Re: FPL Port Everglades Energy Center

Audra Livergood to: Andrew Parks 11/09/2012 11:06 AM

Cc: Kathleen Forney

Hi Andrew,

NMFS has determined that a formal consultation is necessary 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.

FPL's position is that the lower intake velocities will reduce the number of turtles that are 

entrained in the wells. If they are correct, fewer turtles in the wells still equals take, and we still 

have to authorize that take in a biological opinion.

Let me know if you would like to discuss further.

thanks,

Audra

On Fri, Nov 9, 2012 at 8:37 AM, <Parks.Andrew@epamail.epa.gov> wrote:

Audra, of the 3 species that may be affected, it seems the consensus is that a) none of 

the turtles that were recovered from the intakes were there as a sole result of the 

intakes, but because of previous injuries and b) the modification will result in lower 

intake velocities, thereby reducing the number of turtles that may end up in the intake. 

This seems reasonable to me. If it also seems reasonable to you, then I believe we 

would concur. Let me know your thoughts when you get a chance.

Thanks

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

(See attached file: PEEC_Biological Assessment_2012_Rev. 0.pdf)

-- 
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