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: Florida Power and Light
WATERWAY AND LOCATION: The project would affect waters of the United States associated with North New River Canal (L-38E). The project site is located from 11101 W Commercial Boulevard, following the outer edge of Water Conservation Area 2B and 2A to approximately 425 feet (ft) northwest of the southwest corner of parcel 00384716000007020, then follows a northeast path until approximately 1,450 ft west-southwest of the northeast corner of Parcel 00384625000009000 in the following Section, Townships, Ranges:
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Section
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Township
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Range
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25, 35, 36
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46 South
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38 East
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2, 3, 10, 15, 16, 21, 22, 27, 34, 35
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47 South
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38 East
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1, 2, 12, 13
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48 South
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38 East
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18 – 20, 29, 32, 33
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48 South
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39 East
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4, 9, 16, 21, 27, 28, 34 – 36
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49 South
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39 East
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12 – 14, 22, 23, 27, 28 ,31 – 33
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49 South
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40 East
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7
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49 South
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41 East
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5, 6
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50 South
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40 East
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Directions to the site are as follows: Easement area is located north of Interstate 75 and east of US 27 in southern Palm Beach County and northern Broward County.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.228053°
Longitude -80.439545°
PROJECT PURPOSE:
Basic: Improve electrical utility service
Overall: Improve electrical service to the public and enhance the reliability of the electrical system in south Florida.
EXISTING CONDITIONS:
Project History:
The proposed Corbett-Conservation 500kV transmission line segment is part of the overall Levee-Midway 500kV Transmission line. The Levee-Midway 500 kV Transmission line is approximately 150 miles from St. Lucie County to Miami-Dade County and was authorized under 6 permits: SAJ-1991-00905, SAJ-1991-01186, SAJ-1991-01997, SAJ-1992-00204, SAJ-1992-00783 and SAJ-2017-00423. The project is split into 5 segments primarily by county. Segment 1 is the northern counties of Martin and St. Lucie, Segment 2 is Palm Beach County, Segment 3 is Broward County, Segment 4 is a branch off the main transmission line to a substation currently identified as the Tamarac Substation, and Segment 5 is Miami-Dade County.
SAJ-1991-00905
On August 21, 1992, authorization was granted to place 91,000 cubic yards of fill over 21.65 acres in conjunction with the construction of Segment 2. Segment 2 consisted of approximately 50 miles of transmission line. To offset proposed impacts, the permittee was to make $28 million contributions to the South Florida Water Management District (SFWMD) for projects directly related to water quality and water quantity management of inflows, and enhance of, the SFWMD Water Conservation Areas. The $28 million was to compensate for all five segments of the Levee-Midway 500kV line originally proposed in 1991.
SAJ-1991-01186
On December 9, 1992, authorization was granted to place 84,000 cubic yards of fill over 25.42 acres in conjunction with the construction of the Segment 5 of the Levee-Midway 500 kV line. Segment 5 consisted of approximately 10 miles of transmission line. To offset proposed impacts, the permittee was to make $28 million contributions to the SFWM District (see above for details).
Three 5-year time extensions were granted on December 20, 1995, October 17, 2002, and June 23, 2006.
On March 18, 2011, joint authorization with SAJ-1992-00783 was granted for the re-authorization to discharge fill material into 94.7 acres of wetlands for the placement of utility poles, fill pads, roads, and culverts. The previous authorized activities approved a total of 103.88 acres of fill in Broward and Miami-Dade Counties (78.46 acres and 25.42 acres, respectively). A portion of the Broward project was constructed prior to the re-authorization, including filling 9.13 acres, therefore the 1992 authorization included only the remaining 69.33 acres to be filled.
