring is conducted semiannually in Biscayne Bay and in mangrove areas and quarterly in marsh areas. In 2017, FPL identified no changes in Biscayne Bay water quality trends when compared to past monitoring results (E&E 2017). To date, FPL has identified no evidence of an ecological impact on the areas surrounding the CCS and no discernible influence from the CCS on Biscayne Bay. The CO is intended to minimize future impacts to Biscayne Bay. FPL is taking action to restore the remnant man-made deep-cut canals adjacent to the CCS, by placing beach quality fill within the canals to restore the hydrology.

FPL's efforts are expected to improve water quality for manatees and other species.

The NRC staff finds that, given this information, continued operation of Turkey Point Units 3 and 4 will not appreciably diminish the ecological value of designated critical habitat within Biscayne Bay for the manatee. The Service concurs with this based on the following:

1. The identified areas of ammonia above Miami-Dade County's standard are limited to localized areas such as stagnant or dead-end canals, which do not provide preferred habitat for manatees.

2. The DERM is requiring FPL to submit and implement a mitigation plan to address potential CCS nutrient impacts to groundwater and surface water resources beyond the boundaries of the CCS.

3. The proposed action is not likely to adversely modify designated critical habitat for the West Indian manatee.

Based on the above information, the NRC staff finds that the proposed action may affect, but is not likely to adversely affect West Indian manatee's designated critical habitat.

Conclusion for the West Indian Manatee Although the West Indian manatee may occur within the Action Area, the NRC staff determined that any impacts from continued operation of Turkey Point Units 3 and 4 would be insignificant or discountable given that:

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1. Vessel strikes are unlikely based on the infrequent level of barge traffic and the facts that no such collisions have occurred to date and that operational activities would remain the same during the remainder of the current license and the proposed period of extended operations.

2. The areas of elevated ammonia are limited to localized areas such as stagnant or dead-end canals.

3. Exposure to manatees would be limited to short periods of time and, therefore, is not expected to significantly impact manatee behavior.

4. The DERM is requiring FPL to submit and implement a mitigation plan to address potential CCS nutrient impacts to groundwater and surface water resources beyond the boundaries of the CCS.

Based on the protective measures instituted, the Service concurs with NRC's determination that the proposed Project may affect, but is not likely to adversely affect the West Indian manatee.

STATUS OF THE SPECIES/CRITICAL HABITAT Please see Enclosures for the Status of the Species for the crocodile and indigo snake Species Status Assessment.

Critical habitat has not been designated for the indigo snake; therefore, it will not be discussed further in this Biological Opinion.

Summary of threats to the species/critical habitat American crocodile Modification and destruction of nesting habitat has been, and remains, the primary threat to the crocodile in South Florida. Much of the crocodile's coastal nesting habitat has been transformed to commercial and residential development and related infrastructure (i.e., stores, hotels, houses, buildings, roads, and parking areas). The majority or remaining nesting habitat, and the species' designated critical habitat, occurs within protected conservation areas (e.g., Everglades National Park). Sea level rise associated with climate change also has the potential to result in significant habitat loss through inundation of existing coastal areas used by crocodiles. Coastal areas within the southern tip of peninsular Florida have been designated as critical habitat for the crocodile

[see discussion in the enclosure: STATUS OF THE SPECIES/CRITICAL HABITAT -

American crocodile (Crocodylus acutus)].

Other threats to the crocodile include: human disturbance, road-related injuries and mortalities, and natural climatic events. Human disturbance due to human encroachment into crocodile habitat may alter normal behavioral patterns of crocodiles and may cause females to abandon nest sites. The level of disturbance is expected to increase as the population of South Florida grows and more people engage in recreational activities within conservation lands. The extensive roadway system in South Florida also poses a threat to the crocodile. As the crocodile population has increased over the past decades, the number of injuries and mortalities of crocodiles resulting from motor vehicle collisions has increased. Finally, natural climatic events such*as tropical storms, hurricanes, and cold fronts during winter have the potential to result in 21

crocodile mortalities, as demonstrated in the winter of2010 when a prolonged cold spell resulted in the death of at least 125 crocodiles throughout their range.

Eastern indigo snake The primary threats to this species include habitat loss and fragmentation from ongoing commercial and residential development throughout the state of Florida. Collisions with motor vehicles on Florida's extensive roadway system may be a significant source of indigo snake injury and mortality.

ENVIRONMENTAL BASELINE Status of the species/critical habitat within the Action Area American crocodile The number of crocodile nests at Turkey Point steadily increased from 1978 (the year the first nest was found) through the early 2000s (see Figure 2 and Figure 3). For example, FPL documented 1 to 2 nests per year from 1978-1981 and 10 to 15 nests per year from 1990-1995. The number of nests and hatchlings peaked in 2008 and 2009 when FPL documented 28 nests (in 2008) and captured 548 hatchlings (in 2009). FPL's Crocodile Management Plan and efforts to improve and create nesting habitat significantly contributed to the increase in the number of nests at Turkey Point, which in 2007, was considered the second largest breeding aggregation in Florida (71 FR 13027).

The number of nests and hatchlings, however, declined from 2009 to 2017 (see Figure 2 and Figure 3). In 2018, nesting numbers rebounded to 14 nests (FPL 2018). FPL (2010a) attributed the initial reduction in observed nests and hatchlings captured in 2010 to the record low temperatures recorded in South Florida during the winter of2009-2010. The cold winter may have caused a delay in successful courtship interactions or prohibited females from storing enough energy to reproduce. The number of nests and hatchlings captured increased from 2011-2014. The number of nests has rapidly decreased from 25 nests in 2014 to 8 or 9 nests from 2015-2017. Similarly, the number of hatchlings captured declined from 409 in 2015 to 119, 127, and 46 in 2015, 2016, and 2017, respectively.

FPL has conducted annual crocodile nest and hatchling surveys at Turkey Point since the first crocodile nest was discovered in 1978 (FPL 2018b). The current surveys include the following:

1. Night Surveys: An airboat survey of nesting hot spots conducted at night from April through mid-August each year. FPL records new nests, female activity, and hatchling activity.

2. Day Surveys: An airboat survey in the CCS to locate potential nests and monitor adult female visitation of nests, usually conducted early in the morning from April through mid-August each year. The goal is to locate all nest sites, locate hatchlings, and inform FPL's designation of hot spots.

3. Interceptor Ditch Survey: A truck survey, usually conducted in the early morning, along the interceptor ditch canal to document any crocodiles. Surveys occur once per week year-round when workload allows.

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4. Spatial Distribution Survey: Since 2009, an airboat survey of the entire CCS over three nights conducted by an FPL crocodile specialist and two University of Florida biologists.

Surveyors' record the size and location of all crocodiles observed.

5. Capture Survey: Since 2009, truck and airboat surveys at least three times a year to capture crocodiles, record body measurements, and gather biometric data. In 2015, blood sample collection was added.

6. Capture Surveys: Since 2015 in Biscayne Bay, three times a year crocodiles are captured.

data is collected on body measurements, biometric data, and blood samples taken.

FPL (201 Ob) plotted the crocodile nest locations within the CCS from 1978-2012 (see Figure 4). Nesting locations are generally clustered in two locations within the CCS: the southern portions and the northeastern corner. These areas tend to have the lowest water temperatures within the CCS. FPL used this spatial information in part to determine crocodile hot spots for surveys and to determine crocodile sanctuaries that are protected from various operational and maintenance activities as described in the current FPL Crocodile Management Plan.

Mazzotti and Cherkiss (2003) compared the nesting success, or proportion of all nests laid that produced at least one hatchling, between 1979 and 1999 at three nesting sites: Turkey Point, Everglades National Park, and North Key Largo. Turkey Point had the highest rate of nesting success (91-100 percent) as compared to 58 percent in Everglades National Park, and 48 percent in North Key Largo. Desiccation, predation, and flooding contributed to the lower success rate in the Everglades National Park. Desiccation was the main threat in North Key Largo.

Hatchlings, however, are likely harder to find in Everglades National Park and North Key Largo, which could have artificially reduced the success rate for these two sites (Mazzotti and Cherkiss 2003).

Mazzotti and Cherkiss (2003) also compared hatchling survival and growth rates among the three locations. Diminished growth rates is an important health indicator because it is more difficult for smaller hatchlings to avoid predators and find food. Hatchling survival was highest at North Key Largo, but hatchlings grew slightly faster at Turkey Point. Everglades National Park had the lowest survival and growth rate, likely due to the longer distance hatchlings needed to travel from nesting to nursery habitat. The female crocodile will often move hatchlings from the nest. FPL staff transport hatchlings after the female relocates them to nursery habitat if needed. Any hatchling that remains in the nest will also be moved to nursery habitat (FPL 2019). The primary risk to hatchlings at Turkey Point is the survival rate once FPL staff move hatchlings offsite to nursery grounds, where the hatchlings develop into juveniles and subadults (Mazzotti and Cherkiss 2003). The survival rate of Turkey Point hatchlings, juveniles, and subadult crocodiles once they are moved offsite to nursery grounds is currently unknown.

Current FPL Crocodile Management Plan The current FPL Crocodile Management Plan describes a variety of activities for creating and enhancing crocodile nesting habitat and for monitoring reproductive success, growth, and survival ofhatchlings (FPL 2018b). Key elements of the monitoring and habitat protection program include the following:

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1. Preserving and creating habitat suitable for crocodile nesting and basking.

2. Establishing exclusion zones at known nesting sites (also referred to as nest sanctuaries).

3. Daytime and nighttime monitoring surveys to document crocodile nesting activity and use of the CCS.

4. Capturing and tagging crocodile hatchlings using American Veterinary Identification Passive Integrated Transponder technology.

5. Relocation ofhatchlings to low-salinity (nursery) habitat during early life stages to increase survival.

6. Recapture, monitoring, and release of individuals to document growth and survival.

7. Removal of exotic plant species, particularly Brazilian pepper and Australian pine.

In addition, the FPL Crocodile Management Plan contains measures to protect crocodiles from human disturbances during operational and maintenance activities, including the following:

1. Constraints on vehicular traffic within the CCS at night and during critical periods of the nesting season.

2. Constraints on road maintenance and construction activities at night, during critical periods of the nesting season, and within known crocodile crossing sites.

