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 Company
15430 Endeavor Drive
Jupiter, FL 33478
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Deep Creek South – St. Johns River Hydrologic Basin (10-digit Hydrologic Unit Code (0308010112)). The project site is located at 355 Damascus Road, Deland, FL about 1.7 miles south of the intersection of Damascus Road and SR 44. The project is further located in Section 23, Township 17 South, Range 31 East, Volusia County, Florida.
Directions to the site are as follows: From I-4 go west on SR44 about 4 miles to Damascus Road, turn south about 1.7 miles south to the site.
APPROXIMATE CENTRAL COORDINATES:
Latitude 29.0038°
Longitude -81.1588°
PROJECT PURPOSE:
Basic: Electric utility services.
Overall: Expansion of the existing 230kV Gaco substation to include a 500kV substation in Volusia County, Florida.
EXISTING CONDITIONS: The substation property boundary comprises a tract of partially developed land with a total area of approximately 198.6 acres. Within the property boundary is the project area of 49.7 acres that is proposed for the Phase II development and transmission lines. The property is located south of Damascus Road, and it is bordered on the north, west, and east by undeveloped land and to the south by the existing substation. The wetland systems on-site consist of mixed wetland forest, hydric pine flatwoods, wet prairie, shrub wetland, freshwater marsh and man-made borrow areas. The onsite vegetation consists of Pond cypress, Slash pine, Bald cypress, Loblolly bay, Blackgum, Dahoon holly, Gallberry, Wax myrtle, Groundsel bush, Primrose willow, Sweetbay, Coastal Plain willow, Shortleaf sandweed. Some of the site is disturbed through various earthwork (ditching, borrow) and vegetative maintenance associated with the proximity to the existing substation area (Phase 1) and the adjacent transmission lines.
PROPOSED WORK: The applicant seeks authorization to place 6.55 acres of fill over herbaceous and forested wetlands for the construction of the substation and connecting transmission lines. The site development will also include stormwater features, vegetation conversion, and access points.
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 design of the proposed substation expansion is dictated, by the location of the existing substation and transmission lines. The site has been designed to encompass the smallest footprint possible while allowing for the equipment necessary to provide the required electrical capacity to meet the loading projections for the area and the stormwater treatment capacity to meet water quality standards.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes to purchase 4.97 credits from the Colbert-Cameron Mitigation Bank as compensatory mitigation for impacts to the affected wetlands.
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 wood stork (Mycteria americana) and Eastern indigo snake (Drymarchon corais couperi).
The proposed activity is on the periphery of a Core Foraging Area (CFA) of a wood stork rookery; the project supports marginally Suitable Foraging Habitat (SFH) for wood stork, and the proposed impacts within suitable habitat will be less than 0.5 acres. Based on the Effect Determination Key for the Wood Stork in Central and North Peninsular Florida (dated September 2008), the Corps determination sequence was A>B>C = “may affect but is not likely to adversely affect”. No further consultation is required.
Based on the Eastern Indigo Snake Effect Determination Key (dated January 25, 2010; August 13, 2013 Addendum), the Corps’ determination sequence resulted in A>B>C = “may affect but is not likely to adversely affect”. The permittee agrees to use the Standard Protection Measures for the Eastern Indigo Snake (dated August 12, 2013). No further consultation is required.
The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.
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. 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 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 Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, FL 32926 within 15 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, John Palmer in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, FL 32926; by electronic mail at john.palmer@usace.army.mil or by telephone at 321-504-3771, extension 10.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat
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 of 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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.