On January 18, 2018, joint applications with SAJ-1992-00783 were granted authorizing fill material to be placed over 70.90 acres of wetland comprising of 49.54 acres marsh wetlands, 0.04 acres shrub wetlands, and 21.32 acres Melaleuca wetlands in addition to clearing of 0.67 acres of hammock wetland and 3.76 acres of marsh wetlands. The permits also authorized 289.59 acres of temporary impact (123.50 acres marsh wetlands, 0.07 acres shrub wetland, 0.07 hammock wetland, and 165.95 Melaleuca wetland) and 86.41 acres of indirect impact (59.96 acres marsh wetland, 0.03 acres shrub wetland, 0.09 hammock wetland and 26.33 Melaleuca wetland) associated with the construction of a new 500 kV transmission line. This section of the transmission line was not part of the original 1991 proposed Levee-Midway 500 kV line. The proposed transmission line was approximately 37 miles long and would affect 70.90 acres of water of the United States associated with non-tidal freshwater wetland and SFWM canals. To offset the proposed impacts, FPL was to contribute the remaining mitigation payment of $3,705,657.20 to the SFWMD.
SAJ-1991-01997
On June 11, 1992, authorization was granted to place 6,365 cubic yards of clean fill into 1.57 acres of wetland in St. Lucie County and 4,209 cubic yards of clean fill into 1.26 acres in Martin County in conjunction with the construction of the 36-mile Segment 1. To mitigate for the proposed impact, the applicant agreed to clear 3.81 acres of wetland of exotic vegetation in St. Lucie County and 2.72 acres of wetlands in Martin County.
SAJ-1992-00204
On May 4, 1992, authorization was granted to 1) excavate 5,047 cubic yards of material from 0.33 acres of wetland, 2) place 16,450 cubic yard of clean limestone fill over 4.08 acres of wetland, and 3) excavate 6,800 cubic yards of material from uplands adjacent to the existing canal in conjunction with the construction of a substation within Broward County, part of Segment 4. The permittee agreed to create a 4.5-acre mitigation area contiguous with the 2.6-acre lake prior to the substation construction.
SAJ-1992-00783
On June 18, 1993, authorization was granted to place fill over 125.37 acres of wetlands in conjunction with the construction of utility poles, access roads, pads, and culverts for the Broward County segment (Segment 3) of the 500 kV transmission line. To offset proposed impacts, the permittee was to make $28 million contributions to SFWM District (see above for details).
On August 2, 1995, authorization was granted approving roadless construction modification to the project resulting in 46.91 acres decrease in wetland impacts. Original impact was proposed at 125.37 acres and a ratio of 3.9:1 was required to determine mitigation. With the decrease to 78.46 acres, the permit indicated the new mitigation would be reflecting in the “as built” with the required mitigation ratio remaining 3.9:1. Authorization was also granted for a 5-year time extension.
On October 17, 2002, authorization was granted for a 5-year time extension.
On March 18, 2011, joint authorization with SAJ-1991-01186 was granted for the re-authorization to discharge fill material into 94.7 acres of wetlands for the placement of utility poles, fill pads, roads, and culverts. The previous authorized activities approved a total of 103.88 acres of fill in Broward and Miami-Dade Counties (78.46 acres and 25.42 acres, respectively). A portion of the Broward project was constructed prior to the re-authorization, including filling 9.13 acres, therefore the 1992 authorized included only the remaining 69.33 acres to be filled.
On January 18, 2018, joint applications with SAJ-1991-01186 were granted authorizing fill material to be placed over 70.90 acres of wetland comprising of 49.54 acres marsh wetlands, 0.04 acres shrub wetlands, and 21.32 acres Melaleuca wetlands in addition to clearing of 0.67 acres of hammock wetland and 3.76 acres of marsh wetlands. The permits also authorized 289.59 acres of temporary impact (123.50 acres marsh wetlands, 0.07 acres shrub wetland, 0.07 hammock wetland, and 165.95 Melaleuca wetland) and 86.41 acres of indirect impact (59.96 acres marsh wetland, 0.03 acres shrub wetland, 0.09 hammock wetland and 26.33 Melaleuca wetland) associated with the construction of a new 500 kV transmission line. The proposed transmission line was approximately 37 miles long and would affect 70.90 acres of water of the United States associated with non-tidal freshwater wetland and South Florida Water Management District canals. To offset the proposed impacts, FPL was to contribute the remaining mitigation payment of $3,705,657.20 to the SFWMD. The funds would only be used for projects directly related to water quality and water quantity management projects that would benefit the Water Conservation Areas.
