STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA POWER AND LIGHT COMPANY ) DUVAL-POINSETT TRANSMISSION ) LINE CORRIDOR, )
)
Petitioner, )
)
vs. ) CASE NO. 81-1938TL
) STATE OF FLORIDA, DEPARTMENT OF ) ENVIRONMENTAL REGULATION, et al., )
)
Respondent. )
)
RECOMMENDED ORDER
This proceeding was held pursuant to the Transmission Line Siting Act, Sections 403.52 - 403.536, Florida Statutes (1981), and Chapter 17-17, Florida Administrative Code, to consider the application of Florida Power and Light Company for site certification of a 500 kV transmission corridor running between the Duval Substation in Duval County and the Poinsett Substation in Orange County, and connecting to the sites for two proposed intermediate substations, a Rice Substation in Putnam County and a Rima Substation in Volusia County. This transmission corridor, designated the Duval-Poinsett 500 kV transmission corridor, is to accommodate two parallel 500 kV transmission lines.
Pursuant to proper notice, the certification hearing was held on January 11 through 27, 1982, in Daytona Beach, Florida, for the purpose of receiving testimony and evidence concerning whether the location and maintenance of the proposed transmission line corridor, and the construction of the transmission lines, will produce minimal adverse effects on the environment and public health, safety, and welfare, and effect a reasonable balance between the need for the facility as a means of providing abundant, low-cost electrical energy, and the environmental impact.
The following parties entered appearances at the certification hearing:
Applicant, Florida Power and Light Company (FP&L)
Florida Department of Environmental Regulation (DER)
Florida Game and Fresh Water Fish Commission (GFWFC)
Florida Department of Veteran and Community Affairs (DVCA)
Florida Department of Natural Resources (DNR)
St. Johns River Water Management District (SJRWMD)
Brevard County
Flagler County
Orange County
Putnam County
Seminole County
Volusia County
City of Daytona Beach
City of Palatka
George Anderson, James Rose, O. L. Jack White, Gene White, John Spencer Robinson, James Phillips, and C. G. Phillips, referred to Collectively herein as "Cone Farm"
Consolidated Tomoka Land Company
Numerous individual property owners in the Cypress Isles and Deer Run subdivision and the Lake Ashby area, as listed in the
Pre-Trial Statement and Amended Notice of Intent to Become Party dated December 29, 1981, referred to Collectively herein as "Cypress Isles"
Container Corporation of America
Dimension Investment Corporation
Geneva Citizens Association
Mauricio Gluck, Trustee
Helen M. Hogan and Catherine Youngs Thompson, personal representatives of the Estate of Thomas F. Cousins, deceased.
Jennings Family Liquidating Trust
In addition to the parties who entered appearances at the hearing, the Florida Department of Transportation and the Jamestown Investment Company are also parties to this proceeding.
Having considered all testimony and evidence properly admitted, having heard argument of counsel, and being otherwise fully apprised herein, the following Findings of Fact, Conclusions of Law and Recommended Order are entered.
FINDINGS OF FACT
The proposed transmission line corridor is for the purpose of locating two 500 kV transmission lines scheduled to be placed in service in 1985. These lines will be part of a transmission expansion plan to provide a 500 kV transmission network along the Florida east coast from Georgia to southeast Florida. This transmission network will allow the import of coal-generated electricity from the Southern Company in Georgia and transfers of coal-generated electricity from future generating facilities located in Duval County and Putnam County. This transmission corridor is referred to as the Duval-Poinsett Transmission Corridor. The northern terminus of the corridor is to be located in Duval County and the southern terminus of the corridor is to be located in Orange County. The length of the corridor is approximately 175 miles.
Within the corridor there will be placed a 330 foot wide right-of-way for two 500 kV transmission lines constructed upon tubular steel H-frame structures with an approximate span between structures of 1,320 feet. Although the width of the right-of-way would normally not exceed 330 feet, that width could extend to 380 feet where angle structures in the line are required. Similarly, in some places the right-of-way may be narrower than 330 feet.
Pursuant to the requirements of Section 403.537, Florida Statutes (1981), the Florida Public Service Commission, by order dated June 29, 1981, concluded that:
The two proposed Duval-Poinsett 500 kV transmission lines will enhance electric system reliability and integrity.
