SAJ-2025-01427(SP-JRP)

TO WHOM IT MAY CONCERN: The purpose of this notice is to advise the public that the United States (U.S.) Army Corps of Engineers, Jacksonville District has implemented special emergency processing procedures approved by South Atlantic Division for the following request for Department of the Army (DA) authorization for an energy activity covered under Executive Order 14156, Declaring a National Energy Emergency, which was issued on January 20, 2025. That Executive Order directed the establishment of these special emergency processing procedures for permitting activities associated with the identification, siting, production, transportation, refining, and generation of domestic energy sources, including energy infrastructure. For the reasons stated in Sec. 1 of EO 14156, the President has found that these activities would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard permitting procedures.

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 Janice.R.Price@usace.army.mil.

APPLICANT: Franck Leblanc

                     Florida Power & Light Company

                     15430 Endeavor Drive

         Jupiter, Florida 33478

WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Myakka River.  The project site is located adjacent to and east of SR 776 bridge, Section 28 and 33, Township 40 South, and 21 East; at starting at latitude 26.948089° and longitude -82.214963° and ending latitude 26.961680° and longitude -82.211421°; in Port Charlotte, Charlotte County, Florida.

EXISTING CONDITIONS: The proposed project is located adjacent to and east of the existing SR 776 bridge.  The site is surrounded by the existing highway to the west, pine flatwoods, salt marsh and mangroves on the south side, the Myakka River to the east, and private residential on the north end. According to the National Regulatory Viewer - South Atlantic Division - Florida (Regulatory Viewer), the Florida Land Use and Cover Classification System (FLUCCS) land use codes within and adjacent to the proposed project area include the following: 1300 Residential High Density, 4110 Pine Flatwoods,  5400 Bays and Estuaries, 6120 Mangrove Swamp, 6430 Wet Prairie, 8100 Transportation. In addition, according to the U.S. Fish and Wildlife Service National Wetland Inventory (NWI) mapping layer on the Regulatory Viewer, the following wetland code is identified within the proposed project area: E1UBL, E2US2N, E2FO3N, PSS1/3R. This is an estuarine subtidal unconsolidated bottom, estuarine intertidal unconsolidated shore, and estuarine intertidal forested.

PROJECT PURPOSE:

Basic:  The basic project purpose is a new transmission line.

Overall:  The overall project purpose is to construct a new transmission line in Port Charlotte, Charlotte County, Florida.

PROPOSED WORK:  The project is identified as Florida Power and Light (FPL) Coast-McCall 138kV T31435.  A review of the information and drawings provided indicates that the proposed work would result in the installation of four concrete poles  (307J5, 307J6, 307J7, and 307J8) within wetlands (salt marsh and mangroves), three steel poles (307J1, 307J2, and 307J3) within waters of the United States (Myakka River), fill within wetlands (salt marsh and mangroves) for an elevated patrol road and work pads are proposed, and 0.45 acres of temporary impacts for matting and selective vegetation clearing.

The proposed work includes:

1. The permanent fill of 0.00045 acres (0.7272 cubic yards) per pole for a total of 0.0023 acres (2.9089 cubic yards) of fill within waters of the United States (Myakka River).  The proposed vertical clearance between the point of maximum sag is 59.64 feet to the base of SR770 Bridge, which would exceed the minimum established clearances referenced in regulation 33 33 CFR 322.5(i) and the Department of the Army Engineering and Design Regulation document ER 1110-2-4401: Clearances for Electric Power Supply Lines and Communication Lines Over Reservoirs. The crossing would affect 2,638 linear feet of waters of the United States.
2. The permanent fill of 0.0010 acres (1.6362 cubic yards) per pole for a total of 0.0030 acres (4.9087 cubic yards) of fill within wetlands (salt marsh and mangroves) for three steel poles (307J1, 307J2, and 307J3).
3. The permanent fill of 1.65 acres (2,663.85 cubic yards) of wetlands (salt marsh and mangroves) for construction of an elevated patrol road and work pad.
4. Temporary wetland impacts are proposed in the form of matting and selective vegetation clearing. Proposed temporary impacts total 0.45 acres within wetlands (salt marsh and mangroves), comprising 0.22 acres of matting with selective vegetation clearing and 0.23 acres of additional selective vegetation clearing which is needed for offset areas to facilitate construction. Work areas within or adjacent to wetlands or surface waters will be contained with erosion controls including silt fence. Grades in work areas will be repaired and restored following the completion of work, and spoil material will be removed from wetland or surface water areas.

According to the applicant, the purpose of the project is the proposed transmission line which is needed to provide electrical service to the public.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: Structure sizes and span lengths have been maximized in order to minimize the quantity of structures (poles) needed to accomplish the line crossing.  The proposed access improvements have been minimized to be as small as feasible, while still providing safe access for construction, maintenance access, and emergency repair access.  The river crossing location has been evaluated for the presence of submerged aquatic vegetation in September 2024, with none being found.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: In order to mitigate for the proposed 1.66 acres of permanent impact, to the saltmarsh wetland area, and 0.45 acres of vegetation impact, to the saltmarsh wetland areas, it is proposed that 1.43 estuarine forested credits from the Little Pine Island (LPI) Mitigation Bank be provided.

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), National Marine Fisheries Service (NMFS) Section 7 Mapper, and the NMFS Critical Habitat Mapper 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 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.

This notice serves as request to the National Marine Fisheries 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.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action may adversely affect EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Implementation of the proposed project would directly impact approximately 0.003 acres of surface water impacts and 1.65 acres of wetlands (mangrove and salt marsh). The effects of the project are determined to be minimal and permanent. These habitat(s) are utilized by the following species and their various life stages: