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
Mr. Kennard Proctor
700 Universe Boulevard
Juno Beach, Florida 33408
WATERWAY AND LOCATION: The project would affect waters of the United States, including wetlands, associated with unnamed tributaries to Fort Drum Creek. The project site is located on an undeveloped parcel, south of the intersection of State Road 60 and 226th Court, along the border of Okeechobee and Indian River Counties, within Sections 1, 2, 11, 12, and 13, Township 33 South, Range 35 East, in Okeechobee, Okeechobee County, Florida.
Directions to the site are as follows: Take State Road 60 approximately 24 miles west of Vero Beach, turn left on 226th Court, head south approximately 2.4-miles on an internal road to a location just south of FPLs Okeechobee Clean Energy Center (OCEC).
APPROXIMATE CENTRAL COORDINATES: Latitude 27.624042°N
Longitude -80.787333°W
PROJECT PURPOSE:
Basic: The basic project purpose is the discharge of fill material in waters of the U.S., including wetlands, to act as a suitable base for the construction of a solar energy generating facility.
Overall: The overall project purpose is to provide 74.5-megawatts of solar photovoltaic generation in FPLs service territory within Okeechobee County.
EXISTING CONDITIONS: The project site consists of 556.5-acres of abandoned cattle grazing and citrus lands. On-site wetlands consist of forested mixed hardwoods and freshwater emergent marsh. In addition, agricultural ditches are located throughout the site. The site is bordered by agricultural lands to the south and west, the FPL OCEC site to the north, which is currently under construction, and conservation lands associated with Fort Drum Marsh Conservation Area to the east.
Upland communities comprise the majority of the project site at 471.95-acres and consist of abandoned improved pastures and citrus groves, and a mixed hardwood coniferous forest. Improved pastures account for the majority of the site at 330.21-acres. The pastures were converted from natural vegetation to bahia grass (Paspalum notatum) to support the former cattle grazing operation; however, since grazing has ceased, broomsedge bluestem (Andropogon virginicus) has taken over the majority of the site. Other dominant vegetation in the improved pasture areas includes wax myrtle (Myrica cerifera), groundsel tree (Baccharis halimifolia), laurel oak (Quercus laurifolia), live oak (Quercus virginiana), cabbage palm (Sabal palmetto), saw palmetto (Serenoa repens), dog fennel (Eupatorium capillifolium), goldenrod (Euthamia caroliniana), carpet grass (Axonopus spp.), and blackberry (Rubus cuneifolius). Abandoned citrus groves account for 127.06-acres of the project site. A variety of weeds and herbaceous vegetation has begun to take over these portions of the site, including bahia grass, beggarticks (Bidens alba), caesarweed (Urena lobata), woodland false buttonweed (Spermacoce remota), cogon grass (Imperata cylindrica), and Brazilian pepper (Schinus terebinthifolius). Mixed hardwood coniferous forest comprise approximately 14.68-acres of the site. Vegetation within this community consists of slash pine (Pinus elliotii), cabbage palm, water oak (Quercus nigra), and laurel oak, with an understory of saw palmetto, American beautyberry (Callicarpa americana), wax myrtle, rusty lyonia (Lyonia ferruginea), and gallberry (Ilex glabra).
The remainder of the 84.55-acres on site consists of wetlands or waters, including agricultural ditches. Mixed wetland hardwoods comprise 8.91-acres and are located predominantly in the western portion of the site in four separate locations. Vegetation communities in these areas consist of red maple (Acer rubrum), cabbage palm, American elm (Ulmus americana), black gum (Nyssa sylvatica), and laurel oak, with a mid-story of Brazilian pepper, wax myrtle, and groundsel tree, and an understory of swamp fern (Blechnum serrulatum), cinnamon fern (Osmundastrum cinnamomeum), royal fern (Osmunda regalis), sawgrass (Cladium jamaicense), arrowhead (Sagittaria latifolia), Virginia chain fern (Woodwardia virginica), marsh pennywort (Hydrocotyle umbellata), leather fern (Rumohra adiantifomris), and old world climbing fern (Lygodium microphyllum). Freshwater marshes comprise the largest amount of on-site wetlands at 20.22-acres and are scattered throughout the site. Dominant vegetation in these areas consists of soft rush (Juncus effusus), cordgrass (Spartina bakeri), smartweed (Polygonum hydropiperoides), sawgrass, bushy broomsedge (Andropogon glomeratus), yellow-eyed grass (Sisyrinchium californicum), maidencane (Panicum hemitomon), arrowhead, pickerelweed (Pontederia cordata), Virginia chain fern, capeweed (Phlya nodiflora), marsh pennywort, lemon bacopa (Bacopa caroliniana), and goldenrod. An approximate 8.93-acre area of wet prairie is located in the southeastern portion of the project site. Dominant vegetation in this community consists of yellow-eyed grass, St. John’s wort (Hypericum fasciculatum), bushy broomsedge, goldenrod, sphagnum moss (Sphagnum spp.), sundews (Drosera spp.), pipeworts (Eriocaulon spp.), mermaidweed (Proserpinaca pectinata), arrowhead, and pickerelweed.