The two proposed Duval-Poinsett 500 kV transmission lines will improve the availability of low-cost electric energy within the State of Florida.
The Duval Substation and the Poinsett Substation are appropriate starting and ending points for the proposed line.
The Public Service Commission then determined that the proposed transmission line is needed.
Notice of the final certification hearing as scheduled for November 23, 1981, was published in the Florida Administrative Weekly, Volume 7, No. 42, October 16, 1981; The Daytona Beach Morning Journal, on September 24, 1981; The Florida Times Union, on September 23, 1981; The Sentinel Star, on September 23, 1981; and The Palatka Daily News, on September 24, 1981. Pursuant to motion, the final hearing as scheduled for November 23, 1981, was subsequently continued to January 11, 1982. Pursuant to that continuance, notice of the final certification hearing as continued was published in the Florida Administrative Weekly, Volume 7, No. 51, December 18, 1981; The Daytona Beach Sunday News Journal, on November 22, 1981; The Florida Times Union, on November 21, 1981; The Palatka Daily News, on November 20, 1981; and The Sentinel Star, on November 12, 1981. All parties to this proceeding had actual notice of the proceeding.
For the purposes of this Recommended Order the corridor for which FP&L seeks certification will be broken into six segments as follows: the Duval-to- Rice Segment; the Palatka Area Segment (Rice Substation to Putnam-Flagler County line); the Flagler County Segment; the Volusia County Segment; the Seminole County Segment; and the Orange County Segment. In addition, a corridor segment
from Interstate IV in Volusia County, south through Brevard County, and west to the Poinsett Substation in Orange County, was proposed by certain parties in this proceeding and will be referred to herein as the "Geneva Alternate Corridor." The corridor as proposed is approximately one mile wide except that, in some places, the applicant has proposed, in agreement with certain parties, that the width be less than one mile.
During the progress of this proceeding, both prior to and during final hearing, in the process of litigating the disputes between the parties, certain changes to the location of the corridor as set forth in the application have been proposed by parties and accepted by the applicant. Thus, the alignment of the corridor now specifically sought by the applicant differs from that originally proposed in the application. The corridor as now proposed and recommended by the applicant is set forth in Composite Attachments II and III to this Recommended Order.
The six segments listed above and depicted by Composite Attachments II and III are generally described as follows:
Duval to Rice Segment - that part of the corridor as proposed from the Duval
Substation through Duval, Clay and Putnam Counties to the Rice Substation.
Palatka Area Segment - a corridor proceeding southwest from the Rice Substation, in a southerly direction to the west of the City of Palatka and in an easterly direction south of Palatka, to the Flagler County line.
Flagler County Segment - that part of the proposed corridor alignment through the
central portion of Flagler County.
Volusia County Segment - that part of the proposed corridor through the central region
of Volusia County crossing the
Volusia-Seminole County line west of Lake Ashby.
Seminole County Segment - that part of the proposed corridor through the eastern region of Seminole County.
Orange County Segment - that part of the proposed corridor through the eastern region of Orange County to the termination at the Poinsett Substation.
There are no unique physical features within the proposed corridor that would reasonably preclude from an engineering point of view the location of a transmission line right-of-way and the construction of two 500 kV transmission lines with associated access/maintenance roads.
Placement of two 500 kV transmission lines within the corridor as proposed does not conflict with any local government comprehensive plan.
A right of way can be located within the corridor as proposed without the displacement of any existing home. However, the possibility does exist that homes or other structures could be built after the final certification hearing in this cause in such a manner as to necessarily subject it to displacement in
the location of a right of way. Similarly, it is possible that negotiations with property owners pertinent to the ultimate location of the right of way could result in the removal of a home for economic, environmental or other land use reasons.
Taken as a whole, the impact of the proposed corridor on property values adjacent to or in the vicinity of the right-of-way will be minimal.
Where the highest and best use of land is agriculture, there will be almost no impact on property values because almost none of the land will be withdrawn from its agricultural use. For land whose highest and best use is timber production, the right-of-way with its transmission lines will not Significantly interfere with such production and can serve as a firebreak and all-weather access. Thus, it is possible that the value of the entire timber tract which becomes subject to a transmission line right-of-way would not be significantly diminished.
