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:
Orlando Utilities Commission
100 West Anderson Street
Orlando, Florida 32801
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Lake Myrtle (030901010201). The project site is located within the utility right of way within the larger Sunbridge NED development.
Directions to the site are as follows: From Nova Road travel north on Sun Grove Lane approximately 1.25 miles north. The southern endpoint of the proposed segment will be to the west of the road.
APPROXIMATE COORDINATES:
Segment Southern Endpoint: Latitude: 28.29083° Longitude: -81.16404°
Segment Northern Endpoint: Latitude: 28.34445° Longitude: -81.16068°
PROJECT PURPOSE:
Basic: Electric utility infrastructure
Overall: Construct high power transmission line to increase regional transmission capacity and reliability.
EXISTING CONDITIONS: The transmission line segment impacts two broader wetland systems identified as Wetland C and Wetland D in the attached figures. The wetlands and surface waters within the project corridor were classified using the State of Florida FLUCFCS (SJRWMD 2011) description and the U.S. Fish and Wildlife Commission (FWS) Classification of Wetlands and Deepwater Habitats of the United Stated (Cowardin 1979).
Wetland C consists of the following habitat types: 523 Lakes larger than 10 acres (4 hectares) but less than 100 acres, 617 Mixed Wetland Hardwoods, 621 Cypress, 630 Wetland Forested Mixed, and 641 Freshwater Marshes.
Wetland D consists of the following habitat types: 511 Natural streams, 621 Cypress, 630 Wetland Forested Mixed, 641 Freshwater Marshes, and 643 Wet Prairies.
PROPOSED WORK: The applicant seeks authorization to fill approximately 9.6 acres of wetlands for the construction of a high voltage transmission line and associated infrastructure.
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:
“Impacts to wetlands and surface waters were eliminated or reduced to the extent practicable by using the following standards:
• Selection of a ROW that maximizes utilization of upland areas and areas proposed for development.
• Restricting the work areas to the greatest extent practicable to minimize wetland impacts.
• Implementing best management practices (BMPs) and effective soil erosion control measures.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“In accordance with the Wetland Rapid Assessment Method (WRAP), compensatory mitigation to offset wetland functional loss is proposed through purchase of federal mitigation credits from the TM Econ Mitigation Bank.”
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 Red-Cockaded Woodpecker (Picoides borealis), Wood Stork (Mycteria americana), and/or their designated critical habitats. These determinations are based on species specific Programmatic Effect Determination Keys and DRAFT Standard Local Operating Procedures for Endangered Species (SLOPES) guidelines.
The Corps has determined the proposed project “may affect” the Eastern Indigo Snake (Drymarchon couperi). Based on the Eastern Indigo Snake Programmatic Effect Determination Key (dated August 1, 2017), the Corps determination sequence is as follows: A (The project is not located in open water or salt marsh.) > B (The permit will be conditioned for use of the Service’s Standard Protection Measures for the Eastern Indigo Snake during site preparation and construction.) > C (The project will impact more than 25 acres of eastern indigo snake habitat.) = May Affect. The Corps will initiate formal consultation with USFWS pursuant to the aforementioned determination key.
The Corps will request U.S. Fish and Wildlife Service concurrence with these determinations, pursuant to Section 7 of the Endangered Species Act.
ESSENTIAL FISH HABITAT (EFH): The proposed work would have no effect to EFH.
SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project.
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 not 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, Florida 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.
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, Florida within 21 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, Brandon J. Conroy, in writing at the Cocoa Permits Section, 400 High Point Drive Suite 600, Cocoa, Florida; by electronic mail at Brandon.J.Conroy@usace.army.mil; or, by telephone at (321) 504-3771 x 0011.
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.