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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: SeaCoast Gas Transmission, LLC
720 North Franklin Street
Tampa, Florida 33601
WATERWAY AND LOCATION: The project would affect waters of the United States, including wetlands, associated with Etonia Creek and Simms Creek. The project corridor is located between the unincorporated community of Putnam Hall and the Seminole Combined-Cycle Facility Power Plant in Palatka. The proposed route originates at a point along the existing Florida Gas Transmission (FGT) pipeline system approximately 0.5 mile north of Putnam Hall. The proposed corridor extends generally east approximately 21.26 miles, terminating at the power plant. The project corridor is entirely within Putnam County, Florida (reference the project drawings for a list of Section, Township, Range values).
APPROXIMATE CENTRAL CORRIDOR COORDINATES:
Latitude 29.730172°
Longitude -81.778106°
PROJECT PURPOSE:
Basic: The basic project purpose is the transmission of natural gas.
Overall: The overall project purpose is the construction and operation of a natural gas transmission line for the Seminole Combined-Cycle Facility Power Plant in Palatka, Florida.
EXISTING CONDITIONS: The project corridor encompasses numerous vegetative communities characterized by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS). Table 6 of the project drawings lists the FLUCFCS communities, the acreage of each community within the project corridor, and the percentage of that community within the project corridor. Vegetation in each community is typical for the communities listed.
PROPOSED WORK:
The applicant has requested authorization through a Department of the Army Standard Permit to construct an approximately 21.26-mile 30-inch-diameter natural gas pipeline. The proposed pipeline would connect the existing Putnam Hall natural gas line to the Seminole Combined-Cycle Facility Power Plant. The project includes two mainline block valves (MLVs), a pig launcher/receiver at the FGT Gate Station, access roads, and work areas. The project does not incorporate compressor stations.
The applicant proposes the use of horizontal directional drill (HDD) operations at 9 locations under several flow ways, including, but not limited to Etonia Creek and Simms Creek. No permanent stormwater management controls such as, but not limited to, detention or retention systems or vegetated swales would be installed. The project corridor would be restored to pre-construction contours, after which drainage would sheet flow to adjacent existing ditches and swales. Pipeline construction would proceed like a moving assembly line (reference the project drawings). Construction would involve several procedures including survey and staking, clearing and grading, trenching, pipe stringing, bending, welding, lowering the pipeline, backfilling, hydrostatic testing, and right-of-way cleanup and restoration. Construction would proceed along the corridor as one continuous operation. Construction activities are expected to occur for a period of approximately 6 to 12 weeks. Prior to any construction-related activities, the applicant would secure easements or other required authorizations from landowners whose properties would be crossed by the proposed pipeline route.
The project would temporarily affect a total of 29.88 acres of wetlands and result in the permanent conversion (forested to herbaceous system) of 5.34 acres of wetlands. As compensatory mitigation for the proposed permanent conversion of forested wetlands (a partial loss of functions and services), the applicant proposes the purchase of 0.817 credits from the Sundew Mitigation Bank.
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 pipeline has been located to avoid and minimize wetland and surface water impacts to the greatest extent practicable. No net loss of wetland acreage would result from the project. Construction techniques such as HDD and best management practices would further minimize impacts and the implementation of effective soil erosion controls would minimize secondary impacts to wetlands and streams. The majority of work affecting wetlands and surface waters would be temporary. Onsite restoration would be used to mitigate for temporary construction impacts to wetlands and waterbodies. Approximately 5.3 acres of forested wetlands would be permanently converted to herbaceous wetlands.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
As compensatory mitigation for the permanent conversion of forested wetlands (a partial loss of functions and services), the applicant proposes the purchase of 0.817 credits from the Sundew Mitigation Bank.
CULTURAL RESOURCES:
Between May and July 2018, Southeastern Archaeological Research, Inc. (SEARCH) conducted a Cultural Resource Assessment Survey for the SeaCoast Palatka Lateral Pipe Construction Project, Putnam County, Florida (CRAS). SEARCH recorded 15 archeological sites (8PU1788-8PU1802); 1 structure (8PU1804); and, 3 archeological occurrences (AO); and revisited 2 previously recorded resources (8PU0115 and 8PU1620) during their investigation of the project area. AOs fail to meet the minimum requirements to be recorded as sites and are therefore categorically ineligible for National Register of Historic Places (NRHP) listing. SEARCH maintains that Etoniah Canal – 8PU1620 remains NRHP-Eligible as previously determined by SHPO. SEARCH determined structure 8PU1804 and sites 8PU1790 and 8PU1797 are ineligible for NRHP listing. SEARCH determined sites 8PU0115, 8PU1788, 8PU1791, 8PU1792, 8PU1794, 8PU1798, 8PU1799, 8PU1800, 8PU1801, and 8PU1802 have insufficient information for NHRP determinations due to the potential to extend beyond the project area; however, they recommend no additional investigation within the project area as the sites appear ineligible for listing as expressed within the project area. Finally, SEARCH determined that newly recorded sites 8PU1789, 8PU1793, 8PU1795, and 8PU1796 require additional investigation prior to making a definitive NRHP determination. SEARCH did not recommend any further architectural survey in the project area.
In consideration of the CRAS and the report by SEARCH, the Corps is aware of historic property/properties within or in close proximity of 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 shall coordinate all of the determinations associated with federally listed species with the U.S. Fish and Wildlife Service (FWS) through separate correspondence.