SAJ-2017-00423
On March 22, 2018 authorization was granted to 1) install 192 new poles and associated anchors with a total of 0.04 acres of wetland impact, 2) repair 73.8 acres of existing access within uplands, 3) repair 30.5 acres of existing access pads within uplands, 4) construct 10.19 acres of new access pad and road expansion within freshwater wetlands, 5) repair and replace two 24-inch culverts, five 36-inch culverts, and one 42-inch culvert in the exact location and configuration as existing, 6) install one 18-inch culvert, three 24-inch culverts, and six 48-inch culverts, and 7) aerially cross two Section 10 waterways. The project was also authorized to temporarily impact 1.45 acres of palustrine wetlands for temporary access matting. To offset the proposed impact, the application was to purchase 7.04 palustrine-emergent federal mitigation bank credits from the FP&L Everglades Phase II Mitigation Bank.
The currently proposed project is the northern 7 miles within Segment 2 (Palm Beach County), 14.5 miles within Segment 3 (Broward County) and 11.5 miles within Segment 4 (Loop to Substation in Broward County)
Existing Conditions:
The project is approximately 1,054.72 acres in size and encompasses 4 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 886.48 acres (84.05%) and uplands comprise 168.24 acres (15.95%). The existing area surrounding the project site consists of two residential subdivisions on the southern end, forested lands to the south and west, and various residential subdivisions to the north and northeast.
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FLUCCS
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Description
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Acreage
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Percent Land Acres
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190
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Open Land
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156.06
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14.80
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510
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Streams and Waterways
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4.19
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0.40
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641
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Freshwater Marshes
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882.29
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83.65
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814
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Roads and Highways
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12.18
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1.15
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PROPOSED WORK:
The applicant seeks authorization to discharge 83,662-cubic yards of fill material over 6.52 acres of palustrine herbaceous wetlands for the maintenance of the FPL’s Corbett-Conservation 500 kV transmission line. The proposed work consists of replacing the existing structures (poles) and foundations, as well as improvements and repair to the access/patrol road facilities. The work proposed is maintenance on the existing corridor, within the previously certified corridor, and there are no proposed changes to the locations of the circuits or the dimensions of the corridor.
The proposed activity specifically includes the replacement of poles along the existing transmission line segment on the Corbett-Conservation 500kV line, with the existing conductors remaining and being transferred to the new poles. As with the existing poles, each pole will consist of two concrete caissons supporting the aerial tower structure. There are a total of 284 caisson foundations to be replaced, with 220 of the caisson foundations being located within wetlands. Of the ones within wetlands, 21 caisson foundations will be removed and reconstructed within uplands and the other 199 will be replaced within the wetlands. The replacement pole will have a cross sectional area at ground surface of approximately 50 square feet per pole (25 square feet per caisson). The replacement of poles will require an additional 0.09 acres of wetland impact. Once the new poles are in place the existing conductors will be transferred to them and the old poles will be removed, and the foundations will be cut below grade with soil placed back in the hole to match surrounding grade. The removed caisson locations will be allowed to re-vegetate once removal and re-grading is complete and should quickly return to wetland function.
As most of the poles are within marsh areas and not adjacent to patrol roads, a series of temporary mat roads and pads will need to be utilized to safely access these areas and to minimize rutting within the marsh areas. A total area of 46.67 acres of temporary, pressure distribution matting will be needed for construction. Additionally, in areas where canals are present and water levels are sufficient adjacent to pole locations, barges and low ground pressure aquatic access equipment will be utilized for construction access, which will allow for a reduction in matting access within those areas.
In addition to temporary access, 6.43 acres of permanent fill improvements to the existing access facilities are needed to allow for safe work access during construction and for long term maintenance and storm repair for these lines. These access improvements consist of the improvement and expansion to existing access ramps to allow for safe transitions off of the existing elevated roads, down to the marsh areas to access structures and to facilitate long term inspection and maintenance activities.
