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 & Light Co.
15430 Endeavor Drive D01/JW
Jupiter, Florida, 33478
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Shell Creek. The project site is located adjacent to State Road 31 in southern Charlotte County, in Section 31, Township 40 South, Range 26 East, and Sections 6, 7, 18, 19, 30, 31, Township 41 South, Range 26 East.
Directions to the site are as follows: Line begins at the future Bermont Substation site adjacent to State Road 31, just north of Bermont Road, and extending south, along SR31, to Tucker's Grade Road, where it turns east and ends at FPL's Babcock Solar Energy Center.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.910069°
Longitude -81.759977°
PROJECT PURPOSE:
Basic: Transmission Line
Overall: Electrical transmission line, and associated access and patrol road and pads to service Charlotte County.
EXISTING CONDITIONS: The wetland systems consist of freshwater marshes and freshwater forested wetland areas. The onsite vegetation within the freshwater marshes consists of maiden cane, wax myrtle, cabbage palm, broom sedge, small slash pine, laurel oaks, West Indian marsh grass, and sparse melaleuca. The freshwater forested areas are vegetated with bald cypress, slash pine, maiden cane, wax myrtle, cabbage palm, broom sedge, laurel oaks, West Indian marsh grass, and sparse melaleuca. The existing area surrounding the project area consists of State Road 31, farm fields, areas of pine flatwoods, offsite areas of forested freshwater wetlands, and freshwater herbaceous marshes.
PROPOSED WORK: The applicant seeks authorization to construct a new electrical transmission line within and adjacent to FPL’s existing transmission line easement as well as adjacent to road right of ways, to connect FPL's existing Babcock Solar Energy Center to the Bermont Substation facility, which will supply the public with electrical service. Work will include the construction of a patrol road and construction access where none is present, replacement of existing culvert crossings, installation of new culvert crossings, installation of work access pads, and installation of the transmission poles and conductors. The line and associated improvements will be installed within the existing easement and new ROW/easement limits. The majority of the proposed route is within the future State Road 31 (SR31) ROW and immediately adjacent to a maintained gas transmission line easement. The work will require 6.59 acres of total impacts to wetlands, consisting of 2.94 acres of elevated pads/road impact, 3.65 acres of at grade roads and pads impact, 12.29 acres of selective clearing, and 0.009 acres of structures (poles) within wetlands.
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 proposed route is a direct connection between the facilities that will be connected, with the majority of the route being adjacent to the existing SR31 and at the edge of the future SR31 ROW. The wetlands that the line is proposed through have been historically impacted by the construction and existence of SR31 and the existing gas transmission line. Alternate routes would have to pass through higher quality wetland and upland habitat areas that are not adjacent to a major roadway, and are either State owned (Cecil Webb Wildlife Management Area) or lands under conservation (Babcock Ranch Preserve). In regard to the line itself, span lengths were extended to the greatest degree feasible, which minimized the quantity of poles needed, which reduced the number of poles and associated access pads within wetlands. The construction access/patrol road has been severed and shortened in several of locations, to reduce wetland impacts as the line passes through wetland areas, and to eliminate issues related to flow alteration. Pad dimensions were also thoroughly evaluated so that the smallest, safely usable pad could be proposed. The pad dimensions which are proposed are the smallest which will allow for the necessary construction equipment to be safely present at the given location for construction and for long term maintenance.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant will provide mitigation in the form of mitigation bank credits from the Little Pine Island Mitigation Bank, consisting of 1.52 credits of herbaceous freshwater and 3.10 credits of forested freshwater. These credit amounts were determined utilizing the Little Pine Island assessment methodology.
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:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Florida Bonneted Bat (Eumops floridanus), Red-cockaded Woodpecker (Picoides borealis), Florida Panther (Felis concolor coryi), Wood Stork (Mycteria americana), and the Eastern Indigo Snake (Drymarchon couperi). The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
ESSENTIAL FISH HABITAT (EFH): The work is proposed above mean high water, therefore the determination is no effect to EFH.
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 District Engineer through the 1520 Royal Palm Square, Suite 310, Ft. Myers, Florida 33919 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, Allison C. Murphy, in writing at the Ft. Myers Permits Section, 1520 Royal Palm Square Blvd., Ft. Myers, Florida, 33919; by electronic mail at Allison.C.Murphy@usace.army.mil; by facsimile transmission at (239)334-0797; or, by telephone at (239)334-1975 ext. 0008.
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.