Item E1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 2. 2009
Division: Growth Management
Bulk Item: Yes -K- No
Department:
Staff Contact: Andrew O. Trivette
AGENDA ITEM WORDING:
ApProval of a response to Florida Power and Light's (FP&L) application to the Army Corps of
Engineers (ACOE) to expand the Everglades Mitigation Bank service area to include Monroe County
and the Florida Keys and requesting that the ACOE reject the application.
ITEM BACKGROUND:
The ACOE published a request for public comment on May 14, 2009 regarding application # SAJ-
1995-00155 (MOD-MLC). This application is from FP&L and proposes expansion of the Everglades
Mitigation Bank service area to include Monroe County and the Florida Keys. This would allow
applicants for development within Monroe County proposing impact to wetland areas to mitigate those
impacts through paYment to the Everglades Mitigation Bank. The Everglades Mitigation Bank
restoration location is north of North Key Largo within Miami Dade County. FP&L states that further
restoration of this site may result in downstream benefits for Card Sound and Barnes Sound in North
Key Largo.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
COST TO COUNTY: WA
BUDGETED: Yes _No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No -X AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM # ~ 7.
Revised 11/06
County of Monroe
Growth Management Division
Office of the Director
2798 Overseas Highway
Suite #400
Marathon, FL 33050
Voice: (305) 289-2517
FAX: (305) 289-2854
Board oreoo.tv Comma.ioners
Mayor George Neugent, Dist. 2
Mayor Pro Tern Sylvia J. Murphy, Dist. S
Kim Wigington, Dist. 1
Heather Carruthers, Dist. 3
Mario Di Gennaro, Dist. 4
We strive to be caring, professional andfair
May 26, 2009
Megan Clouser
Army Corps of Engineers
Miami Regulatory Office
9900 S W 1 07th Avenue, Suite 203
Miami, Florida 33176
RE: Expansion of the Everglades Mitigation Bank: Coverage Area
Ms. Clouser:
The intention of this letter is to provide local government comment concerning permit application SAJ-
1995-00155 (MOD-MLC) pursuant to public notice dated May 14,2009. This application from Florida
Power and Light (FP&L) seeks approval for the expansion of the Everglades Mitigation Bank service
area to include Monroe Comty and the Florida Keys.
The Monroe County Board of County Commissioners (BOCC) opposes the proposed expansion of the
Everglades Mitigation Bank to include Monroe Comty and the Florida Keys. By a unanimous vote at a
Special Meeting held on Jme 2, 2009 the BOCC approved the content of this letter and supports
objection to the proposed expansion of the service area for the Everglades Mitigation Bank. The BOCC
feels that the expansion of the service area will decimate local restoration efforts currently funded by
mitigation payments from applicants who impact wetland areas here in the Florida Keys.
Presently, local impacts are mitigated through payment to the Keys Environmental Restoration Fund
(KERF) which conducts restoration efforts locally. KERF has been restoring wetlands for over 28 years
with numerous projects throughout Monroe County including both the upper and lower Keys. This style
of mitigation payment allows for direct impact mitigation through type for type replacement or
restoration in the same sub area as the impact.
The Florida Keys are a national treasure encompassed by a National Marine Sanctuary, housing four (4)
National Wildlife Areas, and 10 State Parks & Historic Sites. The BOCC has worked diligently and our
residents have assisted tirelessly to ensure proper protection of this resource. We urge the Army Corps
to reject this application for expansion of the Everglades Mitigation Bank service area into Monroe
County and to allow local Florida Keys mitigation efforts to continue to thrive here in the Keys.
The existing restoration area for the Everglades Mitigation Bank is north of Monroe County and is
completely within Miami Dade County. FP&L anticipates that further restoration in this area may result
in downstream benefits for Card Sound and Barnes Sound in North Key Largo. However, the proposed
expansion area is the entirety of Monroe County and the Florida Keys the majority of which will derive
no benefit from further restoration of this location.
