ML18333A205

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NRC to Fws Request for Formal Consultation and Concurrence with Nlaa Determination Turkey Point SLR
ML18333A205
Person / Time
Site: Turkey Point  NextEra Energy icon.png
Issue date: 12/19/2018
From: Benjamin Beasley
NRC/NRR/DMLR/MENB
To: Jonathan Rivera
US Dept of Interior, Fish & Wildlife Service, South Florida Ecological Services Office
Moser M, (301) 415-6509
Shared Package
ML18344A008 List:
References
Download: ML18333A205 (5)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 19, 2018 Mr. Jose Rivera Branch Chief, Planning and Resource Conservation U.S. Fish and Wildlife Service South Florida Ecological Services Field Office 1339 20th Street Vero Beach, FL 32960-3559

SUBJECT:

REQUEST FOR FORMAL CONSULTATION UNDER THE ENDANGERED SPECIES ACT REGARDING THE PROPOSED SUBSEQUENT LICENSE RENEWAL OF TURKEY POINT NUCLEAR GENERATING UNIT NOS. 3 AND 4

Dear Mr. Rivera:

With this letter, the U.S. Nuclear Regulatory Commission (NRC; the staff) is forwarding you a copy of the biological assessment the staff has prepared to comply with the provisions of Section 7 of the Endangered Species Act of 1973, as amended (ESA), in support of the staffs review of Florida Power & Light Companys (FPLs) application requesting subsequent license renewal for Turkey Point Nuclear Generating (Turkey Point) Unit Nos. 3 and 4. The purpose of this letter is to request initiation of formal consultation regarding potential adverse impacts to the American crocodile (Crocodylus acutus) and eastern indigo snake (Drymarchon corais couperi).

In addition, the NRC is requesting the U.S. Fish and Wildlife Services (FWS) concurrence with the NRC staffs ESA effect determination for 13 additional species that may occur within the action area, as described below.

The NRCs Federal action is the decision whether to issue subsequent renewed operating licenses for Turkey Point Unit Nos. 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 No. 3) and April 2033 (Unit No. 4). If issued, the subsequent renewed operating licenses would allow Turkey Point Unit No. 3 to operate until July 2052 and Unit No. 4 to operate until April 2053.

Turkey Point is a two-unit, nuclear-powered, steam electric generating facility located in Miami-Dade County, Florida. The Turkey Point site is located on the western edge of Biscayne Bay and is surrounded to the south and west by wetlands. FPL built and continues to use a cooling canal system to provide cooling water for Turkey Points closed-cycle heat dissipation cooling system.

The NRC staff evaluated the potential impacts of the proposed Turkey Point subsequent license renewal on 46 Federally listed species identified in an official species list obtained through the FWSs Environmental Conservation Online System (ECOS) Information for Planning and Conservation (IPaC) tool.1 The NRC staff determined that continued operations at Turkey Point 1 Letter from FWS to NRC.

Subject:

Turkey Point Nuclear Generating Unit Nos. 3 and 4, Updated list of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed

J. Rivera would have no effect on 31 of these species, as described in Enclosure 1 of the enclosed biological assessment. In the enclosed biological assessment, the NRC staff evaluated the impacts of continued operations on the following 15 Federally listed endangered or threatened species:

  • Florida bonneted bat (Eumops floridanus)
  • Florida panther (Puma concolor coryi)
  • West Indian manatee (Trichechus manatus)
  • red knot (Caladris rufa)
  • wood stork (Mycteria americana)
  • Everglade snail kite (Rostrhamus sociabilis)
  • Kirtland's warbler (Setophaga kirtlandi)
  • Blodgett's silverbush (Argythamnia blodgettii)
  • Cape Sable thoroughwort (Chromolaena frustrata)
  • Florida semaphore cactus (Consolea corallicola)
  • sand flax (Linum arenicola)
  • Florida bristle fern (Trichomanes punctatum ssp. floridanum)
  • eastern indigo snake
  • American crocodile In addition, the NRC staff evaluated the potential impacts of continued operations on the designated critical habitats of two of the above species: the American crocodile and the West Indian manatee.

Within the biological assessment, the NRC staff concludes that continued operations may adversely affect the American crocodile and the eastern indigo snake, and that continued operations may adversely modify designated critical habitat for the American crocodile. The NRC staff also concludes that continued operations may affect, but is not likely to adversely affect the other 13 species listed above, and would not adversely modify designated critical habitat for the West Indian manatee.