3. Identification and avoidance of nest sanctuaries.

4. Training requirements for site personnel and contractors handling hatchlings and using equipment in the area.

FPL also created and implemented a crocodile awareness program to educate the public concerning the status of the crocodile in South Florida. Many of these activities are in accordance with Service's (1999) South Florida Multi-Species Recovery Plan. Furthermore, in reclassifying the Florida distinct vertebrate population segment of crocodiles from endangered to threatened in March 2007, the Service acknowledged that FPL's activities to create nesting habitat, monitor crocodile populations, and minimize disturbances during operations contributed to increases in nests, hatchlings, and the adult population of crocodiles in Florida (71 FR 13027).

From December 2005 through May 2019, FPL reported six vehicular collisions that resulted in mortality and one that resulted in physical trauma:

1. December 21, 2005, mortality (NRC 2019a).

2. May 27, 2006, mortality (NRC 2019a).

3. December 3, 2006, mortality (NRC 2019a).

4. September 25, 2008, mortality (NRC 2019a).

5. September 12, 2012, physical trauma (NRC 2019a).

6. July 23, 2014, mortality (NRC 2019a).

7. July 28, 2016, mortality (NRC 2019a).

These incidents account for all but one of the reported causal takes at Turkey Point. Most of these vehicular collisions occur when Turkey Point operational, security, or maintenance staff are driving and inadvertently run over a crocodile that is on the road to bask in the sun or a crocodile that is traveling across the road during the day or at night.

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There was one causal death that is not attributed to vehicle collision. On November 18, 2011, a crocodile was killed near an exploratory underground injection control well. In addition, there have been 22 documented crocodile deaths and injuries not related to plant operation at Turkey Point (NRC 2019a). These deaths have been attributed to intraspecific competition and other natural causes.

In its 2006 biological opinion, the Service initially anticipated an incidental take of one crocodile every five years in the form of accidental direct mortality associated with a vehicular collision (Service 2006a). On August 1, 2006, the Service amended the biological opinion because its incidental take limit due to vehicular collision was exceeded on May 27, 2006 (NRC 2006b).

The revised incidental take limit allows an incidental take of two crocodiles between May 2006 through May 2011, and one crocodile per year thereafter (Service 2006b). FPL has not exceeded its incidental take limit since August 2006.

In addition to these requirements, FPL's Crocodile Management Plan also includes several restrictions to minimize the risk of vehicular collisions, especially during the breeding and nesting seasons. For example, FPL restricts vehicular traffic within the CCS at night, during critical periods of the nesting season, and within known crocodile crossing sites. These reasonable and prudent measures, along with the Crocodile Management Plan, follow many of the recommendations within Service's (1999) crocodile recovery plan for South Florida.

Given that FPL must implement any reasonable and prudent measures included in its incidental take statement and that vehicular traffic from Turkey Point Units 3 and 4 will remain similar during the period of extended operations, the NRC expects a similar level of vehicular collisions, which has been slightly less than one mortality every 2 years since 2005.

Critical habitat Physical and biological features for crocodile critical habitat were not described when it was designated. The Service considers nesting substrate and foraging habitat to be essential habitat features for the species. Nesting habitat is characterized as sparsely vegetated sandy and marl soils adjacent to open water. Sites optimal for nesting provide appropriate soils for incubation, are generally protected from wind and wave action, and have access to deeper water (Service 1999). Crocodiles feed opportunistically and foraging habitat includes aquatic and upland areas.

Designated critical habitat for the American crocodile includes land, marine, and nearshore areas from the tip of Turkey Point, eastwards into portions of Biscayne Bay and Card Sound, and southwest towards the southern portions of Everglades National Park and Key Largo (50 CFR 17.95, "Critical Habitat-Fish and Wildlife"). The majority of the action area, including the CCS and the southeastern portion of the Turkey Point site, is designated critical habitat for the crocodile. The Action Area contains approximately 22,790 ac of crocodile critical habitat (Figure 1). While FPL has made improvements to critical habitat by adding nesting habitat and digging fresh water ponds, critical habitat within the CCS has degraded with increased salinity and decreased prey abundance.

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Eastern Indigo Snake FPL conducted indigo snake surveys in 2013, 2014, and 2016 under the Orianne Society's research permit within the Action Area and immediately adjacent to the Action Area within the Everglades Mitigation Bank (Orianne Society 2013, 2016). The FPL staff captured two indigo snakes in 2013, two in 2014, and four in 2016. Two of the 2016 captures were re-captures. FPL noted that captured snakes tended to occur along roads near mixed vegetation, poisonwood (trees), Australian pine trees, or mangroves. Within the Action Area, the Orianne Society and FPL (2018b) observed snakes along the south access road, on roads near the CCS, and in areas near the meteorological tower. An adult indigo snake was killed along the southern perimeter of the cooling canal system on May 21, 2019 (NRC 2019b). This 2019, sighting event is the most recently documented indigo snake within the Action Area.

There are 18,329 ac of potential indigo snake habitat in the Action Area. The remaining 5,683 ac of the Action Area are open water and would not be suitable for indigo snakes. It is difficult to estimate the density of indigo snakes in the total impacted suitable habitat due to a general lack of existing data and reliable survey methods. Therefore, data from other indigo snake studies in Florida were used to estimate snake density on the Project site. In Bauder et al. (2016), radio telemetry data was summarized to provide an estimated mean annual home-range size of 369 ac for males (n = 40) and 121 ac for females (n = 31 ). Considering overlap between the sexes, we estimate that the territory of one male and one female or two snakes could overlap the 18,329 ac impact area. .Considering overlap between the sexes we estimate there could be up to 49 males and 151 females or 200 snakes total within the 18,329-ac Action Area.

Factors affecting the species environment within the Action Area All of the Action Area contains land owned by FPL for over 50 years. Prior to building the Turkey Point facility, the Action Area was undeveloped wetlands and limestone fill (NRC 2019c). Restoration of mitigation areas not related to operation of Turkey Point Units 3 and 4 could positively impact listed species.

Climate change Our analyses under the Act include consideration of observed or likely environmental effects related to ongoing and projected changes in climate. As defined by the Intergovernmental Panel on Climate Change (IPCC), "climate" refers to average weather, typically measured in terms of the mean and variability of temperature, precipitation, or other relevant properties over time; thus "climate change" refers to a change in such a measure which persists for an extended period, typically decades or longer, due to natural conditions (e.g., solar cycles) or human-caused changes in the composition of the atmosphere or in land use (IPCC 2013, p. 1450). Detailed explanations of global climate change and examples of various observed and projected changes and associated effects and risks at the global level are provided in reports issued by the IPCC (2014 and citations therein). Information for the United States at national and regional levels is summarized in the National Climate Assessment (Melillo et al. 2014 entire and citations therein; see Melillo et al. 2014, pp. 28-45 for an overview). Because observed and projected changes in climate at regional and local levels vary from global average conditions, rather than using global scale projections, we use "downscaled" projections when they are available and have been 26

developed through appropriate scientific procedures, because such projections provide higher resolution information that is more relevant to spatial scales used for analyses of a given species and the conditions influencing it (See Melillo et al. 2014, Appendix 3, pp. 760-763 for a discussion of climate modeling, including downscaling). In our analysis, we use our expert judgment to weigh the best scientific and commercial data available in our consideration of relevant aspects of climate change and related effects.

Climate change may result in an increase in the intensity or frequency of tropical storms and hurricanes in Florida. The Atlantic Multi-decadal Oscillation (AMO) also influences rain patterns in Florida. We are currently in an AMO wet phase that is predicted to persist through 2020 (Miller 2010). The increased rainfall could affect the temperature-dependent sex determination of crocodiles and skew future sex ratios. Increased storm activity could also reduce nesting success of indigo snakes and crocodiles.

It is difficult to estimate, with any degree of precision, if a species will be affected by climate change or exactly how they will be affected. The Service will use Strategic Habitat Conservation planning, an adaptive science-driven process that begins with explicit trust resource population objectives, as the framework for adjusting our management strategies in response to climate change (Service 2006c).

EFFECTS OF THE ACTION Accidental release of radiation into environment due to operation of reactors NRC's analysis of the Project under the Act includes consideration of the likelihood that an accident during operation of the nuclear reactors would occur resulting in accidental release of radiation or radioactive materials into the environment, above what is currently deemed safe by NRC during normal operation of the reactors. The NRC indicates that the design, construction, and operation of nuclear power plants include many safety features that are intended to prevent the release of unsafe levels ofradiation or radioactive materials into the environment [NRC 2016a; see 10 CPR Part 50, Appendix 1], and mitigate the consequences of failures [10 CPR Part 100. Licensees of nuclear power reactors must also have emergency preparedness plans and protective action measures for the site and environs [see 10 CPR 50.47, 10 CPR Part 50, Appendix E, and NUREG-0654/FEMA-REP-1 (NRCl 980). Based on the safety measures required by the NRC, the Service finds it unlikely that the ongoing operation of Units 3 and 4 will result in an accidental release of radiation or radioactive materials that will result in harm to the environment, or to threatened and endangered species listed under the Act.

Effects by Species American crocodile Continued operation of Turkey Point would result in many of the same impacts that crocodiles in the Action Area currently experience given that operational and maintenance activities would remain the same during the remainder of the current licensing period and during the period of extended operations (FPL 2018b). The NRC identified six potential effects associated with the proposed action:

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1. Mortality and injuries from vehicular collisions.

2. Reduced nests and hatchling survival.

3. Crocodile health trends and body condition.

4. Impacts to wetland habitats.

5. Human disturbances.

6. Exposure to radionuclides.

Vehicular Collisions Vehicular collisions have been the primary human-induced source of adult crocodile mortality in South Florida from 1971 through 2007 (Mazzotti and Cherkiss 2003; 71 FR 13027). At Turkey Point, vehicular collisions are also a main source of human-induced mortality for crocodiles.