The remaining 46.49-acres of the site consists of agricultural ditches, which are located throughout the site and were dug to drain the surrounding lands for agricultural purposes. Some of the ditches, the main drainage canals and those in the citrus areas, are dug deep and have a continuous flow of water. The remaining ditches are linear wetlands with a vegetation composition of Peruvian primrose willow (Ludwigia peruviana), cattail (Typha latifolia), marsh pennywort, water spangles (Salvinia minima), duckweed (Lemna minor), torpedo grass (Panicum repens), soft rush, smartweed, dayflower (Commelina diffusa), alligator weed (Alternanthera philoxeroides), Mexican primrose willow (Ludwigia octovalis), arrowhead (Sagittaria lancifolia), pickerelweed, leather fern, and Virginia chain fern. Shrub species along the banks of these ditches include Brazilian pepper, coastal plain willow (Salix caroliniana), wax myrtle, groundsel tree, sapling red maples.
PROPOSED WORK: The proposed project is the construction of a 74.5-megawatt solar photovoltaic energy center, including solar arrays, transformers, a collection yard, collector lines, unpaved access roads, and perimeter security fence. The applicant seeks authorization to place 67,929 cubic yards of fill material within 21.36-acres of agricultural ditches (70,070 linear feet) and 8.67-acres of freshwater marsh habitat in order to construct a solar photovoltaic power plant. Approximately 0.11-acres of temporary impact to ditches would occur associated with open trench installation of collector lines between solar inverters and the on-site switchyard.
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:
“Efforts to avoid and minimize wetland and surface water impacts initially focused on selection of a site that maximized acreage of uplands and provided opportunities to co-locate with existing infrastructure (transmission lines, access roads) to reduce the area of required construction disturbance. Within the selected site, further avoidance and minimization efforts focused upon locating the construction area so as to maximize utilization of previously disturbed agricultural uplands. Additionally, higher-quality forested wetlands were avoided. Unavoidable wetland impacts will be compensated through purchase of 26.6 credits from the Mary A Mitigation Bank.”
In addition to the above, the applicant has further reduced impacts to wetlands by redesigning the layout of the solar arrays. The original application proposed impacts to 25.1-acres of wetlands and 22.9-acres of agricultural ditches. However, a site design allowed the further avoidance of two larger wetland systems, one in the north and another in the south, to reduce wetland impacts to 8.67-acres.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant originally proposed to compensate for unavoidable wetland impacts through the purchase of 26.6 credits from the Mary A Mitigation Bank. However, as discussed above, project modifications have reduced the amount of required compensatory mitigation to 15.31 credits from the Mary A Mitigation Bank.
CULTURAL RESOURCES: The Corps is aware of historic property/properties within, or in close proximity to, the permit area. The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation, as applicable, pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.
ENDANGERED SPECIES: The Corps assessed the project site for Federally listed species using the FWS’ Information for Planning and Consultation (IPaC) web site and all available GIS data within the Corps’ Resources at Risk (RAR) system, for purposes of complying with Section 7 of the ESA of 1973 (as amended). The IPaC system generated a list of 12 species within Okeechobee County.
The Corps has determined the proposed project may affect the Eastern indigo snake (Drymarchon corais couperi). The Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
In addition, the Corps has determined the proposed project may affect, but is not likely to adversely affect, the American wood stork (Mycteria americana), Audubon’s crested caracara (Polyborus plancus audubonii), and Florida grasshopper sparrow (Ammodramus savannarum floridanus), but not affect their designated critical habitat. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined that the proposed project would have no effect on the Florida panther (Felis concolor coryi), Florida bonneted bat (Eumops floridanus), southeastern beach mouse (Peromyscus polionotus niveientris), West Indian manatee (Trichechus manatus), Everglades snail kite (Rostrhamus sociabilis plumbeus), Florida scrub-jay (Aphelocoma coerulescens), ivory-billed woodpecker (Campephilus principalis), and Red-cockaded woodpecker (Picoides borealis), or their 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. The site does not contain EFH and the Corps’ initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region. 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 Palm Beach Gardens 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, Mr. John Policarpo, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410, by electronic mail at John.N.Policarpo@usace.army.mil, by facsimile transmission at (561) 626-6970, or by telephone at (561) 472-3518.
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.