SAJ-2024-1175 (SP-KGM)

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 and Light

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Myakka River.  The project site is approximately 924.99 acres located at 41850 Parks Road (Parcel ID 90000303404), in Sections 32 – 34, Township 35 South, Range 22 East, Myakka, Manatee County, Florida.

Directions to the site are as follows:  From I-75, take exit 217 for State Road 70 and head east for 20 miles.  Turn left on Wauchula Road and travel 4 miles north to Grainger Farms Road.

APPROXIMATE CENTRAL COORDINATES:         Latitude      27.390274°

                                                                                 Longitude -82.10036°

PROJECT PURPOSE:

Basic: Renewable Energy

Overall:  The project purpose is to produce 74.5 MW of renewable solar energy in the most cost-effective and timely manner, maximizing utilization of existing infrastructure in FPL’s service territory in Manatee County.

EXISTING CONDITIONS:  The project is approximately 924.99 acres in size and encompasses 13 communities (reference Table 1) characterized by the Florida Land Use, Cover and Forms Classification System (FLUCFCS). Vegetation within these areas is typical for the communities identified. Table 1 conveys the approximate acreage of these communities. Wetlands and surface waters comprise 157.27 acres (17.00%) and uplands comprise 767.72 acres (83.00%). The existing area surrounding the project site consists of various crops and pasture farms.

Table 1: FLUCCS Codes

PROPOSED WORK:  The applicant seeks authorization to discharge 23,861.2 cubic yards of fill material over 0.394 acres of palustrine forested wetlands and 4.523 acres of herbaceous palustrine wetland for the construction of a 74.5 MW renewable solar energy facility.  The proposed work consists of solar panels mounted as tracking arrays with inverters, transformers, unpaved access pathways, laydown yard, collector yard and wet detention area. The solar panels will be supported by steel frames with a driven steel pile foundation system. Directional bores or temporary trenching are proposed to be installed via horizontal directional drill (HDD) to reduce the impacts onsite. Internal access improvements will be conducted which will include stabilizing existing farm pathways, construction of new access pathways, and installation of new culverts or like for like culvert replacement.  An abbreviated set of plans have been included with this public notice. To see the complete set of plans, consisting of 15 pages, please email the project manager listed below.

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:

FPL has designed the solar portion of the project to have no wetland impacts, and minor impacts to excavated surface waters. However, for access to the facility from Wauchula Road, FPL must improve and widen the existing private, unimproved Grainger Farms Road, which results in minor impacts to wetlands and roadside, excavated ditches. The excavated surface waters proposed for impact are of low quality, dominated by nuisance and invasive, exotic vegetation and have been historically impacted due to surrounding land use practices. In order to minimize wetland and surface water impacts associated with Grainger Farms Road improvements, the existing road alignment has been maintained. Furthermore, replacement ditches are proposed on both sides of Grainger Farms Road to maintain existing hydrologic routing and connectivity.

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

The applicant has already purchased 0.01 federal palustrine herbaceous and 0.26 federal palustrine forested credits from the Myakka Mitigation Bank.  They intend on purchasing an additional 0.82 palustrine herbaceous credits from the Myakka Mitigation Bank to offset the proposed 0.394 acres forest and 4.523 acres herbaceous wetland impacts.

CULTURAL RESOURCES: 

The Corps 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 proposal may affect the Audubon’s Crested Caracara (Caracara cheriway).  Habitat for the Audubon’s Crested Caracara is pastures and dry prairies with cabbage palm (Sabal palmetto) and/or live oak hammocks (Quercus spp.) and shallow ponds or sloughs.  The project site does contain viable habitat, and it is possible the species could utilize the site due to the presence of suitable habitat.  Therefore, the Corps concludes that the project may affect this species and will request initiation of formal consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter. 

The Corps has determined the proposal may affect the Eastern Black Rail (Laterallus jamaicensis spp.).  Habitat for the Eastern Black Rail is a variety of salt, brackish and freshwater marsh that can be tidally or non-tidally influence with plant structure being the more important factor. When shrub densities become too high, the habitat becomes less suitable for the species.  The project site does contain viable habitat, and it is possible the species could utilize the site. Therefore, the Corps concludes that the project may affect this species and will request initiation of formal consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.

The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern Indigo Snake (Drymarchon corais couperi) based on the Eastern Indigo Snake Programmatic Effect Determination Key (North Florida), dated August 13, 2013, sequence (A, B, C – may affect, not likely to adversely affect) as there are no known holes, cavities, active or inactive gopher tortoise burrows where a snake could be buried or trapped and injured during project activities. Per the Programmatic Concurrence, the permit, if issued, will be conditioned for use of the USFWS’s most current guidance for Standard Protection Measures for the Eastern Indigo Snake (2021) and no further coordination with the USFWS is required for this species.

The Corps has determined the proposed project would not affect the Everglade Snail Kite (Rostrhamus sociabilis plumbeus). Habitat for the Everglade Snail Kite consists of relatively shallow wetland vegetation, either within extensive marsh systems, or in lake littoral zones. Typically prefer to nest over open waters in areas with good foraging habitats nearby. The project site does not contain viable habitat and is unlikely the species would be observed on site.  Therefore, the Corps concludes that the project would have no effect on this species and consultation with the USFWS is not required.

The Corps has determined the proposed project would not affect the Florida Scrub-Jay (Aphelocoma coerulescens). Habitat for the Florida Scrub-Jay is restricted to scrub and scrubby flatwoods which occur on relict dunes and sand ridges throughout Florida, primarily concentrated along both the Atlantic and Gulf coasts and on the central ridges. The project site does not contain viable habitat and is unlikely the species would be observed on site.  Therefore, the Corps concludes that the project would have no effect on this species and consultation with the USFWS is not required.

The Corps has determined the proposal may affect the Tricolored Bat (Perimyotis subflavus).  Habitat for the Tricolored Bat are forest.  They are found roosting in a viariety of locations including, live and dead leaf clusters of live or recently dead deciduous hardoods, Spanish moss, pine needles eastern red cedar and artificial locations.  The artificial locations include road-associated culverts, barns, porch roofs, bridges, and concrete bunkers.  The project site does contain viable habitat and roosting locations, and it is possible the species could utilize the site. Therefore, the Corps concludes that the project may affect this species and will request initiation of formal consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.

On April 29, 2024, the Corps executed a Resources Screening Tool (RST) report. The RST did not indicate that the site is utilized by, or contains habitat critical to, any federally listed threatened or endangered species, other than those mentioned above. The Corps also reviewed geospatial data and other available information. The Corps has not received or discovered any information that the project site is utilized by, or contains habitat critical to, any federally listed, threatened, or endangered species, other than those mentioned above.

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 0.394 acres of palustrine wetlands inland of the Myakka River. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Myakka 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.

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 the Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207 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, Kimberly G. 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) 251-9190.

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 has been provided by the Florida Department of Environmental Protection (FDEP) under permit 41-0435964-001-EI.

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.