Re: FPL Port Everglades Energy Center - Responses to GHG Permit Application Comments Audra Livergood to: Andrew Parks 07/31/2012 01:37 PM

Hi Andrew,

I will determine completeness. I usually just send an e-mail on the day that I determine completeness. If you have any further questions, let me know.

thanks, Audra On Fri, Jul 27, 2012 at 10:55 AM, Andrew Parks < Parks.Andrew@epamail.epa.gov > wrote: Hi Audra, with respect to signing off on the final biological assessment when it is deemed complete, will you be doing this or will David Bernhart do this?

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 ---06/06/2012 03:06:45 PM---Dear Mr. Flajole and Mr. Parks, *

From: Audra Livergood < audra.livergood@noaa.gov > To: "Flajole, Andy" < Andy.Flajole@fpl.com >, Andrew Parks/R4/USEPA/US@EPA Cc: Gregg Worley/R4/USEPA/US@EPA, " j essica.dalton@dep.state.fl.us " < j essica.dalton@dep.state.fl.us >, " david.bernhart@noaa.gov " < david.bernhart@noaa.gov >, Heather Ceron/R4/USEPA/US@EPA, " j ef f .koerner@dep.state.fl.us " < j ef

f .koerner@dep.state.fl.us >, " winston

_ hobgood@fws.gov " < winston

_ hobgood@fws.gov >, "Ken Kosky ( Ken

_ Kosky@golder.com )" < Ken

_ Kosky@golder.com >, Jeff Howe < j effrey

_ Howe@fws.gov >, Cathy Tortorici < Cathy.Tortorici@noaa.gov >, Jocelyn Karazsia < Jocelyn.Karazsia@noaa.gov >, "Jurado, Jennifer" < JJURADO@broward.org > Date: 06/06/2012 03:06 PM
Subject: Re: FPL Port Everglades Energy Center- Responses to GHG Permit Application Comments

Dear Mr. Flajole and Mr. Parks,

Re: Information that needs to be included in the Biological Assessment for the FPL Port Everglades Power PlantGood afternoon. By letter dated February 22, 2012, the EPA requested informal Endangered Species Act (ESA) Section 7 consultation with the National Marine Fisheries Service ( N MFS) for the proposed retirement and replacement of four existing oil-fired units at the FPL Port Everglades power plant with one nominal 1,250 MW 3-on-1 combined cycle unit, which would primarily rely on natural gas. Based on our review of the information provided, we advised the EPA that we do not have sufficient information at this time to determine whether or how the proposed action may affect listed species under our purview. Therefore, we asked the EPA to prepare a Biological Assessment.

By e-mail on April 18, 2012, the EPA informed NMFS of their decision to designate FPL as the non-federal representative, on behalf of the EPA, for the purposes of ESA Section 7 consultation.

On May 9, 2012, N MFS received a report from the Florida Fish and Wildlife Conservation Commission (FWC) that a sea turtle (it is not known what species, based on the information we received) was caught in an intake well at the FPL Port Everglades plant. We were told that FPL contacted FWC Law Enforcement, reporting that the turtle was in severe distress because it had a flipper stuck. FPL requested immediate assistance from FWC. FWC estimates that FPL gets about 10 sea turtles per year ( p erhaps more) in the intake wells at the Port Everglades p lant, and we do not know if FPL has a plan to address this situation. Moreover, it is unclear whether the existing take of sea turtles at the FPL Port Everglades plant has been previously authorized by NMFS under a biological opinion. This situation will need to be considered as p art of the baseline in the current ESA Section 7 consultation with NMFS.

The Biological Assessment should contain historic and current data on sea turtle takes at the FPL Port Everglades power plant. Please describe the species, life stage, approximate length of the animal, date of the incident, nature of the injury(ies), cause of the injury(ies), how FPL responded to the incident, and what measures were taken to reduce the risk of additional harm to the animal. It would be helpful to include this data in a table in the Biological Assessment. N MFS recommends that FPL propose a plan, including conservation measures, to avoid or reduce the amount of sea turtle take in the future. This may involve operational and/or equipment changes.

The information requested above is a supplement to the information we requested in our March 29, 2012 Request for Additional Information (RAI). When we sent that RAI, we were not aware that current operations at the FPL Port Everglades Plant have involved sea turtle takes.

We look forward to receiving the Biological Assessment. Please contact me if you have any questions.

Sincerely,

Audra LivergoodOn Sun, May 13, 2012 at 10:00 AM, Flajole, Andy < Andy.Flajole@fpl.com > wrote: Hi Gregg,
Please find attached an electronic copy of FPL's responses to EPA Region IV's comments on the Port Everglades Energy Center greenhouse gas air permit application. FPL looks forward to working with you, your staff, and the other agencies involved in this permitting effort.

A hard copy is scheduled for delivery to your attention tomorrow (Monday, May 14th). Everyone on the cc list is being copied via this email only.

If anyone has questions please contact me at A ndy.Flajole@FPL.com or (561) 691-2766.
Thank you,

A ndy Fla j ole Juno Environmental Services
Office (561) 691-2766

-- 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

-- Audra LivergoodMarine 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