Public Notice Notifications

The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

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-2019-01137 (SP-JNP)

Published Dec. 3, 2019
Expiration date: 1/1/2020

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
                       Ms. Loretta Cranmer
                       15430 Endeavor Drive, MS# D01-JW
                        Jupiter, Florida 33478

WATERWAY AND LOCATION: The project would affect waters of the United States, including wetlands, associated with Card Sound. The project site is located on the east side of County Road 905A (Card Sound Road), from approximately 350 feet south of Tennessee Road to approximately 550 feet south of SW 408th Street, and approximately 0.75 miles west along SW 408th Street, in Sections 5, 8, 9, and 16, Township 58 South, Range 39 East, in unincorporated Miami-Dade County, Florida.

Directions to the site are as follows: From the Palm Beach Gardens field office, take PGA Boulevard west (1.6 miles) and merge onto the Florida Turnpike South (63.3 miles) to the Ronald Reagan Turnpike (46.3 miles), merge onto U.S. Highway 1/NE 1st Avenue (1.6 miles), turn left onto County Road 905A (Card Sound Road) (1.7 miles), the site is on the right side of the road for a length of approximately 2.75 miles.

APPROXIMATE COORDINATES:
Start: Latitude 25.413473º, Longitude -80.459973º
End: Latitude 25.388008º, Longitude -80.443438º

PROJECT PURPOSE:

Basic: The basic project purpose is the maintenance of electricity infrastructure.

Overall: The overall project purpose is a hardening initiative of the existing electric distribution infrastructure to make the energy grid stronger and more storm resilient in southern Miami-Dade County.

EXISTING CONDITIONS: The project site consists of approximately 2.75 miles of existing electric distribution line easement. On-site waters of the U.S. consist of palustrine forested, scrub-shrub, and emergent wetlands; upland areas consist of roadway, roadway side slope fill, and forested and shrub uplands. The site is bordered by County Road 905A (Card Sound Road) to the west and undeveloped wetlands and uplands to the east, and, along SW 408th Street, Cemex Plant operations to the north and south.

The project site and adjacent areas along County Road 905A (Card Sound Road) and SW 408th St are dominated by very dense stands of dahoon holly (Ilex cassine), cocoplum (Chrysobalanus icaco), and marlberry (Ardisia escallonioides), combined with patchy, but thick areas of invasive Brazilian pepper (Schinus terebinthifolius) and Australian pine (Casuarina equisetifolia). The larger native trees include poisonwood (Metopium toxiferum), myrsine (Myrsine cubana), lancewood (Ocotea coriacea), and dahoon holly. The dominant herbaceous vegetation within wetland areas along the project site is sawgrass (Cladium sp.), arrowhead (Sagitaria sp.), and sedges (Cyperus spp. & Carex spp.). Napier grass (Pennisetum purpureum) and Spanish needle (Bidens spp.) are the dominant herbaceous vegetation in the upland areas (roadside berms and unmaintained roadway shoulders).

PROPOSED WORK: The proposed project involves work on 91 existing electric distribution line support poles, including the replacement of 50 wood support poles with concrete support poles, the replacement of 19 wood support poles with wood support poles, the placement of 21 new wood support poles, the removal of one wood support pole in its entirety, the removal of existing and/or placement of new guy anchors, and the transfer of the 13.2 kilovolt aerial electric distribution lines to the new structures. All replacement support poles will be placed within 2 feet of existing support poles. Of the 91 support pole locations, 57 are within, or adjacent to, wetlands. The applicant proposes the use of temporary construction matting within a 25 foot radius around those support pole locations adjacent to wetlands. Areas where guy anchors are to be removed in wetlands will be accessed on foot and done so with hand tools so as to not further impact wetlands. The proposed project will have permanent impacts to a total of 0.009 acres (405 square feet) of wetlands for pole placement, replacement, and backfill of void spaces and temporary impacts to 1.04 acres (45,302 square feet) of wetlands for construction matting.

