ML061800100

Modification Request Regarding Biological Opinion for Turkey Point

ML061800100
Person / Time
Site:	Turkey Point
Issue date:	06/29/2006
From:	Gillespie F P NRC/NRR/ADRO/DLR
To:	Souza P US Dept of Interior, Fish & Wildlife Service
Nash H, REBB/DLR/NRR, 415-4100
References
TAC MC9679, TAC MC9680
Download: ML061800100 (4)

Text

June 29, 2006Mr. Paul Souza Acting Field Supervisor South Florida Ecological Services Office U.S. Fish and Wildlife Service

1339 20 th StreetVero Beach, FL 32960

SUBJECT:

REQUEST MODIFICATION OF BIOLOGICAL OPINION FOR ONGOINGACTIVITIES RELATED TO THE OPERATION OF TURKEY POINT, UNITS 3 AND 4 (TAC NOS. MC9679 AND MC9680)

Dear Mr. Souza:

The U.S. Nuclear Regulatory Commission (NRC) is requesting modification of the amount ofincidental take anticipated in the U.S. Fish and Wildlife Service (Service) Biological Opinion (BO), dated May 5, 2006, regarding the ongoing activities related to the operation of TurkeyPoint, Units 3 and 4. The Turkey Point Plant is located in Miami-Dade County, Florida, and is operated by the Florida Power & Light Company (FPL). On December 21, 2005, an FPL Environmental Specialist discovered a dead American crocodile (Crocodylus acutus) during aroutine daily wildlife survey, which triggered initiation of a formal consultation. According to theIncidental Take Statement in the Service's 2006 BO, the incidental take limit is one Americancrocodile every five years in the form of accidental direct mortality resulting from the ongoing operations at the Turkey Point Plant. On May 27, 2006, an American crocodile subadult (three feet long) was killed at the TurkeyPoint Plant in the same location as the mortality discovered on December 21, 2005. The crocodile was struck and killed by a security vehicle on routine patrol of the cooling canals. The NRC requires security patrol at the Turkey Point Plant; therefore, vehicular access to this roadmust be maintained. All the required safeguards per the 2006 BO were in place. Additionally, the speed limit on that road has since been reduced to five miles per hour. It may benefit FPL to track crocodile movement patterns by attaching satellite transmitters to several animals on site.The estimated population of non-hatchling American crocodiles at Turkey Point is about 400. This is a significant increase from the 1985 estimate of 19 (Gaby et. al. 1985) and the 1995 estimate of 39 (Brandt et. al. 1995). The increase in population is a direct result of on-site nesting in the Turkey Point cooling canal system. The manmade cooling canals continue toprovide ideal habitat for the American crocodile.On October 6, 2004, the Service issued a BO to the U.S. Army Corps of Engineers regardingFPL's proposed Unit 5 Turkey Point expansion project. As a result of that consultation and BO, FPL committed to enhancement of 8.05 acres of potential crocodile nesting habitat by removing exotic vegetation, construction of 1.35 acres of freshwater lagoons for juvenile crocodiles, and restoration of 5.6 acres of wetlands in the area of the test cooling canals. This mitigation has benefitted the American crocodile by successfully attracting them to the restored area as P. Souza-2-demonstrated by the increased crocodile activity in the area. The crocodiles are movingbetween the cooling canal system and the mitigation area in the test cooling canals. Such movement requires them to cross a dirt road, which is the road where the 2005 and 2006 crocodile mortalities occurred. The population increase and the newly restored habitat have been likely factors in the recent crocodile mortalities at the Turkey Point Plant.Due to the recent take after the conclusion of the 2006 consultation, the NRC staff herebyrequests a modification of the BO to allow for anticipated incidental take of one American crocodile per year for the Turkey Point site. Also, if the Service modifies the existing incidental take limit, please clarify if the recent 2006 take would count toward the new limit or if the annualtake count would begin on the date of the Service's response to this request.

If you have anyquestions regarding the staff's request, please contact Ms. Harriet Nash of the EnvironmentalBranch at 301-415-4100 or by e-mail at hln@nrc.gov

.Sincerely,/RA/Frank Gillespie, DirectorDivision of License Renewal Office of Nuclear Reactor RegulationDocket Nos. 50-250 and 50-251 cc: See next page P. Souza-2-demonstrated by the increased crocodile activity in the area. The crocodiles are movingbetween the cooling canal system and the mitigation area in the test cooling canals. Such movement requires them to cross a dirt road, which is the road where the 2005 and 2006 crocodile mortalities occurred. The population increase and the newly restored habitat have been likely factors in the recent crocodile mortalities at the Turkey Point Plant.Due to the recent take after the conclusion of the 2006 consultation, the NRC staff herebyrequests a modification of the BO to allow for anticipated incidental take of one American crocodile per year for the Turkey Point site. Also, if the Service modifies the existing incidental take limit, please clarify if the recent 2006 take would count toward the new limit or if the annual take count would begin on the date of the Service's response to this request. If you have any questions regarding the staff's request, please contact Ms. Harriet Nash of the Environmental Branch at 301-415-4100 or by e-mail at hln@nrc.gov

.Sincerely,/RA/

Frank Gillespie, DirectorDivision of License Renewal Office of Nuclear Reactor RegulationDocket Nos. 50-250 and 50-251 cc: See next pageDISTRIBUTION

F. Gillespie/P. T. Kuo (RidsNrrDlr)

E. Benner (RidsNrrDlrReba)

H. Nash B. MoroneyAdams Accession no.: ML061800100 E:\Filenet\ML061800100.wpdOFFICE:LA:DLRPM:REBABC:REBADD:DLRNAME:I. KingH. NashE. BennerF. GillespieDATE:06/ 22 /0606/ 28 /0606/ 28 /0606/ 29 /06OFFICIAL RECORD COPY Florida Power and Light CompanyTURKEY POINT PLANT cc:Mr. William E. Webster Vice President, Nuclear Operations Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 M. S. Ross, Managing Attorney Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420

Marjan Mashhadi, Senior Attorney Florida Power & Light Company 801 Pennsylvania Avenue, NW.

Suite 220 Washington, DC 20004Terry O. JonesSite Vice President Turkey Point Nuclear Plant Florida Power and Light Company 9760 SW. 344th Street Florida City, FL 33035 County Manager Miami-Dade County 111 Northwest 1 Street, 29th Floor Miami, Florida 33128 Senior Resident InspectorTurkey Point Nuclear Plant U.S. Nuclear Regulatory Commission 9762 SW. 344 th StreetFlorida City, Florida 33035Mr. William A. Passetti, ChiefDepartment of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741Mr. Craig Fugate, DirectorDivision of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100Attorney GeneralDepartment of Legal AffairsThe Capitol Tallahassee, Florida 32304Michael O. Pearce Plant General Manager Turkey Point Nuclear Plant Florida Power and Light Company 9760 SW. 344th Street Florida City, FL 33035Walter ParkerLicensing Manager Turkey Point Nuclear Plant 9760 SW. 344th Street Florida City, FL 33035Mark Warner, Vice PresidentNuclear Operations Support Florida Power and Light Company P.O. Box 14000 Juno Beach, FL 33408-0420Mr. Rajiv S. KundalkarVice President - Nuclear Engineering Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420Mr. Fred EmersonNuclear Energy Institute 1776 I Street, N.W., Suite 400 Washington, DC 20006-3708