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) as described below:
APPLICANT: Florida Power and Light Company
Attn: Mr. Benny Luedike
700 Universe Boulevard
Juno Beach, Florida 33408
WATERWAY AND LOCATION: The project would affect waters of the United States, including wetlands, associated with the San Sebastian River, Tolomato River, Moses Creek, Stevens Branch, and Pellicer Creek. The project corridor is located along Interstate-95 from the St. Augustine Electrical Substation to the Pellicer Electrical Substation, in Sections 20, 21, 22, 26, 27, 28, 29, 30, 32, 33, 34, and 35, Township 7 South, Range 29 East; Sections 4, 9, 10, 15, 22, 26, 27, 35 and 36, Township 8 South, Range 29 and 30 East; Sections 1, 2, 11, 12, 13, 24, 25, 30, 31, and 32, Township 9 South, Range 29 and 30 East; Section 10, Township 10 South, Range 30, St. Johns County and Flagler County, Florida.
Directions to the northern terminus of the project corridor: From Interstate-95 take Exit 311, turn northeast, and proceed on County Route 207 until the intersection of Lightsey Road. The project corridor originates on the southeast side of County Route 207 from the St. Augustine Electrical Substation.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.768936°
Longitude -81.356018°
PROJECT PURPOSE:
Basic: The basic project purpose is the transmission of electric service.
Overall: The overall project purpose is the distribution of electric service between the city of St. Augustine and the city of Palm Coast.
EXISTING CONDITIONS: The existing conditions within and adjacent to the project corridor are classified by the Florida Land Use, Cover and Forms Classification System (FLUCFCS) as follows: Residential Low Density (FLUCFCS code 1100), Residential Medium Density (FLUCFCS code 1200), Residential Medium Density Under Construction (FLUCFCS code 1290), Commercial and Services (FLUCFCS code 1400), Other Light Industrial (FLUCFCS code 1550), Sand and Gravel Pits (FLUCFCS code 1620), Improved Pastures (FLUCFCS code 2110), Row Crops (FLUCFCS code 2143), Sod Farms (FLUCFCS code 2420), Open Land (FLUCFCS code 1900), Shrub and Brushland (FLUCFCS code 3200), Unimproved Pastures (FLUCFCS code 2120), Mixed Rangeland (FLUCFCS code 3300), Pine Flatwoods (FLUCFCS code 4110), Rural Residential (FLUCFCS code 1180), Hardwood-Coniferous Mixed (FLUCFCS code 4340), Coniferous Plantations (FLUCFCS code 4410), Forest Regeneration Areas (FLUCFCS code 4430), Reservoirs (FLUCFCS code 5300), Mixed Wetland Hardwoods (FLUCFCS code 6170), Cypress (FLUCFCS code 6210), Hydric Pine Flatwoods (FLUCFCS code 6250), Wetland Forested Mixed (FLUCFCS code 6300), Freshwater Marshes (FLUCFCS code 6410), surface Water Collection Ponds (FLUCFCS code 8370), Wet Prairies (FLUCFCS code 6430), Treeless Hydric Savanna (FLUCFCS code 6460), Rural Land In Transition Without Positive Indicators of Intended Activity (FLUCFCS code 7410), Roads and Highways (FLUCFCS code 8140), Communications (FLUCFCS code 8200), Electric Power Facilities (FLUCFCS code 8310) and Electrical power Transmission Lines (FLUCFCS code 8320).
PROPOSED WORK: The applicant seeks authorization to discharge fill into 29.36 acres, which includes work permanently eliminating 15.89 acres of freshwater wetlands and work converting the habitat (forested/scrub-shrub to emergent) of 13.47 acres of freshwater wetlands, to facilitate the construction of an electric transmission line and associated infrastructure (access roadways).
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:
The applicate analyzed alternate corridors based on environmental, socioeconomic, and cost impediments. The preferred corridor follows existing linear features, including existing transmission lines, roads, and/or railroads. These existing features minimize impacts to wetlands because access roads already exist; thereby, reducing wetland impacts that may occur utilizing another corridor.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Florida Power and Light Company has already purchased 0.49 credits from Fish Tail Mitigation Bank, which is a mitigation bank with a service area encompassing the project corridor; and, proposes to purchase an additional 6.43 credits from Fish Tail Mitigation Bank, for a total of 6.92 palustrine forested credits.
CULTURAL RESOURCES:
The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES:
Wood Stork (Mycteria americana): The Corps utilized the programmatic consultation procedures associated with The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida, September 2008. Use of this key resulted in the sequence A-B-C-D-E-May Affect. The Corps has requested initiation of formal consultation with the Fish and Wildlife Service (FWS) pursuant to Section 7 of the Endangered Species Act by separate letter.
Florida Scrub Jay (Aphelocoma coerulescens): The project corridor is a minimum of 4 miles from the nearest identified nest or cluster location for Florida Scrub Jay; however, within the consultation area identified by the Corps and the FWS for this species. Therefore, this species may utilize the project corridor to forage. There is no designated critical habitat for the Florida Scrub Jay listed in the federal register (52 FR 20715-20719). However, information from the FWS indicates that the Florida Scrub Jay has extremely specific habitat requirements. It is endemic to peninsular Florida’s ancient dune ecosystem or scrubs, which occur on well drained to excessively well drained sandy soils. Relict oak-dominated scrub, or xeric oak scrub, is essential habitat to the Florida Scrub Jay. Optimal habitat incorporates four species of stunted, low growing oaks [sand live oak (Quercus geminata), Chapman oak (Quercus chapmanii), myrtle oak (Quercus myrtifolia), and scrub oak (Quercus inopina)] that are 1-3 meters high, interspersed with 10 to 50 percent non-vegetated sandy openings, with a sand pine (Pinus clausa) canopy of less than 20 percent. Therefore, Florida Scrub Jay habitat is absent from the project corridor. It is likely that this species only opportunistically forages within forested areas in the vicinity of the project corridor, which the project would not preclude. In consideration of this information, the Corps determined that the project would have no effect on this species.
The Corps executed a Resources At Risk (RAR) report. The RAR did not indicate that the site is utilized by, or contains habitat critical to, any other federally listed threatened or endangered species. The Corps also reviewed geospatial data and other available information. The Corps has not received or discovered any information that the project site is utilized by, or contains habitat critical to, any other federally listed species.
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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. Our 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 not 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 Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232-0019, 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, Brad Carey, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232-0019; by electronic mail at brad.j.carey@usace.army.mil; or, by telephone at (904) 232-2405.
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.