From December 2005 through May 2019, FPL reported six vehicular collisions that resulted in mortality and one that resulted in physical trauma:

1. December 21, 2005, mortality (NRC 2019a).

2. May 27, 2006, mortality (NRC 2019a).

3. December 3, 2006, mortality (NRC 2019a).

4. September 25, 2008, mortalityNRC 2019a).

5. September 12, 2012, physical trauma (NRC 2019a).

6. July 23, 2014, mortality (NRC 2019a).

7. July 28, 2016, mortality (NRC 2019a).

These incidents account for the all but one of the reported causal takes at Turkey Point. The majority of these vehicular collisions occur when Turkey Point operational, security, or maintenance staff are driving and inadvertently run over a crocodile that is on the road to bask in the sun or a crocodile that is traveling across the road.

In its 2006 biological opinion, the Service initially anticipated an incidental take of one crocodile every five years in the form of accidental direct mortality (Service 2006a). On August 1, 2006, the Service amended the biological opinion because its incidental take limit was exceeded on May 27, 2006 (NRC 2006b). The revised incidental take limit allows an incidental take of two crocodiles between May 2006 through May 2011, and one crocodile per year thereafter (Service 2006b ). FPL has not exceeded its incidental take limit since August 2006.

The Service's 2006 biological opinion requires FPL's adherence to the following reasonable and prudent measures to minimize the risk of take from vehicular collision:

1. Post four speed limit signs labeled as "Speed Limit 5 MPH" along Bechtel Road, where vehicle collisions have previously occurred.

2. Provide an informational bulletin on the crocodile to all Turkey Point employees once every 6 months that includes information about the onsite population, photographs of crocodiles, and descriptions ofhatchlings. The bulletin should also remind employees to observe speed limits at all times, to avoid interacting with crocodiles in any way, and to contact their supervisor if a crocodile is observed on or near a road.

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3. Present information about the onsite crocodile population twice per year at mandatory employee meetings. Presentations should be made during the crocodile mating and nesting season, which is when the onsite crocodile activity is greatest. The presentation should include information similar to that described above for the information bulletin.

4. Notify the Service's Vero Beach office, the NRC and the Florida Fish and Wildlife Conservation Commission (FWC) West Palm Beach office upon locating a dead or injured crocodile.

In addition to these requirements, FPL's Crocodile Management Plan also includes several restrictions to minimize the risk of vehicular collisions, especially during the breeding and nesting seasons. For example, FPL restricts vehicular traffic within the CCS at night, during critical periods of the nesting season, and within known crocodile crossing sites. These reasonable and prudent measures, along with the Crocodile Management Plan, follow many of the recommendations within Service's (1999) crocodile recovery plan for South Florida. FPL intends to continue to implement its Crocodile Management Plan through the period of extended operations.

Given that FPL must implement any reasonable and prudent measures included in its ITS and that vehicular traffic from Turkey Point Units 3 and 4 will remain similar during the period of extended operations, we expect a similar level of vehicular collisions, which has been slightly less than one mortality every 2 years since 2005.

Reduced Nests and Hatchling Survival Crocodile hatchlings require freshwater for proper development and are sensitive to increases in salinity (Service 1999). Although crocodiles have salt glands that excrete excess salt and physiological mechanisms to reduce water loss (Mazzotti 1989), hatchlings require low salinity water at least once per week to maintain an osmotic balance (or proper internal salt levels).

Moler (1991) determined that during periods oflow rainfall, when salinity increases within brackish waters, hatchlings do not gain weight and are less likely to survive during winter months. Based on this information, the Service (1999) determined that the availability of freshwater is essential to crocodile hatchling survival.

As described above, the number of nests and hatchlings captured at Turkey Point steadily increased from the 1970s through the early 2000s (see Figure 2 and Figure 3). The Service attributed this population growth to FPL's efforts to improve and create nesting habitat (71 FR 13027). The number of nests and hatchlings captured at Turkey Point peaked in 2008 and 2009 at 28 nests and 548 hatchlings captured, respectively, but have since declined. From 2015 to 2017, the number of nests within the CCS rapidly decreased from 25 nests in 2014 to 8 or 9 nests from 2015 through 2017 (FPL 2018b). Similarly, the number ofhatchlings captured declined from 409 in 2015 to 119, 127, and 46 in 2015, 2016, and 2017, respectively (FPL 2018b). Mazzotti (2015) noted that the number of nests and hatchlings captured in the CCS declined concomitantly with a decrease in the number of crocodiles observed within the CCS during spotlight surveys. The 2018 nesting season exhibited improvements in the both the nest (14) and hatchlings caught (225) numbers. FPL's salinity management plan required by the CO 29

is expected to continue to improve conditions for nesting and hatchlings. The Service expects to see the upward nesting trend continue.

The Service (2017a) determined that the most recent reduction in crocodile nesting and hatchling abundance was the result of the increase in water temperature and salinity, and the decrease in water quality in the CCS from 2013 through 2017. During this time period, the temperature increased*by 4 °C (7 °F) during certain times of the year, salinity increased to over 90 ppt during certain parts of the year, and an outbreak: of cyanobacteria (blue-green algae) greatly increased turbidity. The Service (2017) noted that the cause of these changes is unclear and likely due to multiple factors.

FPL (2018b) also noted a decline in the number of nests and hatchlings captured from 2015 through 2017. In its crocodile monitoring report for 2015, FPL (2016d) stated that the total number ofhatchlings captured has fluctuated over the past 30 years due to changing environmental conditions. FPL (2016d) suggested that the lower number ofhatchlings captured may be due in part to females moving hatchlings to hidden burrows, raccoon predation, or infertile clutches. In its most recent crocodile monitoring report, FPL (2018c) attributed the decline in hatchlings captured in part to difficultly in locating nests because crocodiles have been nesting in new areas, such as the interceptor ditch canal. FPL (2016d, 2017c, 2018c) also noted that the CCS experienced high salinity and algae levels during those years, and that rainfall, or increasing the amount of water into the system, was the quickest way to reduce salinity and temperature within the CCS.

FPL (2018b) also noted that while no mitigation is currently required for the decline in the number of nests and hatchlings, FPL has been taking actions to reduce salinity within the CCS.

These actions are required as part of its CA with the DERM and its CO with the FDEP. In 2017 and 2018, FPL added 4.5 billion gallons oflow salinity water from the Upper Floridan aquifer to the CCS (FPL 2019). Future monitoring data will help determine whether the required freshening activities restore the CCS to a level that previously supported the relatively high nesting activity and hatchling abundance documented prior to 2009. The Service expects that nesting crocodiles and hatchlings will respond positively to improved habitat conditions from the freshening activities.

In addition to the freshening activities, FPL's Crocodile Management Plan includes several activities that enhance and improve nesting habitat and help provide freshwater for hatchlings.

For example, FPL creates ponds with a fresh water len within nesting sites on the CCS and within the Everglades Mitigation Bank. Following the 2011 ESA, Section 7 consultation between the NRC and the Service related to the Turkey Point Units 3 and 4 extended power uprate, FPL excavated three additional freshwater ponds on existing CCS berms in the southwest portion of the system to provide additional sources of freshwater for crocodiles. In addition, FPL staff move hatchlings from the CCS to areas of fresher water to help increase the chances of survival. These activities resulted in beneficial impacts to crocodiles.

Separate from FPL's operation of Turkey Point Units 3 and 4, several other facilities either previously used the CCS or currently use the CCS as a source of cooling water. In 2016, FPL retired Turkey Point Unit 1, which was a fossil-fueled plant that previously used the CCS as a 30

source of cooling water. FPL also retired Turkey Point Unit 2 by 2016. The retirement of Units 1 and 2 decreased the amount of heat being discharged into the CCS.

In summary, the number of crocodile nests and hatchlings captured at Turkey Point steadily increased from 1978 through the early 2000s in large part due to FPL's efforts to improve and create nesting habitat onsite. However, since 2009, the number of nests and hatchlings captured have substantially declined. The Service (2017a) determined that the most recent reduction in crocodile nesting and hatchling abundance was the result of increased water temperature and salinity and decreased water quality in the CCS from 2013 through 2017. The Service (2017a) attributed the changes in water quality parameters to multiple factors, including FPL's 2014 increase in power production from Turkey Point Units 3 and 4, the discharge of vegetative cuttings within the CCS, and/or the lower-than-average precipitation in the area. FPL (2018b) also acknowledged the decline in the number of nests and hatchlings captured from 2015 through 2017, and is conducting several activities to improve water quality within the CCS and to continue to protect and improve crocodile nesting habitat. The 2018 nesting numbers show improvement that the Service expects to see continue with improving water quality.

Although nesting success was high in 2014 during high saline conditions, it is the Service's opinion that the effects of stress, dehydration, and malnutrition took time to have an effect on nesting success. Based on hatchling requirements for freshwater and the decline in the CCS water quality, the current conditions within the CCS are having an adverse impact on crocodile nesting and hatchling success. During the proposed period of extended operations, FPL's efforts to freshen the CCS, as required by the CO will improve the conditions in the CCS. The improved conditions will likely lead to continued growth in the number of nests and hatchlings at Turkey Point. FPL currently conducts, and intends to continue to conduct during the proposed period of extended operations; several activities that are part of its Crocodile Management Plan that substantially benefit crocodiles. In conclusion, the current conditions within the CCS are having an adverse impact on crocodiles, and that this impact will likely be decreased as a result of the CO and CA to freshen the CCS. The CCS will likely provide more favorable nesting habitat once the terms of the CO and CA have been achieved, which is reasonably expected to occur prior to the start of the proposed license renewal terms for Turkey Point Units 3 and 4 (2032 and 2033 to 2052 and 2053, respectively). The increase of nests and hatchlings in 2018 is a sign that the efforts to improve the water quality are starting to be successful at improving conditions for crocodiles.