The BOCC objects to application for expansion and requests the Army corps of Engineers reject the
applicant's proposal.
Sincerely,
George Neugent
Mayor, Monroe County
GN/aot
Attachments:
ACOE Public Notice
FP&L Application Materials
FP&L Fact Sheet
CC:
South Florida Water Management District
Florida Department of Environmental Protection
Florida Department of Community Affairs
United States Environmental Protection Agency
United States Fish and Wildlife Service
National Oceanic and Atmospheric Administration
City of Marathon
City of Key West
City of Layton
City of Key Colony Beach
Village of Islamorada
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
Miami Regulatory OffIce
9900 SW 107th Avenue, Suite 203
Miami, Florida 33176
Regulatory Division
South Permits Branch
~'( 14 2.009
PUBLIC NOTICE
Permit Application No. SAJ-1995-00155 (MOD-MLC)
TO WHOM IT MAY CONCERN: This District has received a
modification request for a Department of the Army permit
pursuant to Section 404 of the Clean Water Act (33 D.S.C. 1344)
as described below:
APPLICANT:
Everglades Mitigation Bank
Florida Power & Light
Attn: Joseph Sicbaldi
700 Universe Boulevard
Juno Beach, FL 33408
WATERWAY & LOCATION:
The existing mitigation bank is located west of the Turkey Point
Facility, east of Card Sound Road in Miami-Dade County, Florida.
Geographic position:
Latitude 250 21' 10.2347"/Longitude -800 23' 58.3092"
PROPOSED MODIFICATION:
Via correspondence dated, May 8, 2009, Florida Power & Light
(the permittee) has requested a modification to the existing
Everglades Mitigation Bank, Phase 2, to expand the mitigation
bank service area to the Florida Keys (Monroe County). The
current service area encompasses Miami-Dade, Broward and the
majority of Palm Beach County (map attached). The applicant has
requested the modification because of the proximity of the
mitigation bank to the Florida Keys. The downstream benefits of
the mitigation bank may improve the Card Sound and Barnes Sound.
Additionally, there are no permitted mitigation banks in this
area. No additional credits are being generated from this
modification request and the functional assessment Wetland
Assessment Technique for Environmental Review (WATER) would
continue to be utilized, should the modification be approved.
Comments regarding this application should be submitted in
writing to the District Engineer at the above address within 30
days from the date of this notice. Although the public notice
comment period ends in 30 days, the Corps permit decision may
not be made for several weeks after that date as a result of
necessary coordination regarding endangered species and/or
essential fish habitat as well as heavy permit evaluation
workload.
If you have any questions concerning this application, you may
contact Megan Clouser of the Miami Office by letter at the
letterhead address, by telephone (305) 526-7182, by fax (305)
526-7184 or bye-mail at Megan.L.Clouser@usace.army.mil.
U~'L~/4UU~ .U.LU ~~~~~4~'.U~
US Armv COrDS of En2ineers 9900 S. W.I07 Avenne. Suite 203 Miami.. florid. 33176
Facsimile
Due: ~/ 2?;; f
Number of pages including covershcet_
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TO: -IJrl.uJ If \ ve. -( , ~
FROM: fi1) <{ "1 (/& (/)2r
Fax#
(;If; Jd<61
973t
RECEIVED
MAY 2 5 au
GROUJlH MANAGfMENT DIVISlON
U~/~o/~a~~ ~O.LU ~JUJ~~U'.U~
.~.
4e.
EVERGLADES ..
MfTlc;AT'ON BANK
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May 8, 2~09
Ms. Me~ CloUser
US Army COtps of Engineers .
9900 SW 1 07'" Avenue, Suite 203
Miam~) Florida 3317fJ
.Re~ ~ergl.d.' MltiptioD Bank Phase H USACOE SA.J';1t95-15S'(IP-TKW).