Semi-rural lands with development potential which have not been subdivided will be very slightly impacted with regard to land value because the development of property within an existing right-of-way can take into account such a right-of- way and significantly negate its impact on land value. There will be an impact on the land value of suburban homesites one to ten acres in size. This impact would typically be minimal except in a situation where the remaining property in a parcel after placement of the right-of-way is no longer suited for a homesite. It is reasonable to assume that in placing a transmission line right-of-way 175 miles in length, it would not be reasonably possible to avoid all such suburban homesites. The corridor as proposed in this proceeding successfully keeps such contact with suburban homesites to a minimum. The most significant diminution in property values from placement of a transmission line right-of-way occurs in high-valued urban areas. No such areas are included within the corridor as proposed.
A 500 kV transmission line is an extra high voltage line. The highest electrical field strength on the right-of-way of the proposed 500 kV transmission lines measured one meter above the ground will be approximately ten kilovolts per meter and the field strength will diminish with distance from the line. The maximum magnetic field associated with the proposed transmission line under normal loading conditions will be approximately 0.4 gauss. Under emergency loading conditions, the maximum magnetic-field could be as high as 0.8 gauss. Testimony and evidence establishes that the electric and magnetic field forces encountered in the vicinity of the transmission line at ground level will have essentially no biological effect and will be no stronger than similar forces encountered in the normal course of modern daily life.
The minimum clearance of the conductors will be 35 feet and in all cases will conform to the criteria contained in the applicable National Electric Safety Code. These criteria reasonably eliminate the possibility of harmful shocks resulting from electric field induction. If perceptible electric shocks are encountered, they can be eliminated by grounding the object offering the shocks.
During fair weather, the audible noise at the edge of the right-of-way produced by the transmission lines will be at or less than ambient levels. The maximum foul weather ambient noise level in Florida is approximately 52dB(A), and the average level of foul weather ambient noise is approximately 42dB(A). Under foul weather conditions the maximum audible noise level produced by the proposed transmission lines at the edge of the right-of-way will be approximately 50.6dB(A) and the average audible noise will be approximately 47dB(A). This is a low noise level. This noise level will diminish with distance from the line. During worst foul weather conditions, the audible noise
of the proposed transmission linens might be by someone within a home at the immediate edge of the right-of-way with the windows open. With the windows closed, the attenuation through the structure should be sufficient to reduce the audible noise level of the transmission lines below that of the ambient level within the home. In fair weather, inside a home at the immediate edge of the right-of-way the transmission lines will not be audible, even with the windows open.
No electromagnetic interference from the proposed transmission lines will occur for FM radio and two-way communication facilities using frequency modulated inter-communication systems. Under fair weather conditions, there should be little or no interference with Type A stations (as defined by the Federal Communications Commission) at the edge of the right-of-way. Under foul weather conditions, a receiver more than 150 feet from the edge of the right-of- way receiving a Type A station will not experience interference from the proposed transmission lines. However, within 150 feet from the edge of the right-of-way, such a station could experience interference from the proposed transmission lines. Under fair weather conditions, there should be no interference of the Type B stations as defined by the Federal Communications Commission, at receivers more than fifty feet from the edge of the right-of-way. Under foul weather conditions, a Type B station could potentially receive interference from the proposed transmission lines up to 650 feet from the edge of the right-of-way.
There should be no significant electromagnetic interference with the audio portion of television signals from the proposed transmission lines. No interference is expected beyond the edge of the right-of-way to the video portion of the signals for Grade A television stations as defined by the Federal Communications Commission. There is a potential for interference with minimum Grade B stations during the worst foul weather conditions out to distances of
200 to 400 feet from the edge of the right-of-way in Channels 2 through 6. Otherwise, it is not expected that any electromagnetic interference with the video portion of the signals for Grade B stations in Channels 7 through 53 would occur outside the right-of-way.
The transmission lines will not create electromagnetic interference with radio communications or radio navigation systems required in the operation of the Daytona Beach Regional Airport. No harmful radio interference is expected from the proposed transmission lines at the Volusia County Civil Defense Communication Center. Physical shielding of the transmission lines could potentially shield out the radio signals from the station, but it is extremely unlikely that such interference would occur. With the exception of those stations located immediately adjacent to or underneath the transmission lines, there should be no impact on Citizen's Band radios.