Crocodile Health Trends Crocodiles typically inhabit fresh and brackish waters, but may also inhabit hypersaline habitats, especially during periods of drought. For example, crocodiles larger than 7 ounces have sufficient mass to withstand osmoregulatory stress demands during temporary droughts (Mazzotti and Dunson 1984). Prolonged exposure to extreme hypersaline conditions, however, can lead to physiological stress for crocodiles. In such cases, crocodiles may either remain within the lower quality habitat, which could result in dehydration and starvation if prey are also affected, or move to wetlands or mangroves with lower salinity water.

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Within the Action Area, the hypersaline condition of the CCS has been a consistent condition over the past several years. For example, the salinity within the CCS was similar to the salinity in Biscayne Bay, approximately 34 psu, in the 1970s (FPL 2018a). By the 2000s, the salinity within the CCS was twice the average concentration of seawater, 60 psu (FPL 2018a). From 2014 through 2015, the salinity increased to 90 ppt at certain times of the year, generally following periods oflow rainfall (Squires et al. 2017). The average annual salinity for 2017-2018 compliance year was 50.92 psu (FPL 2017b).

In addition to the potential effects from dehydration from the high-salinity waters, the degradation of the CCS may also have led to lower prey availability. Adult crocodiles consume a wide variety of prey, although some reports suggest that fish is a primary food source (Service 1980). Within aquatic habitats, crocodiles forage within seagrass beds (UF undated b).

At Turkey Point, no studies have been conducted to determine the diets of crocodiles.

However, the availability of certain fish species and seagrass foraging habitats declined rapidly or disappeared completely from the CCS following the hypersaline, warm conditions beginning with the warm conditions in the early 2010s.

The CCS went through a pronounced ecosystem shift from a seagrass-dominated system to an algal-dominated ecosystem. The loss of seagrass and increase in nutrients, turbidity, salinity, temperature, and algae limited the number of fish species that could likely tolerate such conditions. For example, in 2007, FPL (2014) reported eight species to occur in the CCS. By 2016, however, EAI (2017) collected only the following four species from the CCS: sheepshead minnow, sailfin molly, eastern mosquitofish, and mudflat fiddler crabs.

Before this 2016 survey, a number of fish, mollusks, crabs, and submerged aquatic vegetation were also observed or recorded as occurring in the CCS. These species have either been eliminated from the CCS or persist in such low numbers that they were not collected during the 2016 survey. Submerged aquatic vegetation was determined to be completely absent from the CCS at the time of the 2016 survey, and EAI (2017) stated in its report that although temperature-related stress and high salinity can contribute to seagrass decline, it is likely that increased turbidity is the main cause of seagrass beds die..:off. EAI's report recognizes that high temperatures, hypersaline conditions, and dissolved oxygen below 4.0 mg/L caused the decline of fish and other aquatic biota and the observed shift towards more heat-tolerant species in recent years.

The FDEP required FPL to perform health surveys before and after the Turkey Point extended power uprate as described in FDEP' s (2016b) Conditions of Certification, Condition XVII.B.1.

The most recent survey indicated that crocodiles within the CCS are exposed to prolonged stress, as evidenced by higher levels of cortisol (corticosterone) from 2009-2016. During this period, Turkey Point crocodile cortisol levels were elevated compared to crocodiles captured in other parts of Everglades National Park (Squires et al. 2017). During 2015, Squires et al. (2017) determined that starvation likely contributed to the observed higher physiological stress levels for the crocodiles caught in the CCS. In addition, in 2015 and 2016, elevated sodium, chloride, total protein, and hematocrit (i.e., red blood cell percentage) levels suggested that a portion of crocodiles in the CCS were dehydrated (Squires et al. 2017).

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Squires et al. (2017) calculated Fulton's K, which is a quantitative estimate of body condition that takes into account a crocodile's nutritional condition. Figure 5 shows the relationship between the Fulton's K measure of crocodile body condition and salinity levels in the CCS between 2009 and 2016. Squires et al. (2017) conducted a statistical analysis to examine the relationship between body condition and various environmental conditions. The study determined that water temperature did not have a significant effect on body condition, but that maximum water temperature and maximum salinity negatively affected body condition for

• crocodiles. These results suggest that the extremely hypersaline water within the CCS is having an adverse impact on the health of crocodiles within the CCS.

The NRC staff finds that the continued operation of Turkey Point Units 3 and 4 may affect and is likely to adversely affect the crocodile primarily due to takes associated with vehicular collisions. At Turkey Point, vehicular collisions are the leading cause of mortality for crocodiles. From December 2005 through present, FPL reported six vehicular collisions that resulted in crocodile mortality and one physical trauma that did not result in mortality.

Additionally, for the past several decades, FPL has implemented a Crocodile Management Plan at the Turkey Point site that has resulted in significant, beneficial impacts to the crocodile and its designated critical habitat. In reclassifying the species from endangered to threatened in March 2007, the Service acknowledged that FPL's activities to create nesting habitat, monitor crocodile populations, and minimize disturbances during operations contributed to the substantial increases in nests, hatchlings, and adult population of crocodiles in Florida (71 FR 13027). More recently, however, the body condition for crocodiles has substantially declined from 2013 to 2015, and nest and hatchling abundance has also decreased. Squires et al. (2017) determined that the maximum water temperature and maximum salinity within the CCS negatively affected body condition for crocodiles. Squires et al. (2017) also concluded that crocodiles within the CCS exhibited higher physiological stress levels than crocodiles within the surrounding areas, likely due to starvation and dehydration. Based on the significantly higher physiological stress for crocodiles in the CCS, the significant relationship between salinity and crocodile body condition, and the reduction in nest and hatchling abundance, the NRC staff finds that the current conditions*within the CCS are having an adverse impact on crocodiles. As described above, the operation of Turkey Point Units 3 and 4 is contributing to changes in the CCS water quality (e.g.

flow within the CSS), along with several other important environmental factors (e.g. rainfall, decomposition of vegetation within the CCS).

During the proposed period of extended operations, FPL's efforts to freshen the CCS, as required by the CO, will improve the conditions in the CCS. FPL's 2016 Turkey Point Cooling Canal System Nutrient Management Plan has had positive progress in reducing nitrogen and phosphorus levels in the CCS. This plan also includes the planting of three acres of seagrass and the installation of the protein skimmer devices (FPL 2019). The Service expects that these efforts will decrease the physiological stress for crocodiles, improve nesting habitat, and may allow for more crocodiles to reinhabit the CCS. Additionally, FPL (2018b) intends to continue to implement a Crocodile Management Plan during the remainder of the current licensing period and throughout the period of extended operations, which will continue to result in substantial beneficial impacts to the crocodile.

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In conclusion, the NRC staff finds that the current conditions within the CCS are having an adverse impact on American crocodile nests, hatchlings, and body condition, and that these impacts will likely decrease as a result of the CO and CA (FPL 2018b). The CCS will likely provide more favorable nesting and foraging habitat as the terms of the CO and CA are achieved, which is reasonably expected to occur prior to the start of the proposed license renewal terms for Turkey Point Unit Nos. 3 and 4 (2032 and 2033 to 2052 and 2053, respectively). The Service concurs with this opinion.

Squires et al. (2017) noted that 2016 was the first year of increased body condition and observed crocodile numbers since the decline begin in 2013. These results suggest that some crocodiles may have shifted their habitat use and moved out of the CCS into surrounding wetlands and mangroves. In addition, as the conditions within the CCS improve based on the freshening activities required by FPL's CO with the FDEP, more crocodiles may return to the CCS.

The FDEP did not require health surveys beyond 2015. In 2016, the Service requested that surveys be conducted for another 3 to 5 years. FPL agreed to conduct an additional health study in 2017 (FPL 2017d) and again in 2018 (FPL 2018d). FPL has agreed to continue surveys (FPL 2019).

Based on the above, it is reasonable to assume that conditions within the CCS will continue to improve given that Turkey Point Units 1 and 2 retired in 2016 and no longer discharge heated water into the CCS and because FPL is required to decrease the salinity in the CCS, implement a nutrient management plan for the CCS under its CA with the DERM and its CO with the FDEP, and restore seagrass in portions of the CCS based on its current Nutrient Management Plan. In addition, Squires et al. (2017) predicts that crocodile health will continue to improve as the CCS becomes less physiologically stressful and aquatic prey levels increase as a result of the freshening activities required by FPL's CO with the FDEP. Nonetheless, some uncertainty exists regarding the future quality of crocodile foraging habitat within the CCS once the terms of the CA and CO are achieved. For example, seagrass restoration is not required throughout the entire CCS and seagrass may not naturally repopulate large portions of the CCS even if water quality improves due to the complex and specific environmental conditions seagrass require to grow. In addition, given that the CCS does not have a direct surface water connection with any waterbodies, any species that was previously extirpated from the CCS would not be able to independently migrate into and repopulate within the CCS.

In conclusion, the NRC staff finds that the current conditions within the CCS are having an adverse impact on crocodile nests, hatchlings, and body condition, and that these impacts will likely decrease as a result of the CO and CA that require FPL to freshen the CCS (FPL 2018b).

FPL is continuing the crocodile health surveys, and the Service expects to see improvement in crocodile conditioning. The Service concurs with this opinion. The CCS will likely provide more favorable nesting and foraging habitat once the terms of the CO and CA have been achieved, which is reasonably expected to occur prior to the start of the proposed license renewal terms for Turkey Point Units 3 and 4 (2032 and 2033 to 2052 and 2053, respectively).

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Impacts to Wetlands Habitats Anthropogenic changes in the amount and timing of freshwater flow to South Florida substantially influences the health and species composition of estuarine and freshwater wetlands in South Florida. The Service (1999) determined that although no direct causal relationship exists between freshwater flow alterations and changes in the size of the crocodile population, some of the population decline through the 1970s can likely be attributed to changes in the amount and timing of surface water flow to South Florida. The Service (1999) also concluded that when added to all other natural and anthropogenic sources of mortality, wetland habitat degradation could have substantial impacts on crocodile nesting and hatchling survival.