Florida Sand Skink (Neoseps reynoldsi): The majority of the project corridor is within a consultation area identified by the FWS and the Corps for Florida Sand Skink. Therefore, this species may utilize the project corridor. Sand skinks are a typically found in interior peninsular Florida. Sand skink habitat occurs within the Lake Wales Ridge but is also found on the Winter Haven Ridge in Polk County and the Mount Dora Ridge in Lake, Marion, Orange, and Putnam counties. Because they spend most of their time underground, the species is difficult to detect. No sand skinks or evidence thereof was observed by the applicant’s ecological consultant during the field assessment. However, in portions of the project area within the skink consultation area, locations with elevations 80 feet or more above sea level and with suitable soil types are considered to be potential sand skink habitat per FWS guidelines. Due to the presence of conducive conditions, the Corps concludes that the project may affect, but is not likely to adversely affect this species.
Eastern Indigo Snake (Drymarchon corais couperi): This species frequents several habitat types, including pine flatwoods, scrubby flatwoods, high pine, dry prairie, tropical hardwood hammocks, edges of freshwater marshes, agricultural fields, coastal dunes, and human-altered habitats. Therefore, this species could utilize the area encompassed by the ESA scope of analysis for this project. Gopher tortoise (Gopherus polyphemus) burrows are commonly utilized as refuge from winter cold and/or desiccating conditions in xeric habitats; and, hollowed root channels, hollow logs, or burrows of rodents, armadillo (Dasypus novemcinctus), or land crabs (Cardisoma guanhumi) provide shelter in wetter habitats. The applicant would survey the project corridor for gopher tortoise burrows prior to construction activities. Snakes discovered inhabiting burrows would be allowed to leave the area on their own during the relocation of tortoises. In addition, the applicant would implement the Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013. The preconstruction surveys and standard protection measures would minimize/eliminate adverse impacts to the eastern indigo snake within the project area. In consideration of this information, the Corps utilized The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013. Use of this key resulted in the sequence A-B-C-D-E-may affect, but is not likely to adversely affect. The FWS has indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for eastern indigo snakes; and, that no additional consultation is necessary.
Florida Scrub Jay (Aphelocoma coerulescens): The project corridor does not encompass identified habitat for this species (per the 1992-1993 survey) and is not located near a recorded nest or cluster location for Florida Scrub Jay; however, approximately one-fifth of the western section of the project corridor is within a consultation area identified by the Corps and the FWS for this species. Therefore, this species may utilize portions of the project corridor. There is no designated critical habitat for the Florida Scrub Jay listed in the federal register (52 FR 20715-20719). 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 generally absent from the project corridor; and, the likelihood of this species utilizing any portion of the project corridor is low. Based on the information reviewed, the Corps determines that it is likely that this species only opportunistically forages within forested areas near or within the project corridor, which the project would not preclude except during construction activities. In consideration of the information available and reviewed, the Corps concludes that the route of potential affect is negligible; and, as such, the project would have no effect on this species.
Red Cockaded Woodpecker (Picoides borealis): The project corridor is approximately 1 mile from an identified nest or cluster location for Red Cockaded Woodpecker (1211); and, within a consultation area identified by the FWS and the Corps for this species. Therefore, this species may utilize the project corridor. Habitat for Red Cockaded Woodpecker typically incorporates mature pine woodlands; and, optimal habitat is characterized as a broad savanna with a scattered overstory of large pines and a dense groundcover containing a diversity of grass and shrub species. Nesting and roosting occur in cavity trees that are almost exclusively old, living, flat-topped pine trees. The project site might encompass limited habitat or trees capable of supporting cavities; however, these features have not been specifically identified during the preliminary evaluation of the project corridor by the applicant’s ecological consultant. Based on information submitted, the likelihood of occurrence for this species is low. Further, as significant forested habitat is located near the project corridor, it is likely that this species would only opportunistically forage within the project corridor, which the project would only preclude during construction activities. In consideration of the information available and reviewed, the Corps concludes that the route of potential affect is negligible; and, as such, the project would have no effect on this species.
Black Creek Crayfish (Procambarus pictus): The Black Creek Crayfish is a species under consideration for Federal listing. The Corps evaluated the erosion control and construction methodologies proposed by the applicant. The Corps concludes that the project would not result in the discharge of sediments into headwater systems nor stream/creek systems. In consideration of the information available and reviewed, the Corps concludes that the route of potential affect is negligible; and, as such, the project would have no effect on this species.
Etoniah Rosemary (Conradina etonia): The preliminary survey of the project corridor indicates that the project would avoid known populations of Etoniah Rosemary. In consideration of the information evaluated, the Corps concludes that the project would have no effect on this species.
Chapman Rhododendron (Rhododendron chapmanii): A population of this species is known to exist in Clay County. The applicant did not indicate that preliminary surveys of the project corridor located/identified this species; however, based on the proximity to Clay County, this species might be present within the project corridor. In consideration of the information available and reviewed, the Corps concludes that the route of potential affect is negligible; and, as such, the project would have no effect on this 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. The project would not affect marine or estuarine habitat nor EFH. Our initial determination is that the proposed action would not adversely affect EFH or federally managed fisheries in the St. Johns River. 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 Corps has not verified the proposed extent of wetlands.
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 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, Mark R. Evans, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232; by electronic mail at mark.r.evans@usace.army.mil; by facsimile transmission at (904)232-1940; or, by telephone at (904)232-2028.
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.