The NRC staff submits the enclosed biological assessment and requests formal consultation regarding the potential adverse impacts to the American crocodile and eastern indigo snake. In addition, the NRC staff requests your concurrence with its determination that continued operation of Turkey Point may affect, but is not likely to adversely affect the additional 13 species discussed within the biological assessment within 30 days of receipt of this letter in accordance with Title 50 of the Code of Federal Regulations (50 CFR) 402.12(j). I respectfully request that if you are unable to make such a determination within this time that you contact Ms. Michelle Rome Moser of my staff to discuss an alternate review timeline. Ms. Mosers contact information appears below. Although the NRC staff understands that the FWS does not typically provide its concurrence with no effect determinations, the staff welcomes any comments you may have related to the 31 species for which the staff determined that continued operations would have no effect.

Additionally and for your awareness, in parallel with the its ESA review, the NRC staff is performing an environmental review in accordance with the National Environmental Policy Act of project. December 14, 2018. Agencywide Documents Access and Management System (ADAMS) Accession No. ML18348A889.

J. Rivera 1969, as amended. The staff anticipates issuing a draft supplemental environmental impact statement (SEIS) in early 2019. The staff will forward your office a copy of the draft SEIS for your review and comment once it is issued.

Should you have any questions about this letter or the staffs biological evaluation, please contact Ms. Michelle Rome Moser, Biologist, at 301-415-6509 or by e-mail at Michelle.Moser@nrc.gov.

Sincerely,

/RA/

Benjamin Beasley, Chief Environmental Review and NEPA Branch Division of Materials and License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-250 and 50-251

Enclosure:

Biological Assessment cc: Listserv

Package ML18344A008, Letter ML18333A205; Enclosure ML18353A835

  • via e-mail OFFICE LA:RPGB:DLR* AB:RERP:DLR PM:RERP:DLR OGC* BC:RERP:DLR NAME SLent MMoser DDrucker JWachutka BBeasley DATE 11/29/2018 11/29/2018 12/17/2018 12/6/2018 12/19/2018 J. Rivera Ms. Sarah Cody, Chief Mr. Paul Backhouse Office of Historic Preservation Tribal Historic Preservation Officer Stephen P. Clark Center Seminole Tribe of Florida 111 NW 1st St. - 12th Floor Ah-Ta-Thi-Ki Museum Miami, FL 33128 30290 Josie Billie Hwy, PMB 1004 Clewiston, FL 33440 Mr. Jason Aldridge Deputy State Historic Preservation Officer Caroline McLaughun Florida Department of State National Parks Conservation Association 500 South Bronough Street 450 N. Part Rd, Ste 301 R.A. Gray Building Hollywood, FL 33021 Tallahassee, FL 32399-0250 Andrew Carter Mr. Billy Cypress, Chairman Miami Waterkeeper Miccosukee Tribe of Indians of Florida 2103 Coral Way, 2nd Floor Tamiami Station Miami, FL 33145 P.O. Box 440021 Miami, FL 33144 Kelly Cox Miami Waterkeeper Mr. James Floyd, Principal Chief 2103 Coral Way, 2nd Floor Muscogee (Creek) Nation Miami, FL 33145 Office of the Administration P.O. Box 580 Arnuni Kapur Okmulgee, OK 74447 Duke Energy 410 S. Wilmington St.

Ms. Stephanie A. Bryan, Tribal Chair Raleigh, NC 27602 Poarch Band of Creek Indians 5811 Jack Springs Road Wendy Brainard, citizen Atmore, AL 36502 John Marquardt, citizen Patricia Marin, citizen Ms. Carolyn White Felipe Marin, citizen Acting Tribal Historic Preservation Officer Erik Gonzales, citizen Poarch Band of Creek Indians Matt Schwartz, citizen 5811 Jack Springs Road Gabriel Ignetti, citizen Atmore, AL 36502 George Cavros, citizen Yvonne Knowles, citizen Mr. Greg Chilcoat, Principal Chief Richard.Orthen@fpl.com Seminole Nation of Oklahoma jonathan@we-count.org P.O. Box 1498 kalson-vince@monroecounty-fl.gov Wewoka, OK 74884 harper.cecelia@epa.gov zcosner@gmail.com Mr. Theodore Isham Itamayo@cleanenergy.org Tribal Historic Preservation Officer albert@icassemblies.com Seminole Nation of Oklahoma knelson@fkaa.com P.O. Box 1498 lreynolds@conservationconceptsllc.org Wewoka, OK 74884 grantham.tiffany@gmail.com laurasue@silvernightingale.com Mr. Marcellus W. Osceola, Chairman marshmaid@gmail.com Seminole Tribe of Florida morse.stephanie@leg.state.fl.us 6300 Stirling Road Hollywood, Florida 33024