SAJ-1991-01186 & SAJ-1992-00783 (SP-CF)

TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT: Florida Power & Light Company
                      Attention: Matthew J. Raffenberg
                      700 Universe Boulevard
                      Juno Beach, FL 33408

WATERWAY AND LOCATION: The transmission line project is approximately 37 miles long and would affect 70.90 acres of waters of the United States associated with non-tidal freshwater wetlands and South Florida Water Management District canals. The northern end of the proposed transmission line starts west of the Florida Power & Light’s (FPL) Conservation Substation and extends south to the FPL Levee Substation traversing along the south boundary of Water Conservation Area 2B, along the east side of the L-68A levee, across Water Conservation Area 3A parallel to the L-33 levee and on the north side of the L-30 canal and traverses the L-36, L-37, L-68A, L-67A, C-11, North New River Canal, Miami Canal and L-30 Canal within Broward and Miami-Dade Counties, Florida.

County	Sections	Township	Range
Broward	12,13,14,22,23,26,27,28,31,32,33	49S	40E
Broward	5,6	50S	40E
Broward	27,28,32,33,34,35,36	49S	39E
Broward	7	49S	41E
Broward	28,32,33	49S	39E
Broward	5,8,16,17,20,21,28,29	50S	39E
Broward	28,33	50S	39E
Broward	4,9,16,21,28,33	51S	39E
Miami-Dade	4,9,16,17,21,28,33	52S	39E
Miami-Dade	4,9,16,21	53S	39E

Directions to the site are as follows: For the northern terminus take I-95 to Exit 32, Commercial Blvd (SR 870), head west 9 miles to the Conservation Substation. For the southern terminus take exit 4 off of Interstate 95 west toward Miami International Airport, merge onto FL-112 W/Airport; take the LeJeune Road South exit and merge onto LeJeune Road; take the exit toward 836 west; take Florida's Turnpike Homestead Extension north; Exit 29 from the Turnpike Homestead Extension for NW 41st Street; slight right at NW 117th Avenue; take the first left onto NW 41st to Levee Substation.

APPROXIMATE CENTRAL COORDINATES:

Location	Latitude	Longitude
Northern Terminus	26.197826o	-80.299251o
Central Area	26.024169o	-80.445904o
Southern Terminus	25.814369o	-80.439263o

PROJECT PURPOSE:

Basic: The basic project purpose is to construct a new aerial transmission line.

Overall: The overall project purpose is to construct 37 miles of 500kV Transmission Line within an existing FPL established ROW and permitted by the Corps in 1991 and 1992 (SAJ-1991-01186 and SAJ-1992-00783) from Conservation Substation (Broward County) to Levee Substation (Miami-Dade County) to serve Broward and Miami-Dade Counties.

EXISTING CONDITIONS: The wetland system is freshwater. Phases 3.1 and 3.4 have most clearing and filling completed while clearing and filling for Phases 3.2 and 3.3 is proposed for construction. The existing vegetation for Phases 3.1, 3.2, 3.4 and the northern portion of 3.3 consists primarily of mixed marsh which has been disturbed by prior man-made activities. The mixed marsh is mostly Sawgrass with Common/Southern Cattail and minor occurrences of shrub and hammock wetlands. Melaleuca Forest begins south of Krome Avenue and consists mostly of Melaleuca and Sawgrass. The existing area surrounding the project area consists of the same.

PROPOSED WORK: The applicant seeks authorization to place fill material over 70.90 acres (see Table 1A for details) of marsh wetlands (49.54 acres), shrub wetland (0.04 acres) and Melaleuca wetlands (21.32 acres) with clearing (see Table 1B for details) of 0.67 acres of hammock and 3.76 acres of marsh, and 289.59 acres (see Table 1C for details) of temporary impact (123.50 marsh, 0.07 shrub wetland, 0.07 hammock, and 165.95 Melaleuca) and 86.41 acres (See Table 1C for details) of indirect impact (59.96 marsh, 0.03 shrub wetland, 0.09 hammock and 26.33 Melaleuca) associated with the construction of a new 500kV transmission line (See Figure 3 for wetland locations).

AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
Construction has been planned to minimize wetland impacts to the greatest extent practicable for access and structure placement, and to still safely provide ingress/egress for the necessary construction equipment and vehicles. The proposed road and pad dimensions were minimized to limit impacts and still provide safe access for construction and long term maintenance and repair. Existing levee and access roads and structure pads will be used where feasible. FPL will contract with construction companies experienced in working in wetland environments. The construction methodology includes the use of low ground pressure vehicles (e.g., a Marsh-Master) and equipment for work within wetlands and the use of Best Management Practices (BMPs) to reduce the temporary impacts. All slopes of roads and pads will be sodded to restore ground cover and minimize erosion after construction. Areas disturbed by temporary impacts, e.g. from Marsh-Master activities, will rely on natural recruitment for revegetation. Turbidity and erosion controls will not be removed until construction surfaces have been stabilized.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

Since the project was previously permitted, FPL has satisfied the mitigation requirements of the entire project agreeing to contribute funds for land acquisition and construction costs associated with the Everglades Nutrient Removal Project and Stormwater Treatment Areas specified in the Everglades Surface Water Improvement and Management Plan. In addition, FPL has enhanced 553.2 acres of wetlands within the District’s Dupuis Reserve, 3.81 acres of wetlands in St. Lucie County, and 2.72 acres of wetlands in Martin County. FPL has also installed two water control structures at the west and east end of Hog Pen Ditch to enhance wetlands within the Savannas Preserve State Park in St. Lucie County. The Corps had determined the mitigation is adequate to offset the loss of wetlands resulting from the project as permitted by SAJ-1991-01186 and SAJ-1992-00783. The above-mentioned permits have been renewed on several occasions by the Corps.

CULTURAL RESOURCES:

The Corps previously determined through consultation with the State Historic Preservation Office (SHPO) that there is little likelihood of impact upon a historic property. As necessary, the Corps will initiate an updated consultation with SHPO’s office, federally recognized Tribes with concerns in Florida and the Permit Area, and the Advisory Council of Historic Preservation as applicable to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.

 
ENDANGERED SPECIES:

The Corps found that the project was not likely to affect any federally listed species or designated critical habitat protected by the Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et. seq.). The U.S. Fish and Wildlife Service (USFWS) has reviewed the information provided and finds that the proposed action is not likely to adversely affect any federally listed species or designated critical habitat protected by the Endangered Species Act of 1973 (Act), as amended (16U.S.C. 1531 et seq.). A record of the previous consultations is on file at the USFWS - South Florida Ecological Service Office.

ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal will not impact essential fish habitat because no EFH is located within the project area. Our initial determination is that the proposed action would not have a substantial adverse impact on the EFH or Federally managed fisheries in the South Atlantic Region. The final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.

NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The jurisdictional line has been verified by Corps personnel in previous permit authorizations.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification has been obtained from the Florida Department of Environmental Protection.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Palm Beach Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410 within 30 days from the date of this notice.

The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.

QUESTIONS concerning this application should be directed to the project manager, Carolyn Farmer, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410, by electronic mail at carolyn.h.farmer@usace.army.mil, or by telephone at (561) 472-3527.

IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.

EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.

The US Army Corps of Engineers (Corps) is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the Coastal Zone Management Plan.

REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.