Eq)aDlion 01 ~e Perm1fted.Mitiptioll Semee Area '
PUr C~111JW Md
. .:
Dear Ms.. Clauser~
. The E~ MitigatiOJi'Bmk (EMB) is ~ to modify~the e~{sting permitteCf
~ons8tvice AIm <MSA) for~_ 2 ofthc;-BMB ~ incl~.an.an:a-of~c. . -
County '~hiCh '~ kno~ as the ~rida Keys. Currently there are no pCrmi~ ~s
. n,itigation'~~ that service the area of expanSion we are ~...
, . . Background .
. The HMB is a ful.~y permittecl; financially secur~ mitigation bank which has successful.ly'
.~red' over 4000 ~ of wetlands (Phase 1). and is diligently world~ ~ compl~
~~pn aCnvitie.s that 'will aSsure sucussfu1 performance ~Phase. ~ (9000 aCres). It
is cGDtiIUous to. two national parks (Biscayne and Everalades NatiQnal Patks). tbree
'. ~ ,. . .
~ Florida Waters, (Biscayne BaYJ C~ Soun~ ~ Barnes Sound) tWo 89uitic
~ {Biscayne Bay and. Card SOWld)J Cl'OCodile Lake National Wildlife Refuae,. the
F1otida'~eys National Marine S~ and lohn P~p Coral Reef-State Park~
~ are three major ecos,.Stems~~d on. ~ immediately adjacent tQ:. the EMB,.. ~
are ~'.~ ~ound Ecosystem~ ~ Mangrove Eco3ystem arid the. F~~ ~
EcoSystem. The Card Sound Bcosystem'is partly c:ncIosed by the Florida ~ to the east
. " ,
and southeast and. the mainland on the ~ side. .~ Sound is just outside the 'BMB
- site, ~. it is integra1ly Iinbd to JI& biomechaoics of .dIe. BanJc. A luxurialrt _
",: ' ," . , RECE!VEO'HAY~'2 ~
.... .
. P.O.. 80x f4000 .JUNO BEACH . FL.ORIOA 38408 W'WW.F,..L..OOM/aMB
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Everglades Mitigation Bank ;' .
M.~ 8, ,2009 .
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'..~'~trtbat ~.~f~ ~ of bOth Nil and~~~is
"found aI~g' the ',Card ~und sbor.eline. The best d;evclo~ mangro~ .StaQds' are ~d
. . .
. ~~. the. shore1ine .on ~Ove flats whish,. ~ alte.mately' flush~ ,by saline: _ and
. ~~. ~.'s~~ M~~~.~~ will bct1efitJrOmt1iehydro~,? restoration
, '~~ as part of'~' ~haSe 2 activiti~.
, ,
,Mltig~lonse~ce~~ '. . .' ...." ' '-' . .
:~. ~SA i~, the geO~~ca1 area . within ,which a~e i~', riiay be' offset. by, the
, . ~ ~e M-SA for the E~.\WS established. .~' of 'the Co~~~ ;~'1.... "
~e,2 'penw.~. ~e. c~t Dori-~; MM, includes ,~ami-~:.~ 8~:.'
, ,,' , 'eouiitit?S and ~ portion, o~ PSlm ~~ ~~ty '(See Fi~ !)~,The non~li~ ~ce
r '" '~torr is ~ on'the U.S. Geological",S~'s t;USOS)~dro~~e UDi~ Map 'for "
, " 'Flori~ (set ~igw:e'~j. Th~'noo-~ MSA fOt the BMB ro~ghlY confortJls to'the~
, ~aIf of Unit 030902902''(Moi:1l'OC. Mi~i~Dade. Br~. and p~ ,Beacl) Counties).
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, Mitigation S.ennce Ares
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'Map Source: USGs. 1974HYd~otOgiC Unit Me~ .
. ~ 1:ry: Cotl.ur:H..rJng and "HoWUr1:f. Searcy
, AprR 1 a9~' '.. ".
