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The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

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SAJ-1990-04805 (SP-LCK)

Posted: 11/9/2017

Expiration date: 11/30/2017


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 (FPL)
                      700 Universe Blvd.
                      Juno Beach, FL 33408

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the work within waters of the U.S (wetlands and the South New River Canal). The project site is located at the 392 acre FPL Lauderdale Plant at 4300 SW 42nd Ave. Dania Beach (Sections 19, 20, 25, 30, Township 50 South, Ranges 41,42 East), in Broward County, Florida.

Directions to the site are as follows: (1) Take I-95 south toward Ft. Lauderdale and exit on Griffin Road, (2) Continue west on Griffin Road and turn right onto SW 42nd Ave (3) Continue on SW 42nd Ave, the FPL Lauderdale Plant is at the end of the road.

APPROXIMATE CENTRAL COORDINATES:
Latitude:     26.0712˚
Longitude: -80.1963˚

PROJECT PURPOSE:

Basic: The basic project purpose is to construct a power generation facility.

Overall: The overall project purpose is to improve the existing Lauderdale Plant Site by constructing an energy efficient, clean energy generating unit that produces 1,200 megawatts (MW) of electric generation.

EXISTING CONDITIONS: The 134 acre project area is located within the 392 acre Lauderdale Plant Site and contains approximately 33 acres of wetlands. The project is proposed to be constructed in the southern portion of the Lauderdale Plant Site, incorporating previously filled areas currently supporting power generation facilities as well as adjacent areas of forested wetlands located within and adjacent to transmission infrastructure. The forested wetlands within the impact area consist of a combination of native and nuisance exotic species, including pond apple (Annona glabra), shoebutton ardisia (Ardisia elliptica), Brazilian pepper (Schinus terebinthifolius), coco plum (Chrysobalanus icaco), occasional Australian pine (Casuarina equisetifolia), Carolina willow (Salix caroliniana), myrsine (Myrsine cubana), wax myrtle (Myrica cerifera), and dahoon holly (Ilex cassine). A variety of understory species are present, including cattail (Typha latifolia), wild coffee (Psychotria nervosa), napier grass (Pennisetum purpureum), leather fern (Acrostichum danaefolium), Peruvian primrosewillow (Ludwigia peruviana), sawgrass (Cladium jamaicense), lance-leafed arrowhead (Sagittaria lancifolia), salt grass (Distichlis spicata), and pickerelweed (Pontederia cordata).

Project History: The Corps issued a Department of Army (DA) permit on June 27, 2014, authorizing the impact of a total of 18.21 acres of wetlands in association with the installation and maintenance of five highly efficient simple cycle combustion turbines (CTs) to replace the existing simple cycle gas turbines GTs in order to increase the efficiency of FPL’s peaking units and to comply with new air quality standards. The 18.21 acres of impacts include; 0.17 acres of temporary wetland impacts associated with trench installation of an underground transmission line and water pipeline, 15.79 acres of direct wetland impact and 2.25 acres of secondary wetland impact associated with the construction of the CTs, construction laydown area and stormwater pond. Wetland impacts for the previously authorized project were offset through compensatory mitigation.

PROPOSED WORK: The applicant seeks authorization for 18.67 acres of permanent wetland impact and 0.12 acre of secondary wetland impact, for the construction of a modernized combined cycle natural gas fired unit at the existing 392 acre FPL site that will generate 1,200 megawatts of electric generation. The new unit 7 (DBEC) will replace existing units 4 and 5. The applicant also proposes to construct a boat ramp and the installation of the following structures:
1. 10-foot by 60-foot wooden dock
2. 10-foot by 20-foot wooden dock
3. 8-foot by 30-foot floating dock
4. Installation of a boatlift
5. Discharge of 98 cubic yards of riprap (900 square feet)
6. 324 linear feet of composite sheet piling with concrete cap

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: Avoidance and minimization of wetland impacts was achieved through utilization of an existing power generation facility as the site for the Project, maximizing use of previously filled areas of the Lauderdale Plant Site to the greatest extent practicable for construction, and avoidance of higher-quality wetlands within the Project Area. No off-site linear facilities or new construction access roads are proposed.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Unavoidable wetland impacts include approximately 18.67 acres of permanent impact and 0.12 acre of potential secondary impact to relatively low-quality wetlands vegetated with a mixture of nuisance exotic and native species surrounded by existing electric utility infrastructure. Compensatory mitigation for permanent wetland impacts will be provided through purchase of 11.82 credits from the Everglades Mitigation Bank.

CULTURAL RESOURCES: The applicant conducted a reconnaissance cultural resources assessment of the project site. No historic structures or archaeological sites were identified in the project area. On July 26, 2017, the report was submitted to the Division of Historical Resources State Historic Preservation Officer; concurrence with the recommendations of the assessment and opinion that there are no cultural resources potentially eligible for the National Register of Historic Places within the project area is pending. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to coordination with those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: The U.S. Army Corps of Engineers (Corps) has determined the proposed project may affect, but is not likely to adversely affect the threatened eastern indigo snake (Drymarchon corais couperi), and the endangered wood stork (Mycteria americana). The Corps utilized the August 2017, FWS Eastern Indigo Snake Key, which resulted in the following sequential determination: A-B-C-D-E not likely to adversely affect. The Corps utilized the May 2010, FWS Wood Stork key, which resulted in the following sequential determination: A-B-C-D-E-not likely to adversely affect. The FWS has given concurrence with these determinations through the use of the wood stork and indigo snake keys and therefore no further action is required.

The Corps has determined that the project may affect the threatened West Indian manatee. The Corps utilized the April 2013 FWS manatee key, which resulted in the following sequential determination: A-B7, may affect. The Corps will initiate formal consultation with the FWS pursuant to Section 7 of the Endangered Species Act by separate letter.

NOTE: This public notice is being issued based on information furnished by the applicant. This information has been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The jurisdictional line has been verified by Corps personnel.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

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 Gardens Permits Section, 4400 PGA Boulevard, STE 500, Palm Beach Gardens, FL 33410, within 21 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, Ms. Linda C. Knoeck, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, STE 500, Palm Beach Gardens, FL 33410; or by electronic mail at Linda.C.Knoeck@usace.army.mil; or, by telephone at (561)472-3531.

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.

Broward County Jacksonville District permit public notice U.S. Army Corps of Engineers USACE