The range of the Southern Bald Eagle, which is on the Federal Endangered Species List and the State Threatened Species List, extends throughout the area of the proposed corridor. A reasonable guideline is that development should not occur within 1500 feet of an active eagle's nest after a site specific determination has been made that the proposed development will not impact the nesting eagle. Only one Southern Bald Eagle's nest has been identified within the proposed corridor. It is on the extreme northern boundary of the corridor south of Palatka. Considering the location of that nest, there is sufficient flexibility within the proposed corridor to place the actual transmission lines at least 1500 feet from the nest.
There are two other endangered or threatened species to which special attention should be paid with regard to the construction of a transmission line and associated facilities. These are the Red Cockaded Woodpecker and the Scrub Jay.
The range of the Red Cockaded Woodpecker extends throughout the proposed corridor. No known locations of Red Cockaded Woodpeckers occur within the proposed corridor. Such woodpeckers are likely to occur where there are mature pine trees over 45 years of age. Such trees may occur within the proposed corridor. Red Cockaded Woodpeckers excavate cavities within such trees wherein which they nest. A colony is a grouping of such cavity trees occupied by a single clan of of Red cockaded Woodpeckers. Colony areas typically range from 5 to 30 acres and are generally round or oval in configuration. To avoid any negative effects upon a Red Cockaded Woodpecker clan, the transmission line should go around the colony. A site-specific evaluation could indicate that less stringent mitigative measures would be satisfactory to avoid adverse impact on a particular woodpecker clan.
The range of the Florida Scrub Jay encompasses several areas within the proposed corridor. The Scrub Jay is typically found in scrub oak, myrtle oak, and live oak less than 25 feet tall. Construction and maintenance of the proposed transmission lines will not significantly affect the Florida Scrub Jay nor the Scrub Jay habitat, because substantially less than all the scrub jay habitat located within the corridor will ultimately be cleared within the proposed right-of-way. Existing low-growing vegetational species will be allowed to remain on the right-of-way to a significant degree with the exception of the access/maintenance road area and a small working area around the structures.
It is possible that the construction of the proposed transmission lines with their associated access/maintenance roads could result in violations of water quality standards. The evidence indicates that such violations do not normally occur however. In order to mitigate the possibility of such a violation, the applicant has proposed as a condition of certification to which condition the Department of Environmental Regulation has agreed, that prior to construction in any area over which DER has dredge and fill jurisdiction as defined in Chapter 17-4, Florida Administrative Code, the applicant will submit detailed site specific information to DER as required in the Dredge/Fill Joint Application, Department of Army/Florida Department of Environmental Regulation for Activities in Waters of the State. The provision of this information is sufficient to allow the identification of potential water quality violations before such violations actually occur and to thus avoid any actual water quality violations.
Because of the nature of the construction of transmission lines of the type proposed in this application and because of the mitigative measures proposed by the applicant, no significant adverse impact on wetlands crossed by the proposed transmission lines is expected. The removal of vegetative canopy over a wetland which can result in a possible increase in a solar impact on the organisms living within the wetland will be Substantially mitigated because all brush and vegetation less than fifteen feet tall will be allowed to remain except for fast-growing species which will be cut if over five feet tall. Root mats will be left intact in wetland areas thus avoiding possible damage to trees. The impoundment or draining of water in a wetland can occur if the access/maintenance roads are not properly constructed and culverted. As proposed in this application, the placement of access/maintenance roads in wetland areas will be constructed so as not to significantly affect the surface
regime of the wetlands within the proposed corridor. There will be no significant adverse impact to aquifer recharge capabilities resulting from the construction of the proposed transmission lines.
With the exception of the Palatka Area Segment, the Department of Environmental Regulation has stipulated and agreed that the corridor as presently proposed meets the requirements for certification set forth in Chapter 403, Florida Statutes (1981).
Residential development in the Duval-Rice Segment can be essentially avoided. That segment has no unique agricultural land nor any known archaeological sites. In the southern portion of the Duval-to-Rice Segment is the Etonia Creek Wildlife Sanctuary, a privately owned property designated a sanctuary by the Florida Game and Fresh Water Fish Commission. There is adequate land within the proposed corridor for the placement of a right-of-way outside the boundaries of the sanctuary. There are no major water bodies located within the Duval-to-Rice Segment. The Falling Branch Ravine area can be avoided in the placement of the right-of-way.