While the continued operation of Turkey Point would not result in any direct wetland loss or habitat fragmentation, indirect impacts to wetland habitat could occur due to the hypersaline groundwater plume associated with the CCS, dewatering activities, and site runoff. In association with its site certification from the State of Florida for the most recent extended power uprate, FPL developed a vegetative monitoring plan (FPL 2009b) to survey plots of freshwater marsh and mangrove habitat immediately adjacent as well as further from the CCS. Both sawgrass height and live biomass, the reference transect exhibited similar growth patterns as the transects closer to the CCS. These growth patterns suggest that large, landscape-scale environmental factors, such as the hydroperiod or overall water depth, affect changes in sawgrass growth more so than the distance from the CCS. In addition, the fluctuations in sawgrass height and live biomass over time suggest that there is a high degree of natural variability influenced by multiple environmental parameters. Given that FPL's ecological monitoring study does not indicate that operation of Turkey Point, including the CCS, is having measurable impacts on adjacent wetland habitat, the proposed action would not alter the quality of nearby wetlands habitat in any measurable way.

In 2017, the SFWMD issued Permit 13-06251-W for FPL to recover and extract hypersaline groundwater (SFWMD 2017). The use of recovery wells has the potential to impact wetland growth because vegetative growth and species composition is directly related to water depth and the hydroperiod (UF undated et al. 2012). As part of the permitting process, the SFWMD (2017) modeled drought conditions (up to a 1-in-10 drought) and determined that a maximum drawdown ofless than 0.3 feet (ft) could occur west and north of the CCS under drought conditions during operation of the wells. This includes both onsite and offsite wetlands that are west of the CCS. The SFWMD determined that the L-31E Canal would provide some buffering of the drawdow.n area due to canal storage. In conclusion, the SFWMD, (201 7) stated that "the potential for harm to occur to wetlands as a result of the authorized withdrawal of the recommended allocation is considered minimal." Minimal degradation of freshwater wetlands or mangroves would result in insignificant impacts to the crocodile because the relative amount of affected wetlands that could experience minor degradation would be a very small portion of the available wetlands within the Action Area and adjacent to the Action Area. Based on the minimal impacts to a small proportion of the wetlands adjacent to the CCS, the NRC staff does not expect that the recovery wells system would adversely alter the quality of nearby crocodile foraging habitat.

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Runoff of contaminants, sediments, herbicides, and oils to onsite and offsite wetlands could also degrade this important habitat. Stormwater runoff from impervious surfaces can change the frequency or duration of inundation and soil infiltration within wetlands, mangroves, and neighboring terrestrial habitats. Effects may include erosion, altered hydrology, sedimentation, and other changes to plant community characteristics. Such impacts would be minimized at Turkey Point since FPL uses a stormwater conveyance system, which collects stormwater and minimizes the amount of excess runoff that wetland habitats outside the CCS receive. In addition, FDEP regulations require a stormwater permit and SWPP for any land disturbing maintenance activities. FPL's SWPP plan identifies potential sources of pollutants that could affect stormwater discharges and describes the best management practices that FPL uses to reduce pollutants in stormwater discharges to ensure compliance with applicable conditions of the permit (FPL 2018b). Best management practices include soil stabilization, such as seeding and structural controls (e.g., silt fences). FPL has also developed a spill prevention control and countermeasures plan that identifies and describes the procedures, materials, equipment, and facilities it uses to minimize the frequency and severity of oil spills (FPL 2018a). Collectively, these measures ensure that the effects to wetland habitats would be minimal during the current and proposed license renewal terms.

Given that these impacts would result in minor if any changes to wetland habitats, the continued operations would have an insignificant impact on the vegetative community or other prey resources for the crocodile within freshwater wetlands or mangroves. As such, wetlands within the Action Area would continue to provide foraging habitat for the crocodile. SFWMD's modeling studies suggest that dewatering effects to wetlands would be minimal; SFWMD determined that such potential degradation would be minor and limited to a small portion of the available wetland habitat. Therefore, such activity would result in insignificant impacts to the crocodile because the relative amount of affected wetlands that could experience minor degradation would be a very small portion of the available wetlands within the Action Area and adjacent to the Action Area. If wetlands are degraded to a degree that cause a decline in habitat quality, crocodiles could find other adequate wetland foraging habitat nearby. Therefore, the NRC staff finds that the proposed action would not adversely impact foraging activity for the crocodile.

Human Disturbances Human disturbances can negatively impact crocodiles, especially during the nesting period.

Kushlan and Mazzotti (1989) suggested that repeated close human presence may cause female crocodiles to abandon nests or relocate nest sites. At Turkey Point, human disturbance is limited to plant workers because the public cannot enter the site. In its species recovery plan, the Service (1999) determined that human exclusion may be the best management technique for protecting crocodiles. Similarly, when reclassifying the species from endangered to threatened, the Service noted that Turkey Point is closed to public access, a condition that helps to protect crocodiles (71 FR 13027).

Despite screens in place to minimize intake, crocodiles are occasionally impinged within the Turkey Point intake system. To remove crocodiles that are trapped within the intake or other onsite structures, Turkey Point personnel follow the guidelines within FPL's Crocodile 36

Management Plan, which includes securing any live crocodiles and releasing them within suitable habitat. This activity is currently covered under the ESA Section 1O(a)(l )(A) scientific research permit associated with FPL's crocodile monitoring (TE092945-3).

Operational activities, such as herbicide treatment, vegetative trimming and mowing, removals of invasive species, and infrastructure maintenance, could result in limited disturbance or displacement of crocodiles. However, most of these activities occur within developed portions of the site that do not provide suitable habitat for crocodiles and where crocodiles are unlikely to occur. In addition, crocodiles at Turkey Point are likely acclimated to some amount of human activity because industrial activity has occurred on the site since crocodiles began using the CCS as habitat. Noise levels and human activity during the proposed period of extended operations would remain similar to the noise levels and human activity that crocodiles are exposed to during current operations. As such, they would not likely cause any additional disturbances that would push crocodiles to avoid or abandon habitat within the Action Area.

In addition, FPL's Crocodile Management Plan lists several measures to reduce disturbances to crocodiles, especially during the nesting season, including:

Constraints on vehicular traffic within the CCS at night and during critical periods of the nesting season.

1. Constraints on road maintenance and construction activities at night, during critical periods of the nesting season, and within known crocodile crossing sites.

2. Identification and avoidance of nest site sanctuaries.

3. Prohibitions on the removal of invasive species in or around active crocodile nest sites from March to August every year.

4. Training requirements for site personnel that handle hatchlings and use equipment in the area.

5. Human disturbance is limited to workers due to restricted public access.

Potential Radiological Exposure Radionuclides may be released from nuclear power plants into the environment via a number of pathways. Releases into terrestrial environments often result from deposition of small amounts of radioactive particulates released from power plant vents during normal operations.

Radionuclides may also be released into the aquatic environment from the liquid effluent discharge line. Radionuclides that enter shallow groundwater can be taken up by terrestrial plant species, including both upland species and wetland species, where wetlands receive groundwater discharge. Terrestrial biota may be exposed to ionizing radiation from radionuclides through direct contact with water or other media, inhalation, or ingestion of food, water, or soil.

The NRC (2013) examined dose exposure rates for terrestrial and aquatic animals and plants at 15 power plant sites based on reported radionuclide concentrations in water, sediment, and soils at each site. The NRC staff determined that exposure to radionuclides would be of small significance for terrestrial and aquatic organisms for all nuclear power plants because exposure would be well below U.S. Environmental Protection Agency and U.S. Department of Energy guidelines developed to protect biota. The NRC defines "small" to mean that environmental 37

effects are not detectable or are so minor that they will neither destabilize nor noticeably alter any important attribute of the resource.

Designated critical habitat for crocodiles Nesting habitat within critical habitat Nesting substrate within the Action Area includes raised berms within the CCS. Maintenance activities could result in some ground disturbance to critical habitat that provides nesting substrate. Such activities would include hand and mechanical vegetative control, hand and mechanical debris removal, maintenance of the CCS access roads (e.g., mechanical scrapping and aggregate placement), underground piping repair (e.g., digging and equipment staging), and equipment replacement at groundwater wells and monitoring stations. These activities could degrade the quality of nesting habitat by removing or crushing native vegetation. In addition, equipment could compact soil or create depressions, which would make it more difficult for crocodiles to prepare and dig nests. However, the amount of nesting habitat that would be impacted by the proposed action would be a small percentage of the available nesting habitat within the Action Area. In addition, FPL's environmental control program, Crocodile Management Plan, and the CCS berm maintenance procedures, which FPL intends to continue during the period of extended operations, would minimize the majority of impacts, as described below.

FPL follows, and intends to continue to follow during the period of extended operations, its environmental control program for maintenance activities or other ground disturbing activities that could result in land clearing or excavation, or could result in other activities which would alter the physical environment or ecology of the site. The procedures direct FPL personnel to obtain appropriate local, State, or Federal permits (or some combination of the three) prior to beginning work; familiarize themselves with existing permit and procedural requirements to protect ecological resources; implement best management practices to protect wetlands, natural heritage areas, and sensitive ecosystems; and consult the appropriate agencies, such as the Service, wherever Federal or State-listed species may be affected. In addition, the procedures include environmental review questions and checklists that screen activities for compliance with current requirements and identify activities that would cause environmental impacts, such as disturbances to natural areas or impacts to wetlands.

FPL's (2018b) crocodile management program also includes procedures to minimize impacts to nesting habitat within the Action Area. For example, FPL constrains road maintenance and construction activities at night, during critical periods of the nesting season, and within known crocodile crossing sites at and near nesting locations.

FPL' s (2018b) CCS berm maintenance procedures would also avoid or minimize impacts from maintenance activities within designated critical habitat, especially during the nesting season.

For example, FPL prohibits work in or around active crocodile nests sites from March through August. Furthermore, the procedures also state that any ground disturbing work within crocodile sanctuaries or critical habitat will avoid creating depressions or compacting the soil on berms, which could inhibit a crocodile's ability to dig to prepare its nesting site. Lastly, FPL requires 38

the onsite crocodile program biologist to review and approve any work within crocodile sanctuary or critical habitat, and such work is conducted by trained staff.

