SAJ-2025-00633

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). The purpose of this public notice is to solicit comments from the public regarding the work described below:

If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at Catrina.N.Frey@usace.army.mil.

APPLICANT: Michael Holdsworth

                          Duke Energy

                          3300 Exchange Place

  Lake Mary, FL 32746

AGENT:          Michael Pshar

                          Verdantas (fka Flatwood Consulting Group, Inc)

                          8306 Laurel Fair Circle

                          Suite 120

                          Tampa, FL  33610

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Shingle Creek.  The project/review area is located adjacent to 12201 International Dr  in 24 Section, 24S Township, 28E Range; at Latitude 28.384428 and Longitude -81.47393; in Orlando, Orange County, Florida.

EXISTING CONDITIONS: The property consists of an existing power substation within a mixed hardwood wetland.  The existing structures are surrounded by stormwater conveyance features that feed into the existing stormwater retention pond adjacent to the substation.

PROJECT PURPOSE:

Basic:  Improve utility infrastructure.

Overall:  Improve utility infrastructure within Orange County Florida.

PROPOSED WORK:  The applicant requests authorization to expand the International Drive Substation with capacitor bank upgrades and expansion of the substation yard. The substation expansion will result in approximately 0.60 acres of wetland impacts.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

Overall, the applicant has designed the project to have as minimal adverse effect on wetland resources to the greatest extent practicable. Duke Energy is proposing to expand the existing International Drive Substation and complete capacitor bank upgrades. The International Drive Substation was originally permitted under WRP No. 48-273412-4; to construct the substation, and MS48-273100 (1995) to construct and operate a surface water management system (SWMS). This expansion is required to provide a vital enhancement to the Duke Energy power grid. In an ongoing effort to provide reliable power to nearby residents, construction of new utility infrastructure is necessary to meet demand. The proposed International Drive Substation Expansion project includes construction of new utility infrastructure within the existing substation yard (capacitor bank upgrades) and expansion of the substation yard. Stormwater

quality and quantity has been accounted for in the existing stormwater pond (Pond 1, permitted under MS48-273100, 1995), see Drainage Calculations Report. All fill material used for the construction of the substation expansion stabilization will be clean, free of debris and toxic or deleterious substances. Sedimentation and erosion control devices will be installed and maintained during construction to prevent impacts to adjacent wetlands and surface waters. The locations of the proposed activities associated with

the substation expansion and capacitor bank upgrades are restricted to works occurring over natural wetlands to the south due to the juxtaposition of existing SWMS (north), access road and utility easement / transmission line (east), and existing development (west). The applicant designed the project to avoid and minimize impacts to wetlands to the greatest extent practicable while maintaining project objectives of enhancing the Duke Energy power grid to better serve the residents of Orange County. The substation

expansion will result in approximately 0.60-acres of wetland impact.

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

This project is located within the Shingle Creek Drainage Basin. To compensate for the functional wetland loss, Duke will purchase 0.38 State UMAM credits from the Shingle Creek Mitigation Bank and 0.38 Federal WRAP credits from the Florida Mitigation Bank; both mitigation banks service the Shingle Creek Drainage Basin (Wetland A drainage basin), thus purchased credits will offset proposed wetland impacts in-basin.

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, federally recognized tribes and other interested parties.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect, not likely to adversely affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The Army Corps is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by The Army corps.

This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

NAVIGATION: The proposed structure or 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 of 1899 (33 USC 408) because the activity, in whole or in part,   would not alter, occupy, or use a Corps Civil Works project.

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. 0457846-001.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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.

COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until March 24, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Catrina Frey at catrina.n.frey@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Catrina Frey, 4400 PGA Blvd Suite 500 Palm Beach Gardens, FL 33410.  Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

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