An abbreviated set of plans have been included with this public notice. To see the complete set of plans, consisting of 72 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:
This rebuild is needed to allow for continued electrical service to the public and enhance the reliability of the electrical system in the region. As the work consists of the rebuild of the existing line, the location of the rebuild is fixed by the existing line and associated substations. The foundation sizes have been minimized to the smallest dimension which will support the new structures (poles), and temporary matting is being utilized in place of permanent access roads to greatly reduce the amount of permanent fill needed.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To provide compensation for wetland impacts associated with the overall Levee-Midway project as authorized by TA89-07 and SAJ-1991-01186/SAJ-1992-00783, FPL has previously contributed $28,000,000.00 to the SFWMD. These funds were used for land acquisition and construction costs associated with the Everglades Nutrient Removal Project and Stormwater Treatment Areas specified in the Everglades Surface Water Improvement and Management Plan.
In addition, FPL has enhanced 553.2 acres of wetlands within the District’s Dupuis Reserve, 3.81 acres of wetlands in St. Lucie County, and 2.72 acres of wetlands in Martin County. The applicant has also installed two water control structures at the west and east end of Hog Pen Ditch to enhance wetlands within in the Savannas Preserve State Park in St. Lucie County.
To offset the currently proposed fill impacts of 6.52 acres it is proposed that 16.37 credits be utilized, from the residual 367.6 credits available under the previous permits. The subject impact areas are of moderate quality and are primarily vegetated with a mixture of cattail, sawgrass, pickerelweed, Carolina willow, primrose willow, and Brazilian pepper.
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:
On April 7, 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 below. 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 below.
NO EFFECT:
The Corps has determined the proposed project would not affect the Audubon’s Crested Caracara. Habitat for the Audubon’s Crested Caracara is open land including 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 not encompass suitable habitat. 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 American Crocodile (Crocodylus acutus). Habitat for the American Crocodile is mangrove swamps and along low energy mangrove lined bays, creeks, and inland swamps. 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 West Indian Manatee (Trichechus manatus) based on the U.S. Fish and Wildlife Service State of Florida Effect Determination Key for the Manatee in Florida, dated April 2013 and the May 2019 Addendum sequence (A – no affect) as the proposed work is not located in waters accessible to manatees and does not directly or indirectly affect manatees. Per the Programmatic Concurrence, no further coordination with the USFWS is required for this species.
MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT:
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 (South Florida), dated August 1, 2017, sequence (A, B, C, D – may affect, not likely to adversely affect) as the proposed work would impact less than 25 acres of eastern indigo snake habitat with no known holes, cavities, active or inactive gopher tortoise burrows. 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 may affect, but is not likely to adversely affect the Florida Bonneted Bat (Eumops floridanus) based on the 2019 Florida Bonneted Bat Key sequence (1, 2, 13, 14, 15 – may affect, not likely to adversely affect) as the proposed work is within suitable foraging habitat and over 8 miles away from high quality potential roosting areas. Per the Programmatic Concurrence, the permit, if issued, will be conditioned to adhere to Best Management Practices for this species (an attachment will be included) and no further coordination with the USFWS is required for this species.
MAY AFFECT
The Corps has determined the proposed project may affect the American Alligator (Alligator mississippiensis). Habitat for the American Alligator is freshwater lakes and slow-moving rivers and their associated wetlands, but they can be found in brackish water habitats. The project site does contain viable habitat and is possible the species would be observed on site. Therefore, the Corps concludes that the project may affect this species and will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposed project may affect the Easter Black Rail (Laterallus jamaicensis ssp.). 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 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 is possible the species would be observed on site. Therefore, the Corps concludes that the project may affect this species and will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposed project may affect the Florida Panther (Puma concolor coryi) based on the Florida Panther Effect Determination Key sequence (1, 3 – may affect) as the proposed work is partially within the Panther Focus Area and the project is greater than 1 acre. Per the Programmatic Concurrence, initiation of formal consultation with the USFWS pursuant to Section 7 of the Endangered Species Act is required for this species.
The Corps has determined the proposed project may affect the Wood Stork (Mycteria americana) based on the U.S. Fish and Wildlife Service Wood Stork Key for South Florida dated May 2010 sequence (A – may affect) as the proposed work is within 0.47 miles of a known active colony. Per the Programmatic Concurrence, initiation of formal consultation with the USFWS pursuant to Section 7 of the Endangered Species Act is required for 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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the North New River Canal and Water Conservation Area 2A & 2B. 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 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.
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.
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.
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 Transmission Line Siting Act application no. TA 89-07
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.