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Thi~boundary is better deScribed. rangin'l to the ~utheru .tip ~f peninsular So~
FIOridii..The ~~y ~aoent;,w...t{eso~ ~'iS ~ed ~tiM;.
,~iSting seiVice teriitQtY'map ~, unit 0309(J203.' This Water.. ~ ~
.enco~ th~ ~on of the Florida .J<eys' adj~ to the .~iStori~ .~ ~wn 'as ..
..FI~da '~1.. The 'Mi~on Service Area ~ i~Uded. a~Ve' is -*n ex~~ ftom" the .
peinut and ~~earJy in~~ '~ '~~ Florida ~~ .~ been 6~Y, co~idered:'~
, . ~lusion .~~ ~",HMO Phase 2 'Service Territ~.
. .-
. 'Enhancement
The .m.ffi ha; ~ ~ h) enlJanoe the netivc ~oi1"~' ~"the";. .
fre8hwat~ ~~ andC?aStat" mait~ve' fting~. By, ~ . the hydrology ~~.
. . veg~o~ o~.th~. com~~ ~~ the EMB will eStab~ a ~Wil~ ~d "~:' :
wetl~dI~angrove zon~ for O"fle~ .1 0 ~ ~f ,'shoreiine COnti~us 'witl), E~es
N~tion8t P~~The:"hy~ogi~.teStot3tion mitigation' pian for Ph., 2 conSi~ of:1hC~ "
~ ~ bl~ ~ overiand. ~,droIOgi~' hisrori~ 'flow ~ In the ~ .of'
~~g ,the hi~~" flow ~s the' ~~e ~~ .~ body .for these
.C0nveyances. is ~th.t qpPer. Kejs water. estuaries of card So~ and: Barnes . Sound and" , '
Low.,r.Bi~ &y ~'UJ.timatdy Florida Bay; ~ ~iai.'~tY ~fthese ~ .
.." "~pt'JVides the ~ rorfliL's requllsfto ~ tbc EM9's Pw.se2 ~A to
include the Fl~~ KeyS'.... '
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Part of ~ ~logi~ IeStoration. prograln deSigned :('or'tht EMB. isto:, place rortY ~40)
" cul~ dttough,the ~:_-IeVee known.aS sFWMD's L3tB whlch trav_ the
( .".' . .. ~ .. . f . ~' . . '., . .," \"
.',.:. .~, 81'14. is,'. ~ci" to'overland sh~ flow. BY;domg~.the..~ter ~ to ~
. ti~ matshaod th~ ~ m8ngi'ove, dwarf'maDgrove and ~Oast,B.l"~es will ~
. ,hea1~ and Productivity ~ these vital ve~:ve ~o~. '.' '.
. .
,Th~ are'~ spec;iesof~~ ~vcs iD:Florid.:tbe red~~ ~~. ~
; ~81e),l . the . black ~,mangrove ,(Avi~ getrrlint.,,), :, ,and the' white. -~ve '
~aria..llIcem~). ~ buttonwood (~1lS erectus) ililKit a ~ man8roVe,. "
: :, but is often fOU11d ~ciaJed ~ t~ abo~ speCies in't1i;e higber..eJevaiio1'J, areas.
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'"', 1\:1qro~ are ~O~! ~~Cat' ~ or s~ ~ ~~etween, ~ear mean sea l~ $\d, .
" ' ~c; ~~~ spring tide ,mark in stable shores ~ t~~ ~ ~i~ communities ~~ as . ,
, . ,: ~s~r,~ye~. t~~veshavean~o~f~ttiat.he1p,~.
