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Palm Beach and Broward. Florida Power and Light. Juno Beach, FL. PROJECT PURPOSE: Basic: Aerial Transmission Line. Overall: Construct a new 500kV aerial transmission line which connects FPL’s existing power generation facility in western Palm Beach County to serve Miami Dade and Broward Counties, Florida.

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

Attention: Matthew Raffenberg

700 Universe Boulevard

Juno Beach, Florida 33408

WATERWAY AND LOCATION: The project would affect 10.23 acres of waters of the United States associated with non-tidal freshwater wetlands and the Central and South Florida L-15 and L-18 Canals. The project site is 43.5 miles long. The northern end of the proposed transmission line starts west of the Florida Power and Light’s (FPL) West Energy Center, Sugar Substation, just north of State Road (SR) 80 and east of the intersection with County Road 880 and extends south to Interstate I-75, traversing the west boundary of the Loxahatchee National Wildlife Refuge (Water Conservation Area (WCA) 1), to the northwest side of Water Conservation Area 2A, south to the boundary between east boundary of WCA 3A and west boundary of WCA 2A and 2B, terminating at I-75, within Palm Beach and Broward Counties, Florida.

County

Section(s)

Township

Range

Palm Beach

31,32

43 South

40 East

Palm Beach

5, 6, 7

44 South

40 East

Palm Beach

12,13, 14, 23, 26, 27, 33, 34

44 South

39 East

Palm Beach

4, 9, 16, 21, 28, 32, 33

45 South

39 East

Palm Beach

4, 5, 8, 9, 17, 19, 20, 30, 31

46 South

39 East

Palm Beach

36

46 South

38 East

Palm Beach

1, 2, 11, 14, 15, 21, 22

47 South

38 East

Broward

27, 28, 34, 35

47 South

38 East

Broward

1, 2, 11, 12, 13

48 South

38 East

Broward

18, 19, 20, 29, 32

48 South

39 East

Broward

4, 5, 9, 16, 21, 28

49 South

39 East

Directions to the site are as follows: Take Interstate 95 to Exit 68 for Southern Boulevard/ SR 80 and travel west approximately 19 miles. The northern terminus of the project will be on the left (north) side of SR 80 just west of the FPL West energy center within an existing FPL easement.

APPROXIMATE CENTRAL COORDINATES:

Location

Latitude

Longitude

Northern Terminus

26.691969°

-80.376043°

Southern Terminus

26.146836°

-80.448666°

PROJECT PURPOSE:

Basic: Aerial Transmission Line

Overall: Construct a new 500kV aerial transmission line which connects FPL’s existing power generation facility in western Palm Beach County to serve Miami Dade and Broward Counties, Florida.

EXISTING CONDITIONS: The project area is located within a corridor that was designed and constructed in the 1970’s for the construction of two existing 500kV lines, and was constructed to accommodate a future third line. The two existing 500kV transmission lines that are similar in dimensions to the proposed new line. In

the northern portion of the project, the area north of US27, site conditions consist of a previously cleared and improved right of way containing previously constructed roads as well as previously constructed, elevated upland pads that are spaced approximately 1,200 feet from one another. The wetland areas consist of disturbed freshwater wetlands that are in differing degrees of conversion to a shrub habitat. Vegetation within onsite wetland areas is comprised of a mixture of cattail (Typha sp.), arrowhead (Sagittaria sp.), primrose willow (Lugwigia peruviana), pickerelweed (Pontederia cordata), salt bush (Baccharis halimifolia), saw grass (Cladium jamaicense), broom sedge(Androgogon virginicus and Andropogon glomeratus), leather fern (Acrostichum sp.), beggar’s tick (Bidens pilosa), Brazilian pepper (Schinus terebinthifolius), and Carolina willow (Salix Caroliniana). Within the southern portion of the project, the area between US27 and Interstate 75, the area consists of a series of previously constructed access canals and previously constructed, elevated upland pads. Wetland areas in this portion of the project are primarily comprised of a mixture of cattails, Carolina willow, Brazilian pepper, saltbush, and primrose willow.

PROPOSED WORK: The applicant seeks authorization to place fill within 10.23 acres of freshwater wetlands to construct a new 43.5 mile long 500kV aerial transmission line. Specifically project activities include: (1) installation of 192 new poles and 180 associated anchors (total of 0.04 acres of wetland impact); (2) repair 73.8 acres of existing access road, within uplands; (3) repair 30.5 acres of existing access pads within uplands; (4) construct 10.19 acres of new access pad, and pad and road expansions 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) and install one 18-inch culvert, three 24-inch culverts, and six 48-inch culverts. Additionally the project will temporarily impact 1.45 acres of freshwater wetlands, which will consist of temporary access matting that will be restored to pre-existing elevations and conditions, once construction is complete. All excavated material will be loaded into dumpsters via truck within the northern section or by barge south of U.S. 27 in the southern section and disposed of at an approved Corps facility. Full drawing set may be provided upon request.

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 proposed transmission line is located within a corridor that was designed and constructed in the 1970’s for the construction of two existing 500kV lines, and was constructed to accommodate a future third line. Existing access roads and pads are being utilized to the greatest extent feasible for access and for structure placement, with the only wetland impacts proposed consisting of locations where the existing road or access pad is not large enough to safely place the necessary construction equipment on or safely provide ingress/egress of the trucks that will be accessing the line for construction and long term maintenance and repair, or where the existing elevated pad is not large enough to contain the structure. The proposed road and pad dimensions were sized to the minimum sizes that will still provide safe access for construction and safe access for long term maintenance and repair. In locations where long term access is not needed, but temporary construction access is needed, the only activity within wetlands proposed is the temporary installation of pressure distribution mats for construction access. Also, due to current wind load requirements the new structures have to be more robust than the existing structures, so the construction equipment will be much larger than what was utilized for the construction of the existing lines, this is requiring the expansion of some of the locations that were designed around the equipment needs of the original construction that involved lighter materials and components.”

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

“The applicant will proposes to purchase 7.04 palustrine emergent credits from FP&L Everglades Mitigation Bank to offset the 10.23 acres of wetland impacts for the project.”

CULTURAL RESOURCES: The Corps is aware of historic properties within or in close proximity of the permit area. The Corps will initiate consultation with the State Historic Preservation Office and, if applicable, those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.

ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Everglade snail kite (Rostrhamus sociabilis plumbeus); Florida Panther (Puma concolor coryi), Eastern indigo snake (Drymarchon couperi); and wood stork (Mycteria americana). The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.

The Corps has determined the proposal would have no effect on any listed threatened or endangered species or designated critical habitat.

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 will not impact essential fish habitat because no EFH is locate within the project area. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region. 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.

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.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410 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, Jerilyn Ashworth, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at Jerilyn.Ashworth@usace.army.mil; by facsimile transmission at (561)626-6971; or, by telephone at (561)472-3508.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

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.

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.

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