The Palatka Area Segment is opposed by the Department of Environmental Regulation and the City of Palatka. Putnam County argues in favor of the Palatka Area Segment as proposed. That segment as proposed would place the right-of-way for the transmission lines through a stretch of the St. Johns River Swamp. This is a riverine hardwood swamp of environmental value. There has been no showing that this particular riverine hardwood swamp is of any more significant value than any other similar swamp or wetland area traversed by other segments of the proposed corridor. The Palatka Area Segment of the corridor as proposed by the applicant would require a river crossing of the St. Johns approximately one-half mile wide entailing two tower locations in the water. There are two known archaeological sites in this segment of the proposed corridor which are avoidable by the right-of way. Timbering activities are currently occurring in the riverine hardwood swamp south of the City of Palatka in the vicinity of the proposed corridor. A 330 foot right-of-way within the proposed corridor south of the City of Palatka would encompass approximately 120 to 125 acres of the riverine hardwood swamp. That is less than three percent of the total riverine hardwood swamp in that location. Actually less than 100 to
125 acres of the swamp will be directly impacted by the construction of a proposed transmission line because all of the right-of-way will not be cleared in the construction of a transmission line. No evidence was presented which would establish the significance of the impact on the St. Johns River or the St. Johns River Swamp of the construction of the proposed transmission lines and a right-of-way through the proposed corridor.
The City of Palatka proposes to site a sewage treatment plant within the proposed corridor outside of the Palatka city limits. This plant would require approximately ten to twenty acres. Necessary federal and state approval has not been received by the City. No evidence was presented from which it could be concluded that the proposed transmission lines would interfere in any manner with the plans of the City of Palatka for the siting of its sewage treatment plant.
The Palatka Area Segment as proposed would have little impact on existing residential areas and would not require the displacement of any homes.
The Department of Environmental Regulation has argued in favor of an alternative to the Palatka Area Segment as proposed which would entail a river crossing of the St. Johns north of the City of Palatka rather than south of the City. This alternative segment proposed by the Department of Environmental Regulation as an alternative would transit riverine hardwood swamp and parallel the drainage of Rice Creek. It would require a crossing of the St. Johns River one and one-half miles wide and potentially require as many as fourteen tower locations in the river proper. It would require the displacement of at least one home on the east bank of the St. Johns River and would result in the surrounding of several existing homes with transmission lines. The alternate segment as proposed by DER contains unique farmland to the east of the St. Johns River. There is one known archaeological site in the alternate segment proposed by DER. The alternate proposed by DER is approximately 6.15 miles shorter than the Palatka Area Segment proposed by the applicant and the cost of placing the proposed transmission lines within a right-of-way in the corridor proposed by DER is approximately 2.24 million dollars less than in the Palatka Area Segment proposed by the applicant.
No party to this proceeding presented any evidence for the purpose of showing that the Flagler County Segment was not suitable for certification in accordance with Chapter 403, Florida Statutes (1981). One party to this proceeding, The Container Corporation, chose not to address the factual issues in this proceeding, but did object to the adequacy of notice as to the corridor segment that crossed its property in Flagler County. The Flagler County Segment crosses the Haw Creek drainage at the narrowest point possible. One of the large wetland areas traversed by the Flagler County Segment has already been subjected to significant drainage practices north of State Road 205 and the transmission lines would not be expected to significantly accelerate that impact. The Flagler County Segment contains two cemeteries which can be avoided in the placement of the right-of-way. There are three unavoidable water crossings in the Flagler County Segment and approximately ten miles of abandoned railroad-bed which, if paralleled, could provide access to the proposed transmission lines. The Flagler County Segment traverses a relatively small amount of planted land and contains fewer homes than any proposed alternative.
The Department of Environmental Regulation, the Department of Veteran and Community Affairs, the Department of Natural Resources, and the Florida Game and Fresh Water Fish Commission have recommended certification of the Flagler County Segment as proposed by the applicant.
The Volusia County Segment of the corridor is opposed by the Geneva Citizen's Association, the owners of Seminole County, Inc. and Seminole County, which parties support an alternate corridor proceeding from I-4 in Volusia County south through Brevard County and west to the Poinsett Substation in Orange County. The Volusia County Segment contains fewer wetland acres than any of the other possible corridors discussed herein. Further, those wetlands are dominated by cypress wetlands rather than hardwood swamp wetlands which would dominate in other possible corridors. The Volusia County Segment closely follows ridgelines thus facilitating a right-of-way with a minimum of wetland crossings. The segment contains more planted pines than the other possible alternatives discussed. Planted pines are not a particularly productive wildlife habitat.