. . .~e ~,.this t;ou:n~' ~e ~ Idnd and ocean ~~~' ~~ :for
ni~~ciufb(~o~ in' )Oo~ Soil, ~'~ ~"~, ex~e ~~., ~ialiied:
di~ ~:and speciaH~ ~ ~. deidi41g' witb~saIt. ,
" " : c~n~ons. ~groyes,'are ,the oJily'~e ~viparo~ plants~ ~~es-an: ~~~ .' ',.', '
, . for the;ir 'high prodw.?tivity and; ..consequently, are e~ttemdy important to the:.D.l.\tri~ ,
, .~ of adj~ estu~~'add oth~ .oou1al _:, ~~ ~ alSo serW ,as .
i~ n~, .~~ and. ~ llmIS. ~ a. wide varii:ty.Ohlal'*tiai BIId ~Uatic
orgaiti~s incl~ng ~~~ b~~ ~l~, fi~'~ 'invertebrates. ',Some of'~
~~ are thrCaiened' or '~~geted (Odwn ,m al~ 1984) and, ~tS-~.,highly val':1ed' by
.~and cpmlJlerci!li:~~ inlI~ ando~,
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,,' Mangr~ also . helP' .itr1~oyc' water quality by '~,,~~ ~ents,and by". !
. Cacltitatlng;1hc ~on ~.~ ilf poU~il1 the'~. ~ .
'defin1tely, scrve,':&s ~~ i<> S~~linc ~si~, ~d help tOstabi1iZe"sed.imentS thu~
reducing 'the effec1;~l,ofstomi s., and heavy surf. , t, " .. .
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..'JOe benefit conlributedto the dn~: ~Stein ~y mansrOves' is' ~llIId'.:
eaSjly'reCo~. "Tbe.detri~ and fis~ specie~, ~ fro,~ the 'i~~ and., ,
.ptod.tictiVity of the hy.diologic: restoration' c.tioitf per.forined by the. .'sproj(;Ct goals .
hehij~tb;,.~ofthe~'~~.: .' ." . ..... . .. . , .
,ModifiCation ~.ql.l.~t' ..
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.As"~ 'above, the M~~ 'i~ the ~gr~cat au:ea wi~'whid1 ~ m,~be off$et ~ '
the~.~use ~f~e'~~s adjac;ency to ~o~ national iild.,state parks~,'~-'. : .
, " , sanduari~,' ~~g Florida w~~o ~ 'and itS ..~fits 'w, the ., ',.
. eai8YstlllJls'tha~.are:~ by the ~'aRd the FlOrida K~ area'due to ihe~
efforts. tIi~ ~ o~.tlie,m:m's MS~ ~ in~lude ~'~-of;the'Ftor:l~'Ke~ ~m
',the north '1;ip ~f K~ ':~ down to th~' Key ~est (Figure .l) is a pei'&Ct ;fi~ This reque,st
also suppbrts ~he .CJ,UTent Depsrtment 'of the 'Army, c;Ol'p8 ofEnginccrs &Uidance, Which
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Evergladee ~itig8t1o~ Bank
MaS 8; 2009: , '.'
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Figure 3,
Wetla'.td ,~...rn.nt '.. . . . " '.
'The'Wet;la.nd,:.~ Tecluiique for Environmental Review"(wATBR) ~ beeIt
. . . ".~ to ~vid~. ~ tOOl:1br cvaiU8tlng the. ~~ ~ of~ Everglades .'
. . ~ti~~~: ~~ Th~:~~t. m~thodolo&y;~ ~ '~blCd .ftom, some .of the',
bet1m ~~own ~aItd~~ion techni~ d~lopcd in the past. ..It . inco~'
.. ~ . ' . ....., . .
attn'butes: ~m .so~e' of ib,e .moSi. sophisticated. ana . Jnodem lechniq~ to fumi. a. .
eomprehenS,ive e~.olf;)gical c.?vahtatfoit procedure.'. The assessment techniguc' ~nsistS: of .
'. ~.. . . '.. ., I .' ".
.. tWo septln1te an4 disti.oct ~.~ !he first is a FunCti~a1'Eva1u~on ~ is pUrely"
ecoiogical -hi. nature. TIie.secOnd.'is,a'Valuc Eva1~~ aad retiects.th~ mingation"bank's.
