Public Notice Notifications

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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.

SAJ-2018-00960 (SP-JNP)

Published July 6, 2018
Expiration date: 8/6/2018

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. Michael Sole
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 the North Fork Manatee River. The project site is located on an undeveloped parcel, on the south side of State Road 62 (Wauchula Road), approximately 2.3-miles west of the intersection of Wauchula Road and Logue Road, within Sections 26, 27, and 34, Township 33 South, Range 21 East, in Duette, Manatee County, Florida.

Directions to the site are as follows: From the Palm Beach Gardens field office, take PGA Boulevard west approximately 5.8-miles, turn right onto FL-710 West for approximately 46.7-miles, turn left onto FL-70/NE Park Street for approximately 3-miles, turn right onto US-98 N for 42.2-miles and continue straight on FL-66 W for 25-miles. Turn right onto US-17 N for 7.3-miles, turn left onto FL-62 W for 22.7-miles, the site is on the left.


Latitude 27.5695°
Longitude -82.1905°


Basic: The basic project purpose is the generation of power.

Overall: The overall project purpose is to provide 74.5-megawatts of solar photovoltaic power generation in FPLs service territory within Manatee County.

EXISTING CONDITIONS: The project site consists of approximately 547.13-acres of abandoned citrus groves. On-site waters of the U.S, including wetlands, consist of freshwater mixed hardwoods, agricultural ditches (linear wetlands and/or open waters), and intermittent stream channels. The site is bordered by agricultural lands to the east, State Road 62 to the north, and undeveloped forested lands to the south and west; FPLs Keentown-Manatee 230-kilovolt (kV) transmission line runs along the southern property line.

Upland communities comprise the majority of the project site at 515.24-acres and consists of abandoned citrus groves, shrubs and brush lands, and pine mesic oak forest. Abandoned citrus groves account for the majority of the site at 504.06-acres. The groves have had all of the citrus trees removed and have grown fallow with upland grasses, including a dominance of broomsedge (Andropogon spp.). The abandoned groves do not contain an over-story or mid-story. Forested uplands surround the forested wetland systems on site, and consist of approximately 10.65-acres of pine mesic oaks. Vegetation in these areas consists of laurel oak (Quercus laurifolia), live oak (Quercus virginiana), and slash pine (Pinus elliotii), with an understory of saw palmetto (Serenoa repens), Caesar’s weed (Urena lobata), and various upland grasses. The 0.50-acre upland scrub-shrub area is dominated by dense elderberry (Sambucus nigra ssp. canadensis).

The remainder of the 31.89-acres on site consists of waters of the U.S., including wetlands. Five mixed hardwood wetland areas comprise 14.06-acres and are located in the northeastern and southern portions of the site, in three locations. Vegetation communities in these areas consist of water oak (Quercus nigra), laurel oak, sweet bay (Magnolia virginiana), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), slash pine, and sugarberry (Celtis laevigata), with an understory of Virginia chain fern (Woodwardia virginica), netted chain fern (Woodwardia areolata), wax myrtle (Morella cerifera), gallberry (Ilex coriacea), cinnamon fern (Osmunda cinnamomea), and royal fern (Osmunda regalis). Irrigation and rim ditches, consisting of both linear wetlands and open waters, comprise approximately 17.83-acres. Vegetation in these areas consists mostly of nuisance species such as cattails (Typha spp.) and Peruvian primrose willow (Ludwigia peruviana), as well as the fern species mentioned herein and other herbaceous species. There are also three intermittent stream channels identified within the forested wetland areas, two in the southern portion of the project site and one in the northeast. These un-vegetated channels amount to 539.6 linear feet (0.25-acres).

PROPOSED WORK: The proposed project is the construction of a 74.5-megawatt solar photovoltaic energy center, including solar arrays mounted on a racking system with inverters, transformers, substation, aerial and/or underground collection and distribution lines, unpaved access roads, stormwater management facilities, and a perimeter security fence. The proposed solar center will connect to FPLs existing Keentown-Manatee 230-kilovolt (kV) transmission line located along the southern property boundary. The proposed project will have permanent fill impacts to 3.09-acres (26,648.15 linear feet), and temporary impacts to 0.05-acres (428.31 linear feet), of man-made agricultural ditches. Temporary impacts include those necessary to construct permanent ditch connections, culvert crossings, and laying of utility lines.

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:

“Construction and operation of this facility will avoid impacts to jurisdictional non-ditch wetlands and stream features delineated within the site; the stormwater plan will maintain wetland hydrology. Prior to construction, erosion and sediment controls will be installed to avoid discharge of erosional materials to aforementioned jurisdictional wetlands and surface waters. Impacts will be limited to linear wetlands within upland-cut agricultural and rim ditches in order to safely and efficiently install the racking system and associated maintenance access pathways for the solar array.”

Since the applicants’ initial submittal, they have reduced the amount of proposed impacts to waters of the U.S. from 3.54-acres to a total of 3.14-acres, as detailed above.

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 impacts to waters of the U.S., including wetlands, by transferring 1.06 excess mitigation credits generated from the construction of the permittee responsible mitigation site on FPLs Manatee Solar Energy Center, which is located approximately 10-miles to the west of the project site. However, as discussed above, project modifications have reduced the amount of required compensatory wetland mitigation to 0.93 credits. Both sites lie within the same two drainage basins: Manatee and Little Manatee, both of the Peace-Tampa Bay sub-region.

CULTURAL RESOURCES: The Corps is aware of historic property/properties within, or in close proximity to, the permit area. The Corps has initiated 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 dated June 14, 2018.

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 15 species within Manatee County.

The Corps has determined that the proposed project may affect, but is not likely to affect, the Eastern indigo snake (Drymarchon corais couperi) and Audubon’s crested caracara (Polyborus plancus audubonii). The Corps has initiated formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter dated June 14, 2018.

The Corps has also determined that the proposed project would have no effect on the West Indian manatee (Trichechus manatus), Florida grasshopper sparrow (Ammodramus savannarum floridanus), Florida scrub-jay (Aphelocoma coerulescens), piping plover (Charadrius melodus), red knot (Calidris canutus rufa), red-cockaded woodpecker (Picoides borealis), American wood stork (Mycteria americana), green sea turtle (Chelonia mydas), loggerhead sea turtle (Caretta caretta), Gulf sturgeon (Acinpenser oxyrinchus desotoi), Florida golden aster (Chrysopsis floridana), pygmy fringe-tree (Chionanthus pygmaeus), and Florida perforate cladonia (Cladonia perforata), or their designated, or proposed for designation, 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 or to the email address of the Project Manager noted below, 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, 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 impacts, 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 that 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.