Re: FPL Port Everglades Energy Center

Audra Livergood to: Andrew Parks 11/09/2012 11:00 AM

History: This message has been replied to and forwarded.

Hi Andrew,

This is a formal consultation because take is occurring at the plant, regardless of whether the 

turtles are previously injured or not prior to entering the intake wells. They are still getting 

entrained in the wells. Some are able to leave the wells on their own, others are not. The point 

is FPL does not have authorization for the take that is occurring and will continue to occur at the 

plant, which is why we need to write a biological opinion with an Incidental Take Statement 

(ITS). Once they have our biological opinion, they will be authorized to take turtles so long as 

they are in compliance with the ITS, Reasonable and Prudent Measures, and Terms & 

Conditions within the biological opinion.

If any of this is unclear, we can discuss further. FPL acknowledged in their BA that the 

proposed action "may affect and is likely to adversely affect" loggerhead, green, and hawksbill 

sea turtles. 

Because the ESA Section 7 consultation is between NMFS and EPA, we need to know if EPA 

concurs with FPL's determinations in the BA. We also need to know if EPA concurs with FPL's 

determination that the proposed action "will not jeopardize the continued existence" of green, 

loggerhead, and hawksbill sea turtles.

In addition, we need a statement from the EPA requesting formal consultation with NMFS.

Thank you,

Audra

On Fri, Nov 9, 2012 at 9:12 AM, <Parks.Andrew@epamail.epa.gov> wrote:

Hey Audra, assuming there is an agreed determination of no adverse impact, why 

would there need to be a formal consultation with NMFS?

Andrew B. Parks, P.E.

Environmental Engineer

U.S. Environmental Protection Agency

Region IV

61 Forsyth Street, SW

Atlanta, GA 30303

Phone: 404-562-8122

Fax: 404-562-9019
Audra Livergood ---11/08/2012 02:58:51 PM---Dear Andrew, In the attached August 

31, 2012 cover letter to FPL's Biological Assessment

From: Audra Livergood <audra.livergood@noaa.gov>

To: Andrew Parks/R4/USEPA/US@EPA

Date: 11/08/2012 02:58 PM

Subject: FPL Port Everglades Energy Center

Dear Andrew,

In the attached August 31, 2012 cover letter to FPL's Biological Assessment (BA) and in their 

BA, FPL determined that the proposed action would have no effect on 13 species under NMFS' 

purview (see page 2 of attached letter). Furthermore, FPL determined that the proposed action 

"may affect, and is likely to adversely affect" green, loggerhead, and hawksbill sea turtles.

Because the ESA Section 7 consultation is between NMFS and EPA, we need to know if EPA 

concurs with FPL's determinations. We also need to know if EPA concurs with FPL's 

determination that the proposed action "will not jeopardize the continued existence" of green, 

loggerhead, and hawksbill sea turtles.

In addition, we need a statement from the EPA requesting formal consultation with NMFS.

You may provide your response in an e-mail.

Thank you,

Audra

-- 

Audra Livergood

Marine Resource Manager

NOAA National Marine Fisheries Service

SERO Protected Resources Division

Fort Lauderdale Field Office

299 East Broward Blvd., Suite 328

Fort Lauderdale, FL 33301

Office (954) 356-7100

Fax (954) 356-7108

For if one link in nature's chain might be lost, another might be lost, until the whole 

of things will vanish by piecemeal.    Thomas Jefferson

[attachment "PEEC_Biological Assessment_2012_Rev. 0.pdf" deleted by Andrew 

Parks/R4/USEPA/US] 
-- 

Audra Livergood

Marine Resource Manager

NOAA National Marine Fisheries Service

SERO Protected Resources Division

Fort Lauderdale Field Office

299 East Broward Blvd., Suite 328

Fort Lauderdale, FL 33301

Office (954) 356-7100

Fax (954) 356-7108

For if one link in nature's chain might be lost, another might be lost, until the whole of things will 

vanish by piecemeal.    Thomas Jefferson