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Request for Additional Information

March 29, 2012

Re: EPA’s request for informal section 7 consultation on impacts associated with FPL’s Next 

Generation Clean Energy Center, Broward County, Florida

This responds to your Feb. 22, 2012 request for informal consultation, pursuant to section 7 of 

the Endangered Species Act (ESA), with the National Marine Fisheries Service (NMFS) for the 

subject action. Your request states that FPL’s proposed action consists of the retirement and 

replacement of four existing oil-fired units with one nominal 1,250 MW 3-on-1 combined cycle 

unit, which would rely primarily on natural gas. The project is located on FPL property at their 

existing plant in Hollywood, Florida.

Your request does not contain sufficient information to determine what effects, if any, the 

proposed action would have on listed species under NMFS’ purview. In order to assist your 

efforts in determining if the proposed action may affect listed species, NMFS is providing a list 

of species that may occur in the action area for this project as well as recommended guidelines 

for preparing a Biological Assessment (BA) or Biological Evaluation (BE).

At this stage, we recommend first determining whether the proposed action may affect the 

following listed species:

 Smalltooth sawfish 

 Loggerhead sea turtle

 Green sea turtle

 Leatherback sea turtle

 Hawksbill sea turtle

 Kemp’s ridley sea turtle

All of these species may occur in the action area, but we do not have sufficient information to 

determine whether the proposed action may affect these species. Please make an effects 

determination for each of these species. Please refer to page 4 of the attached National 

Marine Fisheries Service Recommendations for the Contents of Biological Assessments and 

Biological Evaluations to assist you in making your effect determinations. As you will see on 

page 4, you have three choices for each listed species or area of critical habitat. An explanation 

is provided on page 4 to assist you in deciding which effect determination is most appropriate 

for each listed species. There is no designated critical habitat within the action area.

You do not need to consult with NMFS if the proposed action would have no effect on any of 

the species listed above. If you determine that the proposed action may affect any of the 
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species listed above, then you must consult with NMFS. Please provide a BA or a BE to support 

your effect determinations. We recommend that the BA or BE follow the guidelines contained 

in the attached National Marine Fisheries Service Recommendations for the Contents of 

Biological Assessments and Biological Evaluations. 

Because we have no specific information at this stage on the nature of the proposed action, we 

cannot make any determinations about whether or how the action may affect listed species 

under our purview. However, we are familiar with the general area where the power plant is 

located. The BA or BE should include answers to the following questions. We reserve the right 

to ask additional questions as more information becomes available:

1) What is the anticipated duration of construction?

2) What construction methods would be used?

3) Will any construction occur in or near the water? If yes, what measures will be taken to 

avoid siltation (runoff) into adjacent waters?

4) Will the construction and/or staging result in impacts to mangroves and/or seagrasses? 

If so, are these impacts avoidable or can they be minimized? If impacts are unavoidable, 

please quantify the impacts to mangroves and/or seagrasses and describe the nature of 

the impacts (e.g., X amount of fill will be placed in mangroves, which would result in the 

permanent loss of X amount of mangroves).

5) Please describe mitigation for unavoidable impacts to mangroves and/or seagrasses.

As previously stated, we may have additional questions once we review the BA or BE. 

In summary, if you determine that the proposed action may affect any of the listed species on 

page 1, then ESA section 7 consultation with NMFS is required. Please provide your effect 

determinations in your BA or BE. We recommend following the guidelines contained in the 

attached National Marine Fisheries Service Recommendations for the Contents of Biological 

Assessments and Biological Evaluations.

If you have any questions, please contact me at (954) 356-7100 or by e-mail at 

Audra.Livergood@noaa.gov. 

Sincerely,

Audra Livergood

Marine Resource Manager

NOAA Fisheries Service