There is essentially no development in the Volusia County Segment of the proposed corridor. There is a field of unique agriculture land in the Volusia County Segment which would not be spanable by the transmission line. The Volusia County Segment intrudes upon the Volusia Water Recharge Area, which
is an environmentally endangered land, by about one-third of a mile. No evidence was presented to show that the placement of a transmission line right- of-way and the construction of a transmission line as proposed would have any impact upon such a recharge area. There is one unavoidable stream crossing in the Volusia County Segment.
The Seminole County Segment is opposed by Seminole County, Geneva Citizen's Association, and the Owners of Seminole County, Inc., in the same manner as they opposed the Volusia County Segment. There are no known archaeological sites within the Seminole County Segment of the proposed corridor, nor are there any unique agricultural lands within the Seminole County Segment. There is existing development in the Seminole County Segment in the area east of the community of Geneva in Seminole County. It is possible to place a 330 foot right-of-way through the Seminole County Segment of the proposed corridor without displacing any homes. Properties in the Geneva area of Seminole County which are suitable for sale as five-acre tracts are worth approximately $6,000 per acre. No evidence was presented from which it could be found as a matter of fact that any change in the value of those properties would occur from the construction of the proposed transmission lines.
Geneva is a small rural community. In 1980 the census figures for the Geneva-Chuluota area exceeded 3,800. The Seminole County Segment of the proposed corridor encompasses only a small part of that area for which the 1980 population census exceeded 3,800. The population density for the area is very light. Although part of the area within the Seminole County Segment is a recharge area for the aquifer, no evidence has been presented from which it could be found that construction of a transmission line will negatively impact such a recharge area. The predominant zoning category of Seminole County within the Seminole County Segment of the proposed corridor is A-1 Agricultural.
There are no unique agricultural lands within the Orange County Segment of the proposed corridor. The segment does contain wetland areas, but not in significantly greater or lesser amounts than in any other corridor that might be chosen. The Orange County Segment as proposed encompasses minimal development and has fewer stream crossings than any alternative considered in this proceeding.
The Department of Environmental Regulation, the Department of Veteran and Community Affairs, the Department of Natural Resources, the Florida Game and Fresh Water Fish Commission, the St. Johns River Water Management District and Orange County have stipulated and recommended that the Orange County Segment of the proposed corridor meets the requirements for certification pursuant to Chapter 403, Florida Statutes (1981).
There was raised in this proceeding another alternate segment referred to as the Geneva Alternate Segment which begins in Volusia County south of Interstate 4 proceeding to the east of Lake Ashby, south through Brevard County, and then west to the Poinsett Substation in Orange County. Proponents of this alternate segment are the Geneva Citizen's Association, the Owners of Seminole County, Inc., and Seminole County. One of the primary purposes of this alternate was to avoid placing the corridor in the Geneva Area in Seminole County. The applicant has not adopted this alternate as part of its request for certification of a corridor. The Department of Environmental Regulation, the Florida Game and Fresh Water Fish Commission, the St. Johns River Water Management District, and Brevard County oppose the Geneva Alternate Segment.
The Geneva Alternate Segment does not have as much residential development as the Volusia County Segment, Seminole County Segment and Orange County Segment combined. The Geneva Alternate Segment traverses approximately one and one-half miles of the St. Johns National Wildlife Refuge and approximately one and one-half miles of the Tosohatchee State Preserve and approximately ten to twelve miles of the Farmton Wildlife Management Area. The construction of a transmission line is not consonant with the purposes of a national wildlife refuge or a state preserve. Construction of a transmission line is not necessarily inconsistent with the purposes of a wildlife management area.
There are sixteen unavoidable water crossings in the Geneva Alternate Segment. There are eight unavoidable water crossings in the corridor as proposed by the applicant for which the Geneva Alternate Segment is a replacement. There are approximately seventeen miles of unavoidable wetlands in the Geneva Alternate with eleven to twelve miles of these being continuous. In the corridor proposed by the applicant south of Interstate 4, there are approximately one and one-half miles of unavoidable wetlands which are numerous and scattered.
