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 (FPL)
Attn: Mr. Franck Leblanc
15430 Endeavor Drive, D01/JW
Jupiter, Florida 33478
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Lake Okeechobee. The project site is located at 4100 SE 74th Trail, Okeechobee, Florida.
Directions to the site are as follows: Site is located on the north side of State Road 710, approximately 1.5 miles west of SE 90th Terrace.
APPROXIMATE CENTRAL COORDINATES: Latitude 27.210164°
Longitude -80.75065°
PROJECT PURPOSE:
Basic: The expansion of a substation.
Overall: The construction of an expansion of the existing Nubbin Substation Facility and associated stormwater components.
EXISTING CONDITIONS: The land cover types and vegetative communities occurring within the approximate 23.47-acre project area were classified using the Florida Land Use, cover and Forms Classification System (FLUCCS), 1999.
Open Land (FLUCCS code 190) 21.14 acres: Includes undeveloped land within urban areas and inactive land with street patterns but without structures. Normally does not exhibit any structures or any indication of intended use. Often, urban inactive land may be in a transitional state and ultimately will be developed into one of the typical urban land uses although at the time of the inventory, the intended use may be impossible to determine from aerial photo interpretation alone.
Reservoirs less than 10 acres (FLUCCS code 534) 0.003 acres: Artificial impoundments of water. Used for irrigation, flood control, municipal and rural water supplies.
Vegetated, Non-Forested Wetlands (FLUCCS code 640) 1.21 acres: Includes marshes and seasonably flooded basins and meadows. However, on this site there are no marshes present. These communities are usually confined to relatively level, low-lying areas. This category does not include areas which have a tree cover which meets the crown closure threshold for the forested categories. When the forest crown cover is less than the threshold for wetland forest or is non-woody, it will be included in this category. Sawgrass and cattail are the predominant species in freshwater marshes while spartina and needlerush are the predominant species in the saltwater marsh communities.
Roads and Highways (FLUCCS code 814) 0.15 acres:
Electric Power Facilities (FLUCCS code 831) 0.96 acres:
PROPOSED WORK: The applicant seeks authorization to discharge fill material permanently into 0.93 acres of herbaceous palustrine wetlands and temporarily into 0.24 acres of herbaceous palustrine wetlands for the construction of the expanded portion of the Florida Power and Light Company (FPL) Nubbins Substation and the associated stormwater management system.
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 substation expansion is required at its proposed location due to the orientation requirements between the existing 230kV operating bus bar within the existing substation and the configuration of the associated transmission connection points. The bus bar consolidates conductors and is used for collecting electrical power from incoming linear infrastructure which is then distributed through the substation before the power leaves the substation via outgoing feeders. The substation expansion is required as a result for the need to meet an increased electrical demand of the region and therefore was designed to accommodate existing and new transmission lines connecting to and from the substation. If the expansion was proposed to the northwest or southeast of the existing substation, the entire configuration of the substation would need to be re-configured to allow for operating bus bar connections in a different orientation than it is currently constructed. Additionally, a reconfigured substation could require existing transmission structures both on-site and off-site to be replaced or relocated. A different configuration than what is proposed would require the substation and an existing connected solar energy facility to be offline for an extended period. The potential for extended loss of electrical service by the substation and the connected solar energy facility, necessitated construction of the expansion to be in an orientation so that the existing substation could be efficiently connected to existing and new transmission infrastructure while minimizing electrical service interruption.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
In order to compensate for the proposed 0.93 acres of permanent wetland impact and 0.24 acres of temporary wetland impact, 0.69 freshwater herbaceous credits will be purchased from the Bluefield Ranch Mitigation Bank.
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern Indigo Snake (Drymarchon couperi). The Corps evaluated potential impacts to the Eastern Indigo Snake using the Eastern Indigo Snake Programmatic Determination Key 2017. Use of this key resulted in the sequential determination A-B-C-D – May Affect, Not Likely to Adversely Affect due to the project area having no gopher tortoises, no burrows, holes, cavities, or other refugia where a snake could be buried or trapped, and due to the permit verification being conditioned for the use of the USFWS’ Standard Protection Measures for the Eastern Indigo Snake during site preparation and project implementation. In consideration of the key sequence, additional coordination with the USFWS is not required. The U.S. Fish and Wildlife Service (USFWS) previously indicated that they concur with determinations of not likely to adversely affect based on the key; and that no additional consultation is required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Florida Bonneted Bat (Eumops floridanus). The Corps evaluated potential impacts to the Florida Bonneted Bat using the U.S. Fish and Wildlife’s Florida Bonneted Bat Key 2019. Use of this key resulted in the sequential determination: 1a-2a-3a – Conduct a Limited Roost Survey (project size/footprint is less than 5 acres). Limited roost surveys include acoustic surveys, looking/listening for bats, or visual inspection of structures/vegetation. The applicant follows an FWS approved protocol whereby they visually inspect all poles and any vegetation proposed to be cleared prior to any work being conducted and, if a bat or presence of a bat is encountered, their environmental lead is contacted for further instruction. The permit verification would be conditioned that the applicant inspects all poles and trees for the presence of cavities and/or bats prior to construction. The applicant would be required to submit results of the limited roost surveys to the Corps and FWS. If bats or their presence are discovered, construction may not occur and the Corps would be notified, as consultation with the FWS may need to be reinitiated. By programmatic concurrence, no further consultation with the FWS is required at this time.