In addition to minimizing impacts, many ofFPL's procedures would result in beneficial impacts to nesting habitats during the remainder of the current license and were the operation of Turkey Point Units 3 and 4 extended from 2032 and 2033 to 2052 and 2053, respectively. As part of FPL's Crocodile Management Plan, FPL creates and preserves nesting habitat within the Action Area. In addition, FPL surveys areas within the Action Area to locate nest sites, labels the areas as crocodile sanctuaries, and restricts certain operation activities within crocodile sanctuaries to reduce human disturbances during nesting season. FPL also removes nonnative species within the CCS berms as part of its maintenance procedures. Within crocodile sanctuaries, FPL maintains native vegetation after removing non-native species. In addition, FPL creates fresher water ponds within nesting sites on the CCS and within the Everglades Mitigation Bank.

Following the 2011 ESA Section 7 consultation for the extended power uprate, FPL excavated five additional freshwater ponds on existing CCS berms in the southwest portion of the system to provide additional sources of freshwater for crocodiles. Lastly, nesting habitat within the Turkey Point site is protected from human disturbances because Turkey Point is not open to the public (FPL 2018b).

The continued operations Turkey Point Units 3 and 4 may result in minor disturbances within nesting habitat, these impacts would not diminish the value of critical habitat for the conservation of the species based upon the following:

1. The small percentage of available nesting habitat that would be impacted

2. FPL's environmental control program, Crocodile Management Plan, and the CCS berm maintenance procedures that would minimize and avoid certain impacts

3. FPL's crocodile management program, which creates, improves, and preserves nesting habitat for the crocodile Foraging Habitat within Critical Habitat Foraging habitat within the Action Area includes freshwater wetlands, mangroves, and the CCS.

The NRC staff examined potential impacts to wetlands from the hypersaline groundwater plume associated with the CCS, dewatering activities, and site runoff. Impacts to wetlands would be minimal based on FPL's wetland monitoring data, SFWMD's modeling studies, and FPL's efforts to minimize impacts through implementation of its environmental compliance procedures, best management practices, SWPP plan, and spill prevention control and countermeasures plan.

Given that any impacts would be minimal and localized, these impacts would not diminish the value of critical wetland habitat for the conservation of the species.

Crocodile foraging habitat within the CCS has significantly changed due to an increase in water salinity, temperature, and nutrient levels from 2009 through 2015. For example, in the 1970s, the salinity within the CCS was similar to the salinity in Biscayne Bay, approximately 34 psu (FPL 2018a). By the 2000s, the salinity within the CCS was twice the average concentration of seawater at 60 psu (FPL 2018a). From 2014 through 2015, the salinity increased to 90 ppt at certain times of the year, generally following periods of low rainfall 39

(Squires et al. 2017). Service (2017a) attributed the increase in salinity to the operation of Units 3 and 4, the discharge of vegetative cuttings within the CCS, and the lower than average precipitation in the area. EAI 2017 documented decreased species richness and diversity for fish populations in in the CCS. This is finding is similar to other studies in areas impacted by the thermal influence of power plant water discharges (EAI 2017, Teixeira et al. 2012). In addition, EAi (2017) determined that seagrass, a foraging habitat for the crocodile, no longer occurs within the CCS.

Recent crocodile monitoring data suggest that the number of nests and hatchlings in the CCS has significantly decreased during the period of time that the salinity increased. In addition, Squires et al. (2017) found a significant relationship between the maximum salinity level within in the CCS and lower body condition for crocodiles. Squires et al. (2017) also documented higher levels of starvation and dehydration for the crocodiles caught in the CCS than that expected for a healthy crocodile population. Based on the significantly higher physiological stress for crocodiles in the CCS and the significant relationship between salinity and crocodile body condition, the NRC staff finds that the current conditions within the CCS are having an adverse impact on crocodiles. The Service agrees with this conclusion.

FPL is currently conducting several required activities to mitigate habitat degradation within the CCS based on its CO with the FDEP. The NRC thinks it is reasonable to assume that water quality within the CCS will continue to improve given that Turkey Point Units 1 and 2 were retired by 2016 and that FPL is required to decrease the salinity in the CCS, implement a nutrient management plan for the CCS, and restore seagrass within portions of the CCS based on its CO with the FDEP. In addition, Squires et al. (2017) predicts that crocodile health will continue to improve as the CCS becomes less physiologically stressful and aquatic prey levels and diversity increase as a result of the freshening activities.

Continued operations would diminish the value of critical habitat for the conservation of the species with respect to foraging in the CCS. Based upon the above information, the NRC staff finds that the current conditions within the CCS are diminishing the value of critical habitat in the ccs*for crocodiles. The Service concurs with this opinion. The operation of Turkey Point Units 3 and 4 is contributing to changes in the CCS water quality. During the proposed period of extended operations, FPL's efforts to freshen the CCS, as required by the CO will improve the conditions in the CCS and reduce the impacts from the hypersaline CCS water. The improved conditions within the CCS will likely increase the value of designated critical habitat within the CCS. FPL currently conducts, and intends to continue to conduct during the proposed period of extended operations, several activities that are part of its Crocodile Management Plan that substantially improve critical habitat. In conclusion, the NRC staff finds that the current conditions within the CCS are diminishing the value of designated critical habitat within the CCS, and that the value of this critical habitat will likely increase as a result of the CO that require FPL to freshen the CCS. Thus, the CCS will likely provide more favorable habitat once the terms of the CO and CA have been achieved, which is reasonably expected to occur prior to the start of the proposed license renewal terms for Turkey Point Units 3 and 4 (2032 and 2033 to 2052 and 2053, respectively). The Service concurs with this determination.

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Eastern indigo snake Continued operation of Turkey Point would result in many of the same impacts that indigo snakes in the Action Area currently experience given that operational and maintenance activities would remain the same during the remainder of the current and during the period of extended operations (FPL 2018b ). The NRC and Service identified four potential effects associated with the proposed action:

1. Mortality and injuries from vehicular collisions.

2. Mortality and injuries from heavy equipment.

3. Human disturbances.

4. Impacts to wetland habitats.

Vehicular collisions The Service (2017 a) stated that vehicular collisions may be a significant source of indigo snake injury and mortality. FPL currently conducts several activities to minimize the potential for vehicle collisions with indigo snakes. For example, FPL currently conducts employee training for indigo snake awareness and posts signs around construction zones that contain pictures and descriptions of the snake, warnings against disturbing the snake, and contact information for reporting a sighting of the indigo snake (FPL 2018b). FPL (2018b) stated that it will continue these activities during the proposed period of extended operations.

From 2013 to 2016, FPL staff with the support of the Orianne Society observed eight indigo snakes in roadways, especially along the Turkey Point south access road. The Survey datasheets also noted that Turkey Point personnel noticed the snakes on the roadways and stopped their vehicles to prevent any injury or harassment to the snakes (Orianne Society 2013).

The Service concludes that there is a substantial population of indigo snakes in the Action Area based on the number of observations of this elusive fossorial animal and the amount of potential habitat. Given that a considerable population of indigo snakes occur on the Turkey Point site and, that snakes use the roadways within the Action Area for basking or moving between habitats, it possible that a future vehicular collision could occur between Turkey Point vehicles and an indigo snake.

Heavy equipment In 2007, FPL reported a dead indigo snake in the Everglades Mitigation Bank. The FPL staff were using heavy equipment to clear exotic vegetation within a crocodile sanctuary in the mitigation bank when they discovered the dead snake below the rootball of removed brush (FPL 2018e In its report, FPL determined that the cause of death was due to the use of heavy equipment. FPL contacted the FWC and collected the carcass to be shipped to the Fish and Wildlife Department (NRC 2007). FPL also contacted the Service (FPL 2018e). The mortality was associated with Everglades Mitigation Bank activities; it was not associated with Unit 3 and 4 operations, nor was the snake discovered on the Turkey Point site. Nonetheless, this mortality, which occurred in the mitigation bank adjacent to the Turkey Point site, suggests that indigo snake injury or mortality from use of heavy equipment associated with Units 3 and 4 operations 41

in the Action Area is possible. During the proposed period of extended operations, Turkey Point Units 3 and 4 activity levels will remain approximately the same as for current operations (FPL 2018b).

On May 21, 2019, FPL found the back% of an indigo snake on the Turkey Point site during vegetation maintenance activities along the southern perimeter of the CCS. The maintenance activities were associated with a project to remove a monoculture of Australian pine, an invasive tree that has formed a monoculture stands on the site.

Human disturbances Human disturbances at Turkey Point are limited to workers because FPL does not allow the public to freely access the site. Operational activities such as herbicide treatment, vegetative trimming and mowing, and infrastructure maintenance could disturb or displace the indigo snake.

However, most of these activities occur within the developed portion of the site, which is not the portion of the site with suitable snake habitat. Noise and human activity levels during the proposed period of extended operations would remain similar to those levels during the current operations and are thus unlikely to cause the snake to avoid or abandon habitat within the Action Area. In addition, indigo snakes at Turkey Point are likely acclimated to some amount of human activity because industrial activity has occurred on site for several decades. Therefore, the human disturbances during continued operation of Turkey Point Units 3 and 4, such as disturbances from maintenance and infrastructure repair activities, would result in insignificant or discountable effects to the indigo snake.

Impacts to wetland habitat Indirect impacts to wetland habitat could occur due to the hypersaline plume associated with the CCS, dewatering activities, and site runoff However, SFWMD's modeling studies showed "the potential for harm to occur to wetlands as a result of the authorized withdrawal of the recommended allocation is considered minimal," and FPL's efforts to minimize impacts through implementation of its environmental compliance procedures, best management practices, SWPP plan, and spill prevention control and countermeasures plan. Given that these impacts would result in minor if any changes to wetland habitats, the NRC staff determined that continued operations would have an insignificant impact on the vegetative community or other prey resources for the indigo snake. As such, wetlands within the Action Area would continue to provide foraging habitat for the indigo snake and continued operation of Turkey Point Units 3 and 4 would not adversely impact foraging activity for this species.

