Re: FPL Port Everglades Energy Center Audra Livergood to: Andrew Parks 11/09/2012 11:06 AM Cc: Kathleen Forney Hi Andrew,
N MFS has determined that a formal consultation is necessary because take is occurring at the p lant, 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, N ov 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 August31, 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' p urview (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 N OAA 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. p df)

--Audra Livergood Marine Resource Manager N OAA 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