The Corps has determined the proposed project would have no effect on the Audubon’s Crested Caracara (Polyborus plancus audubonii). The Corps evaluated potential impacts to the Audubon’s Crested Caracara. Audubon’s Crested Caracara prefer open land including pastures and dry prairie with cabbage palm (Sabal palmetto) and/or live oak hammocks (Quercus spp.) and shallow ponds or sloughs. Nesting occurs within cabbage palm trees or live oaks, if cabbage palms are not present. Two to three eggs are laid in late winter, and typically a pair will maintain the same territory for several years. They feed on reptiles, birds, mammals, and carrion. The species is listed as an IPaC species in the Okeechobee County range, per USFWS. The project is absent of any canopy per Google Earth imagery analysis and data form provided by the applicant resulting in the site not a suitable habitat for Audubon’s Crested Caracara. The Corps has determined the project would have no effect on the Audubon’s Crested Caracara.
The Corps has determined the proposed project would have no effect on the Eastern Black Rail (Laterallus jamaicensis). The Corps evaluated potential impacts to the Eastern Black Rail. Black rails require dense vegetative cover that allows movement underneath the canopy. When shrub densities become too high, the habitat becomes less suitable for eastern black rails. Soils are moist to saturated, occasionally dry, and interspersed with, or adjacent to, very shallow water of 1 – 6 centimeters. Eastern black rail habitat can be tidally or non-tidally influenced, and range in salinity from salt to brackish to fresh. Tidal height and volume vary greatly between the Atlantic and Gulf coasts, and therefore, contribute to differences in salt marsh cover plants in the bird’s habitat. In the northeastern United States, the eastern black rail can typically be found in salt and brackish marshes with dense cover but can also be found in upland areas of these marshes. Further south along the Atlantic coast, eastern black rail habitat includes impounded and unimpounded salt and brackish marshes. The species is listed as an IPaC species in the Okeechobee County range, per USFWS. The project is absent of dense vegetative coverage per Google Earth imagery analysis and data form provided by the applicant resulting in the site not a suitable habitat for the Eastern Black Rail. The Corps has determined the project would have no effect on the Eastern Black Rail.
The Corps has determined the proposed project would have no effect on the Everglade Snail Kite (Rostrhamus sociabilis plumbeus). The Corps evaluated potential impacts to the Everglade Snail Kite. The Everglade Snail Kite inhabit large, open, freshwater marshes and lakes from the St. Johns River headwaters south. They prefer relatively shallow water (less than 4 feet) and a low density of emergent vegetation. Their primary food source is the apple snail (Ampullariidae) which they catch at the water’s surface. Snail Kites usually nest over the water in a low tree or shrub. Dense growth of vegetation of any kind is not conducive to the bird’s ability to forage. It is important that nesting sites be close to foraging habitat. The species is listed as an IPaC species in the Okeechobee County range, per USFWS. The area is absent of freshwater marshes and sufficient nearby small trees or shrubs for a suitable habitat for the Everglade Snail Kite. The Corps has determined the project would have no effect on the Everglade Snail Kite.
The Corps has determined the proposed project would have no effect on the Florida Panther (Puma conolor coryi). The Corps evaluated potential impacts to the Florida Panther using the U.S. Fish and Wildlife Standard Local Operating Procedures for Endangered Species revised Panther key 2007. Use of this key resulted in the sequential determination: A, B – No Effect. In consideration of the key sequence, additional coordination with the USFWS is not required. The U.S. Fish and Wildlife Service (USFWS) previously indicated that they concur with determinations of no effect based on the key; and that no additional consultation is required.
The Corps has determined the proposed project may affect, not likely to adversely affect the Wood Stork (Mycteria americana). The Corps evaluated potential impacts to the Wood Stork using the U.S. Fish and Wildlife Service Wood Stork Key for South Florida 2010. Use of this key resulted in the sequential determination: A, B, C, E – Compensation Required; May Affect, Not Likely to Adversely Affect. The U.S. Fish and Wildlife Service (USFWS) previously indicated that they concur with determinations of may effect, not likely to adversely affect based on the key; and that no additional consultation is required.
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 proposal would impact 0.93 acres of herbaceous palustrine wetlands inland of the L-63N Canal and Lake Okeechobee. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Lake Okeechobee. 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.
Navigation: The proposed activity is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not 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.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207 within 15 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, Kimberly Mann, in writing at the Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207, by electronic mail at Kimberly.G.Mann@usace.army.mil or by telephone at (904) 232-1237.
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.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 47-0371646-004-EM.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.