Although indigo snakes benefit from exotic vegetation removal and the restricted access of the Action Area, the NRC staff finds that continued operation of Turkey Point Units 3 and 4 could result in adverse impacts to the indigo snake because a substantial population of indigo snakes occur on the Turkey Point site, snakes use the roadways within the Action Area for basking or moving between habitats, and two snakes were killed conducting an activity (e.g., removal of exotic vegetation) that will occur during the remainder of the current license and during the proposed period of extended operations. Therefore, the NRC staff finds it possible that future 42

mortality of an indigo snake could occur in the Action Area. The Service agrees with NRCs conclusions.

FPL has suggested the following indigo snake minimization measures:

1. Continue to provide indigo snake awareness training to all employees and contractors working at the site.

2. Place indigo snake awareness signs in areas where maintenance activities will occur.

3. Provide an indigo snake observer when maintenance activities are occurring near vegetation piles where indigo snakes are likely to be present.

4. Remove (bum) vegetation piles as quickly as possible to reduce opportunities for the snakes to use the vegetation as habitat.

The NRC staff determined that potential impacts to wetland habitats, potential impacts from human disturbances, potential impacts from exposure to radionuclides, and potential impacts from ground disturbing activities are not likely to adversely affect the indigo snake because these impacts would be insignificant or discountable. The minimization measures should reduce the impacts of operation on indigo snakes. This Service agrees with this assessment.

Beneficial effects The area is closed to the public and there is less human disturbance than in a typical developed area. The removal of exotic vegetation could open areas for basking.

American crocodile and designated critical habitat for American crocodile FPL has implemented a Crocodile Management Plan for several decades at the Turkey Point site (FPL 2018b ). The Crocodile Management Plan has resulted in significant, beneficial impacts to the crocodile population and its designated critical habitat. For example, in reclassifying the species from endangered to threatened in March 2007, the Service acknowledged that FPL's activities to create nesting habitat, monitor crocodile populations, and minimize disturbances during operations contributed to the substantial increases in nests, hatchlings, and adult population of crocodiles in Florida (71 FR 13027). Furthermore, many of FPL's activities are in accordance with the Service's (1999) South Florida Multi-Species Recovery Plan, for the crocodile. FPL's beneficial activities that are also included in Service's (1999) South Florida Multi-Species Recovery Plan, for the crocodile include:

Monitoring

1. Monitor to determine the current number, distribution, and size class trends of crocodiles.

2. Conduct or continue mark-recapture efforts, population and nest surveys, and habitat surveys.

Habitat enhancement and protection

1. Protect nesting, basking, and nursery habitat of crocodiles.

2. Continue to maintain nesting sites adequate to maintain viability of the crocodile.

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3. Restore areas to suitable habitat.

4. Create additional nesting habitat for crocodiles in South Florida.

5. Remove exotic species.

6. Activities to Minimize Human and Habitat Disturbances.

7. Protect and enhance existing colonies of crocodiles.

8. Control human-induced crocodile mortality and disturbance.

9. Alert motorists on roads where repeated collisions between automobiles and crocodiles have occurred.

10. Restrict the public from the Turkey Point site.

11. Public Outreach.

12. Inform employees and the public about the recovery needs of crocodiles.

FPL (2018b) stated that it will continue to implement its Crocodile Management Plan during FPL is required to implement the terms and conditions within its incidental take statement and is required to continue to freshen and improve habitat within the CCS by its CA with the DERM and its CO with the FDEP. As explained previously, the NRC staff finds that, moving forward, as well as into the proposed period of extended operations, these activities will have substantial beneficial impacts on the crocodile and will likely decrease the current impacts to crocodiles from degraded water quality within the CCS. The Service agrees with this opinion.

The number of crocodiles at Turkey Point steadily increased from the 1970s through the early 2000s in large part due to FPL's efforts to protect, create, and improve habitat for this species.

However, the body condition for crocodiles substantially declined from 2013 to 2015, and Squires et al. (2017) determined that the maximum water temperature and maximum salinity within the CCS negatively affects body condition for crocodiles. Squires et al. (2017) also determined that, during this time period, crocodiles within the CCS exhibited higher physiological stress levels than crocodiles in the surrounding areas, likely due to starvation and dehydration. Based on the significantly higher physiological stress for crocodiles in the CCS and the significant relationship between salinity and crocodile body condition, the current conditions within the CCS are having an adverse impact on crocodiles. During the proposed period of extended operations, the retirement of Turkey Point Units 1 and 2 and FPL's efforts to freshen the CCS, as required by the CO, will improve the conditions in the CCS and reduce the impacts from the hypersaline CCS water. The improved conditions within the CCS will likely decrease the physiological stress for crocodiles, help some prey species to increase in abundance within the CCS, and may allow for more crocodiles to reinhabit the CCS. FPL currently conducts, and intends to continue to conduct during the proposed period of extended operations; several activities that are part of its Crocodile Management Plan that substantially benefit crocodiles.

The NRC staff finds that the current conditions within the CCS are diminishing the value of critical habitat for crocodiles. During the proposed period of extended operations, FPL's efforts to freshen the CCS, as required by the CO, will improve the conditions in the CCS and reduce the impacts from the hypersaline, warm CCS water. The improved conditions within the CCS will likely increase the value of designated critical habitat within the CCS. The NRC staff also notes that FPL currently conducts, and intends to continue to conduct during the proposed period of extended operations, several activities that increase the value of designated critical habitat within the CCS. In conclusion, the NRC staff finds that the current conditions within the CCS are diminishing the value of designated critical habitat within the CCS, and that the value of this 44

designated critical habitat will likely increase as a result of the CO and CA. Thus, the CCS will likely provide more favorable habitat once the terms of the CO and CA have been achieved, which is reasonably expected to occur prior to the start of the proposed license renewal terms for Turkey Point Units 3 and 4 (2032 and 2033 to 2052 and 2053, respectively). The Service agrees.

Interrelated and interdependent actions An interrelated activity is an activity that is part of the proposed action and depends on the proposed action for its justification. An interdependent activity is an activity that does not have independent utility apart from the action under consultation. Interrelated or interdependent actions are not expected to result from the Project.

CUMULATIVE EFFECTS Cumulative effects include the effects of future State, Tribal, local, or private actions reasonably certain to occur in the Action Area considered in this Biological Opinion. Future Federal actions unrelated to the proposed action are not considered in this section because they require separate consultation pursuant to section 7 of the Act. The Action Area does not extend beyond the Project area. Therefore, cumulative effects to the crocodile and indigo snake are not expected to occur from the Project.

CONCLUSION After reviewing the current status of the crocodile and its critical habitat, and the indigo snake, the environmental baseline for the Action Area, the effects of the proposed action, and the cumulative effects, it is the Service's biological opinion that the Project, as proposed, is not likely to jeopardize the continued existence of the crocodile or indigo snake, and it will not adversely modify the critical habitat of the crocodile. We have reached this conclusion for the following reasons:

American crocodile

1) FPL has and will continue to implement their Crocodile Management Plan; 2) crocodile health has shown improvement, is predicted to continue improvement, and will be monitored to document changes; 3) crocodile nesting and hatching numbers have shown improvement and will be monitored to see if the trend continues; 4) the hypersaline conditions will improve within CCS due to required freshwater refreshing; 5) injury and mortality along the roadways will be minimized through speed limits and education; and 6) crocodile injury and mortality in intake pipes is minimized by the use of screens.

Critical habitat - American crocodile

1) FPL's Crocodile Management Plan and nutrient management plan should insure that habitat management is conducted in a way that is beneficial to crocodiles; 2) the hypersaline conditions have had a detrimental impact on foraging habitat with in the Action Area, but conditions are 45

expected to improve along with freshwater refreshing; 3) nesting substrate is not a limiting factor within the Action Area.

Eastern indigo snake

1) The loss of one snake every two years from the population would only be .01 percent of the estimated population size. That loss should not be detrimental to the population; 2) injury and mortality along the roadways will be minimized through speed limits and education.

INCIDENTAL TAKE STATEMENT Section 9 of the Act and Federal regulation pursuant to section 4(d) of the Act prohibit the take of endangered and threatened species, respectively, without special exemption. Take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct. Harm is further defined by the Service to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harass is defined by the Service as intentional or negligent actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering. Incidental take is defined as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.

Under the terms of section 7(b)(4) and section 7(o)(2), taking that is incidental to, and not intended as part of the agency action, is not considered to be prohibited taking under the Act provided such taking is in compliance with the terms and conditions of this incidental take statement.

The terms and conditions described below are nondiscretionary and must be undertaken by the NRC so they become binding conditions of any grant or permit issued to FPL, as appropriate, for the exemption in section 7(o)(2) to apply. The NRC has a continuing duty to regulate the activity covered by this incidental take statement. If the NRC 1) fails to assume and implement the terms and conditions or 2) fails to require FPL to adhere to the terms and conditions of the incidental take statement through enforceable terms that are added to the permit or grant document, the protection coverage of section 7(o)(2) may lapse. In order to monitor the impact of incidental take, the FPL must report the progress of the action and its impact on the species to the Service as specified in the incidental take statement [50 CFR § 402.14(i)(3)].

Sections 7(b)(4) and 7 (o )(2) of the Act generally do not apply to listed plant species. However, limited protection of listed plants from take is provided to the extent that the Act prohibits the removal and reduction to possession of Federally listed endangered plants or the malicious damage of such plants on areas under Federal jurisdiction, or the destruction of endangered plants on non-Federal areas in violation of State law or regulation or in the course of any violation of a State criminal trespass law.

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AMOUNT OR EXTENT OF TAKE American crocodile The proposed Project is expected to result in the incidental take of crocodiles in the form of harm from habitat loss and injuries or mortalities from vehicle collisions and/or plant operation. The Service expects the take level toremain the same and not to exceed 1 crocodile causal mortality per calendar year.

Eastern indigo snake There is 18,329 ac of potential indigo snake habitat in the Action Area. The remaining 5,683 ac of the Action Area are open water and would not be suitable for indigo snakes. We estimate there could be up to 49 males and 151 females or 200 snakes total within the 18,329-ac impact area. Two indigo snake mortalities have been documented in the past 12 years. Prior to 2007, no mortalities were documented. With the continuation of vegetation maintenance activities that resulted in this take, it is likely that take will occur at a similar level in the future.