~ite s\!itabf1ity,as. tncasUted by:criteria ~mg the ~al siFi~C;p.oVlded ~ thc.Il"ea'
. . in questioD;. . . \
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Everglades MItigation Bank
, MaS8,2009 -
PIIgEf7 .
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" '~ATSRfsthe~ed~~~'uSe4forboth'P~j'~dPhase~'?fthe ':
B~~S'Miti~tion. ,B~ This as~ent methOd ~uld ~ti~ ,to' be tinlized '(oi: .
. " ' "the,exiS~'~~~pan~MSA. -, ,
'"
, Sho~d' yc)u haVe any questions' or need: - any 'addiflonal infoimati~ Con~ tbis '.~
matter, piease dontt ~itale to tqnt.act.me at 561 6~-6388." ,. " ."
~+~.
,oseph R. Sicbaldi .
,EvqIades Mitjgation Bank "
Florida Power & -Light
.700 Universe Blvd ,
JUno -BeaCh,. fL'334O$,:
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FPL Everglades Mitigation Bank
Non-Linear Mitigation Service Area and Proposed Expansion
c:] SeMce~
Existing
...... Non-Linear
Service
Area
Mtigation Service Plea
Fn3jedSte
- Proposed
Proposed
~ Expansion
Area
.l
US ARMY
CORPS OF ENGINEERS
MAY 1 4 2009
I 0 -{' j
MIAMI REGUlArORv OFFICE
cou L 71 ~- 00 I [ i ;
PROJECT MANAGER: _ c/o ~ {
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an
Environmental Impact Statement will not be required, Coordination with US Fish and Wildlire
Service. Environmental Protection Agency (EPA}. the National Marine Fisheries Services, and
other Federal. Stale. and local agencies, env',ronmental groups, and concerned CitiZens generally
YIelds pertinent environmental information that is Instrumental in determintng the impact the
proposed action will have on the natural resources of the area. By means of this notice, we are
soliciting comments on the potential effects of the project on threatened or endangered species or
their habitat.
IMPACT ON CULTURAL RESOURCES: Review of the latest publiShed version of the National
Register of Historic Plilces indicates that no registered properties, or properties listed as etrgible
for inclusion therein, are located at the site of the proposed work. Presently, unknown
archaeological. scientific, prehistorIcal. or historical data may be lost or destroyed by the work to
be accomplished.
EV ALUA TION: The decision whether to issue a permit wi" be based on an evaluaUon ot 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, noOOplain '!alues, 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 o( 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 of 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 of
Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal. To make
or deny lhis decision, comments are used to assess impacts on 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 Asse'Ssment and/or an
Environrnentallmpact Statement pursuant to the National Environmental Policy Act. Comments are
also used to determine the need for a public hearing and 10 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
\/irgm !slanos. the Department of Planning and Natural Resources permit constitutes compliance
wltt1 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 slale the specific reasons for Z#,ing.
David S. Hobbie
Regulatory Division
-
I=PL
Helping restore & enhance an ecosystem
A fact sheet about FPL's Everglades Mitigation Bank
· FPL owns and manages a 13,455-acre wetland mitigation bank five miles southeast of
Florida City and adjacent to FPL's Turkey Point power plant property in Miami- Dade
County, Florida.
· FPL purchased and zoned the site in the early 1970s for potential power plant expansion.
Because other options are available to meet future generation needs, and because local
and state efforts are underway to restore and enhance the Everglades ecosystem. FPL has
determined that development of this site as a mitigation bank best serves the goals of the
company, its customers and the citizens of Florida.
· The Everglades Mitigation Bank is ideally located in the south Florida landscape. When
combined with the South Florida Water Management District's Southern Glades, the EMB
creates a seamless wildlife and vegetative corridor that unites two of our national treasures -
- Biscayne National Park and Everglades National Park.
· The EMB is currently home to 47 species of plants I animals that are considered threatened,
listed or endangered.