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 project will be conducted in a manner that does not cause or contribute to violations of state water quality standards. Erosion protection measures (e.g., silt fence) will be installed at the proposed pole removal and pole installation locations within or in close proximity to wetlands to ensure that state water quality standards for turbidity are met. Matting or other minimum ground pressure equipment (if conditions at the site are favorable and rutting would be less than or equal to 3 inches) will be used when necessary to traverse wet portions of the project area. Matting will be removed prior to project completion. All areas will be restored to natural grade immediately after work is complete. Vegetation clearing will occur no lower than the soil surface.”

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

As mitigation for the proposed wetland impacts, FPL will purchase freshwater herbaceous wetland credits from FPL Everglades Phase II Mitigation Bank.

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 letters dated November 18, 2019.

ENDANGERED SPECIES: The Corps assessed the project site for Federally listed species using the U.S. Fish and Wildlife Service’s (FWS) Information for Planning and Consultation (IPaC) web site and all available GIS data within the Corps’ Resources at Risk system, for purposes of complying with Section 7 of the Endangered Species Act (ESA) of 1973 (as amended). The IPaC system generated a list of 44 species within Miami-Dade County.

The Corps has determined that the proposed project may affect the Florida bonneted bat (Eumops floridanus), Florida panther (Felis concolor coryi), and Stock Island tree snail (Orthalicus reses), and may affect, but is not likely to adversely affect, the American crocodile (Crocodylus acutus) and Eastern indigo snake (Drymarchon corais couperi). The Corps has initiated formal consultation with the FWS pursuant to Section 7 of the ESA, by separate letter dated May 3, 2019.

The Corps has also determined that the proposed project would have no effect on the West Indian manatee (Trichechus manatus), Bachman’s warbler (Vermivora bachmanii), Cape Sable seaside sparrow (ammodramus maritimus mirabilis), Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida grasshopper sparrow (Ammodramus savannarum floridanus), Florida scrub-jay (Aphelocoma coerulescens), ivory-billed woodpecker (Campephilus principalis), Kirtland’s warbler (Setophaga kirtlandii), piping plover (Charadrius melodus), red knot (Calidris canutus rufa), red-cockaded woodpecker (Picoides borealis), American wood stork (Mycteria americana), hawksbill sea turtle (Eretmochelys imbricata), leatherback sea turtle (Dermochelys coriacea), loggerhead sea turtle (Caretta caretta), Atlantic sturgeon (Acipenser oxyrinchus), Bartram’s hairstreak butterfly (Strymon acis bartrami), Florida leafwing butterfly (Anaea troglodyta floridalis), Miami blue butterfly (Cyclargus thomasi bethunebakeri), Schaus swallowtail butterfly (Heraclides aristodemus ponceanus), beach jacquemontia (Jacquemontia reclinata), Blodgett’s silverbush (Argythamnia blodgettii), Cape Sable thoroughwort (Chromolauna frustrata), Carter’s mustard (Warea carteri), Carter’s small flowered flax (Linum carteri carteri), crenulate lead plant (Amorpha crenulata), deltoid spurge (Chamaesyce deltoidea), Everglades bully (Sideroxylon reclinatum ssp. Austrofloridense), Florida brickell-bush (Brickellia mosieri), Florida pineland crabgrass (Digitaria pauciflora), Florida prairie-clover (Dalea carthagenensis floridana), Florida semaphore cactus (Consolea corallicola), Garber's spurge (Chamaesyce garberi), Okeechobee gourd (Cucurbita okeechobeensis), pineland sandmat (Chamaesyce deltoidea pinetorum), Sand flax (Linum arenicola), Small's milkpea (Galactia smallii), tiny polygala (Polygala smallii), Florida bristle fern (Trichomanes punctatum ssp. Floridanum), 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 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 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, aesthetics, 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.