The Service expects the take level to not exceed 1 indigo snake causal mortality every two calendar year.

EFFECT OF TAKE In the accompanying Biological Opinion, the Service determined this level of anticipated take is not likely to result in jeopardy to the crocodile or indigo snake and/or the destruction or adverse modification of critical habitat designated for the crocodile. Critical habitat has not been designated for the indigo snake, panther, red knot, and wood stork and will not be affected.

REASONABLE AND PRUDENT MEASURES When providing an incidental take statement, the Service is required to provide: 1) reasonable and prudent measures it considers necessary or appropriate to minimize the take; 2) terms and conditions that must be complied with to implement the reasonable and prudent measures; and

3) procedures to be used to handle or dispose of any individuals taken. The Service believes the following reasonable and prudent measure is necessary and appropriate to reduce take and to minimize the direct and indirect effects of the proposed project on the crocodile and indigo snake:

Minimize the adverse effects of the ongoing operation of the Turkey Point Power facility by implementing measures to increase employee awareness of the presence of the crocodile and indigo snake on the site.

TERMS AND CONDITIONS To implement the above reasonable and prudent measures, the Service has outlined the following terms and conditions. In accordance with the Interagency Cooperation Regulation (50 CFR 402),

47

these terms and conditions must be complied with to implement the reasonable and prudent measures:

1. Continue crocodile nest and hatchling monitoring at Turkey Point for the duration of the NRC's licensed operations, or unless otherwise agreed upon by FPL, the Service, the NRC, and any relevant researchers. Every two years, FPL, the Service, the NRC, and any relevant researchers will meet to discuss the monitoring methods and the need for continuation.

2. Continue to conduct employee training for crocodiles and indigo snake awareness and posts educational signs around the plant.

3. The applicant must maintain four warning signs labeled as "Slow Crocodile Crossing" along Bechtel Road near the test canals on the Turkey Point Power Plant site. The signs will be installed at approximately 500-foot intervals. Based on our field inspection of the Turkey Point Power Plant site, we are aware that FPL has already installed these signs.

4. Provide an informational bulletin on the crocodile to all employees at the Turkey Point Power Plant once every 6 months. The bulletin should remind employees that crocodiles occur on the Turkey Point Facility grounds, include a photograph of an crocodile, and note that crocodile hatchlings can be small (12 to 18 inches total length) making them more difficult to detect. In addition, the bulletin should remind employees to be alert for crocodiles when driving or conducting activities on the site, to observe speed limits at all times, to not interact with a crocodile in any way, and to contact their supervisor if a crocodile is observed on or near a road.

5. Conduct a presentation on the crocodile and indigo snakes twice.a year at the monthly safety meeting that all plant personnel are required to attend. The presentations will be made during the crocodile mating and nesting season when the activity of crocodiles at the site is greatest.

The presentation will focus on the identification of crocodiles and indigo snakes, and areas on the Turkey Point Power Plant site where crocodiles may occur. The presentation will also remind employees to: be alert for crocodiles and indigo snakes when driving or conducting activities on the site, observe speed limits at all times, not interact with a crocodile or indigo snake in any way, and contact their supervisor if a crocodile or indigo snake is observed on or near a road.

MONITORING AND REPORTING REQUIREMENTS Pursuant to 50 Code of Federal Regulations 402.14(i)(3), the NRC and FPL must provide adequate monitoring and reporting to determine if the amount or extent of take is approached or exceeded. FPL must notify the Service's Vero Beach office (772) 562-3909 and NRC at endangeredspecies@nrc.gov within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> whenever a dead or injured crocodile or indigo snake is observed within the power complex or along an access road.

DISPOSITION OF DEAD OR INJURED SPECIMENS Upon locating a dead, injured, or sick threatened or endangered species, initial notification must be made to the Service's Vero Beach office (772) 562-3909, NRC at endangeredspecies@nrc. gov, and the Service's law enforcement office (305) 526-2994.

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Secondary notification should be made to the Florida Fish and Wildlife Conservation Commission; South Region 8535 Northlake Blvd; West Palm Beach, Florida; 33412; 1-800-282-8002; 1-800-282-8002. Care should be taken in handling sick or injured specimens to ensure effective treatment and care or in the handling of dead specimens to preserve biological material in the best possible state for later analysis as to the cause of death. In conjunction with the care of sick or injured specimens, or preservation of biological materials from a dead animal, the finder has the responsibility to carry out instructions provided by the Service or Law Enforcement to ensure evidence intrinsic to the specimen is not unnecessarily disturbed.

CONSERVATION RECOMMENDATIONS Section 7(a)(l) of the Act directs Federal agencies to utilize their authorities to further the purposes of the Act by carrying out conservation programs for the benefit of endangered and threatened species. Conservation recommendations are discretionary agency activities to minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to help implement recovery plans, or to develop information. The Service does not have any recommendations.

REINITIATION NOTICE This concludes formal consultation on the actions outlined in the Project consultation request.

As written in 50 CFR § 402.16, reinitiation of formal consultation is required where discretionary NRC involvement or control over the action has been retained (or is authorized by law) and if: 1) the amount or extent of incidental take is exceeded; 2) new information reveals effects ofNRC's action that may affect listed species or critical habitat in a manner or to an extent not considered in this opinion; 3) the NRC action is subsequently modified in a manner that causes an effect to the listed species or critical habitat not considered in this Biological Opinion; or 4) a new species is listed or critical habitat designated that may be affected by the action. In instances where the amount or extent of incidental take is exceeded, any operations causing such take must cease until reinitiation.

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Thank you for your cooperation and effort in protecting federally listed species and fish and wildlife resources. If you have any questions regarding this Project, please contact Lindsay Nester at 772-469-4226.

Sincerely yours, Roxanna Hinzman Field Supervisor South Florida Ecological Services Office enclosure cc: electronic only Corps, Miami, Florida (Megan Clouser)

FWC, Naples, Florida (Darrell Land)

FWC, Tallahassee, Florida (FWC-CPS)

NOAA Fisheries, West Palm Beach, Florida (Jocelyn Karazsia) 50

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

43 FR 4026. U.S. Fish and Wildlife Service. "Endangered and threatened wildlife and plants; Listing of the eastern indigo snake as a threatened species." Federal Register 43(21):4026-4029. January 31, 1978.

71 FR 13027. U.S. Fish and Wildlife Service. "Endangered and threatened wildlife and plants; Reclassification of the American crocodile Distinct Population Segment in Florida from endangered to threatened; final rule." Federal Register 71(53):13027-13041. March 20, 2007.

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59

Table 1 Aquatic Species Reported from the Cooling Canal System, November 2007 Species Common Name Fish Centropomus undecimalis common snook Cyprinodon variegatus sheepshead minnow Fundulus spp. killifish Gambusia spp. mosquito fish Mega/ops atlanticus tarpon Mugilspp. mullet Poecilia latipinna sailfin molly Strongylura spp. needlefish Mollusks Busycon contrarium lightning whelk Cerithium eburneum ivory cerith lsognomon alatus flat tree oyster lsognomon radiatus Lister's tree oyster Marisa cornuarietis giant rams horm Melampus bidentatus eastern melamphus Melongena corona Florida crown conch Tel/in spp. tellin Crustaceans Cardisoma guanhumi great land crab Ucaspp. fiddler crab Submerged Aquatic Vegetation Acetabularia spp. mermaid's wineglass (green algae)

Batophora spp. green algae Caulerpa spp. green algae Ruppia maritima widgeon grass 60

Table 2 Species and Number of Fish Captured at Seven Locations on the Turkey Point Site, June 2009 Species Common Name Numbe Collection Locations r

Collecte d

Cyprinodon sheepshead minnow 273 all locat10ns except TP-variegatus 2 Poecilia latipinna sailfin molly 90 all locations except TP-2, TP-5 Floridichthys carpio goldspotted killifish 43 all locations except TP-1, TP-2 Fundulus conjluentus marsh killifish 15 TP-1 Fundulus grandis gulf killifish 6 TP-1, TP-3, TP-7, TP-8 Gambusia affinis mosquitofish 5 TP-1, TP-4 Op__sanus beta gulf toadfish 1 TP-4 61

egend Figure 1. Turkey Point Units 3 and 4 Consultation Area.

62

30 25

~ 20 z"'

Q)

.... I

~ 15 Q)

..c E

i 10 5

0 1978 1983 1988 1993 1998 2003 2008 2013 2018 Year Figure 2. Number of Successful Crocodile nests at Turkey Point from 1978-2018.

63

600 500 1.1, 400 C

.c

...

u (l!

!_ 300

....0(II

.D E

,

Z 200 100 0

1978 1983 1988 1993 1998 2003 2008 2013 2018 Year Figure 3. Number of Crocodile Hatchings at Turkey Point from 2001-2018.

64

" r~*Sectl0ft1 ~-,w,..10 I A [i] *Secbon t ~ .. Row ,o

,---=..A= ,IHI,*

• CrococMINtMl~!ilt'I

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lt1 O.i 1

'*- * ~HttbniS!liiN

" *- - : _ - T ~ J ~ ~ ~-~-S'Ja1111t1 Source: FPL 2010b;-NRC2018b -

Figure 4. Locations of Crocodile Nests in the Turkey Point Cooling Canal System, 1978-2010 (left) and 2011-2012 (right).

65

2.30 100 Ill

,.!

52' 2.20

• 90

111

• c so B 70 2 -

0

+/-:: 2.10 Va,

-5

,

. LL.

2.00

,,

,.

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~ ~

cu Q.

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,, #, ... #

,' 40 .Q =

C C 1.90 300

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8 -----------*** Cl.I 20 .Q

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2009 2010 2011 2012 2013 2014 2015 2016 Figure 5. Fulton's K (Measure of Crocodile Body Condition) and Abundance of Crocodiles Captured at Turkey Point between 2009 and 2016 in Relation to Salinity 66