· The Comprehensive Everglades Restoration Plan (CERP) seeks to restore the functional
hydrology of the everglades from the northern boundary of the Loxahatchee National
Wildlife Refuge in Palm Beach County through the southern extreme of the peninsula in
Everglades National Park. The EMB is an integral part of this effort at the interface between
the Everglades and Barnes Sound, the coastal estuary between Biscayne National Park and
Florida Bay. The CERP includes specific components that will divert flow through the EMB
restored areas to improve the coastal ecosystem within and adjacent to the EMB.
· The restoration plan for the EMB calls for significant hydrologic improvement that will re-
establish freshwater flows to areas that were historically sawgrass flats transitioned into a
brackish marsh. This highly productive system functions as habitat to a vast array of macro
invertebrates, fish. amphibians, reptiles, wading birds, raptors, and mammals.
· The EMB restoration will provide additional suitable habitat for the American crocodile which
will enhance FPL's current crocodile monitoring program.
· All EMB restoration will be completed years in advance of any CERP projects and will yield
valuable scientific information that can be used by the CERP to finalize their plans.
~~'
. ~Audubon OF FLORIDA
REF: proposed expansion of
the Everglades Mitigation Bank service area
Keys Environmental
Restoration Fund
I I';Q9 (ht'rst'as I-lighway,
Suitt' 4E
~Iarathon, FL';)(lSO
Tel: 30S-2Hq-qqHH
Fax:)o') - 2Hq-oo/)
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June 2, 2009
The Board of County Commissioners, Monroe County:
Much of what I'm here to tell you today isn't news to you: that the Keys are a place of
extraordinary beauty which draws visitors and residents alike; that the plant and animal
communities here are highly unique in North America and therefore merit special
protection;; or that we have stewardship over the only living coral reef system in North
America. You and countless other individuals have dedicated themselves to balancing
the needs of these rare environmental resources with increasing pressures from
development and its associated impacts. One valuable tool in that balancing act is the
permit process, which requires mitigation to offset the impacts of development. The
U.S. Army Corps of Engineers oversees impacts to our wetland and submerged
resources,l and for 28 years has been directing mitigation fees to the Keys
Environmental Restoration Fund (KERF). KERF in turn has been restoring natural
habitat throughout the Keys to help keep that delicate balance and lessen our human
footprint on the environment. In addition to the direct benefits to the ecosystem, Army
Corps mitigation fees are most often directed to projects within our State Park system,
helping to enhance the tourist experience here. We hire Keys consultants and
contractors whenever possible which helps to keep our economy strong.
The proposed expansion of the service area for Florida Power and Light's Everglades
Mitigation Bank (EMB) would take valuable mitigation dollars out of the Keys and direct
them to restoration on the mainland. While EMB's proposed project has value and will
benefit the immediate area of the Bank, the only portion of the Keys that is sure to
benefit is the immediate project vicinity on Card Sound. In addition, it is not possible to
adequately mitigate for impacts to unique Keys resources by restoring dissimilar habitat
on the mai nland.
KERF and Audubon are appreciative of your efforts here today to oppose the expansion
of the EMB's service area and to keep our mitigation dollars where they will benefit
Keys reSOlJrces and residents.
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Committed to the Restoration. Enhancement. and Manaflement of Florida Kevs Natural Areas
.\ STR.\TLCIC .\LLI.\l'\CL OF THE FLORID.\\I'\D l'\.\TlOl'\.\L\UIH BOl'\ SOCII.TIES 11'\ l)\RT1'\ERSHIP \\'ITH 43 UlC.\L .\l'DUBO!'\' ClL\PTERS
cc: Andrew Trivette, Director of Growth Management, Monroe County
David Anderson, Executive Director, Audubon of Florida
Eric Draper, Policy Director, Audubon of Florida
Jerry Lorenz, State Director of Research, Audubon of Florida
Committed to the Restoration. Enhancement. and Management of Florida Kevs Natural Areas