The corridor south of Interstate 4 as proposed by the applicant is approximately 2.96 miles shorter than the Geneva Alternate Segment. It will cost approximately 4.7 million dollars less to construct the proposed transmission lines within the corridor south of Interstate 4 as proposed by the applicant than it would cost to construct the same lines in the Geneva Alternate. The Geneva Alternate Segment parallels exfsting transmission lines for all but approximately eight miles of its length.
The applicant notified all counties and municipalities through which the proposed corridor passes that a variance or special exception from local ordinances which would be applicable to location, construction and maintenance activities within the right-of-way would be sought in this proceeding pursuant to Rule 17-17.64(2)(e), Florida Administrative Code.
The applicant and the Department of Environmental Regulation jointly propose certain conditions of certification which are attached hereto as Attachment I.
Except as otherwise noted in the Findings of Fact herein, the testimony and evidence in this cause establishes that the proposed transmission lines, if constructed along a right-of-way in the corridor as finally proposed by the applicant and depicted in Attachments II and III hereto, pursuant to the Conditions of Certification proposed jointly by the applicant and DER, would have no significant adverse effect on the environment, public health, safety or welfare. In general, neither would the Geneva Alternate Segment, as proposed, have any significant adverse effect on the environment, public health, safety or welfare with certain exceptions. By traversing the St. Johns National Wildlife Refuge and the Tosohatchee State Preserve, the Geneva Alternate Segment creates a conflict with environmental land use not found in the corridor as proposed by the applicant.
CONCLUSIONS OF LAW
This proceeding was held pursuant to the Transmission Line Citing Act, Sections 403.52 - 403.536, Florida Statutes (1981), and Chapter 17-17, Florida Administrative Code.
Notice in accordance with Chapter 403 and Chapter 120, Florida Statutes, and Chapter 17-17, Florida Administrative Code, has been given to all persons and parties entitled thereto, as well as to the general public. It is specifically concluded as a matter of law that all parties to this cause have had proper notice and a real and adequate opportunity to address and raise any and all germane issues, either factual or legal. Therefore, all motions by parties to this proceeding challenging the sufficiency of notice, not otherwise disposed of, are hereby DENIED.
The purpose of this site certification proceeding was to receive testimony and evidence concerning whether the location and maintenance of the transmission line corridor and the construction of the transmission dines with pertinent maintenance, will produce minimal adverse effects on the environment and public health, safety and welfare, and to fully balance the need for transmission lines with the broad interest of the public in order to effect a reasonable balance between the need for the facility as a means of providing abundant low-cost electrical energy, and the environmental impact resulting from the construction of the line and the location and maintenance of the corridor.
The record of this hearing consists of all pleadings and papers filed herein, including the site certification application as amended, the transcript of all hearings, all orders entered by the Hearing Officer, and all evidence and exhibits properly admitted to the record.
Section 403.526(6), Florida Statutes (1981), requires that the Florida Game and Fresh Water Fish Commission prepare a report as to the impact of the proposed transmission lines and corridor on fish and wildlife resources. That report was prepared and has been admitted into evidence in this proceeding.
Section 403.526(3), Florida Statutes (1981), requires that the Florida Department of Natural Resources prepare a report as to the impact of each proposed transmission line or corridor on matters within its jurisdiction. Such a report was timely made, submitted and accepted into evidence.
The St. Johns River Water Management District is required by Section 403.526(4), Florida Statutes (1981), to submit a report with regard to the impact on water resources of the proposed corridor. That water management district has timely submitted such a report and it has been accepted into evidence.
The report of the Department of Veteran and Community Affairs as required by Section 403.526(-5), Florida Statutes (1981), with regard to the impact of the Proposed transmission line or corridor on land use and other matters within its jurisdiction was timely made, Submitted and has been accepted into evidence.
Section 403.526(2), Florida Statutes (1981), requires that the Department of Environmental Regulation prepare a report as to the impact of the Proposed transmission line or corridor as it relates to matters within the Department's jurisdiction. Such a report was timely made, submitted and has been accepted into evidence.
Need for the subject transmission line has been established by order of the Public Service Commission pursuant to Section 403.537, Florida Statutes (1981).
Attachments II and III to this Recommended Order depict in detail the transmission line corridor as finally proposed and sought for certification by the applicant. Attachment II, which consists of four sheets, depicts in gross concept the location of the corridor. Attachment III, which is Hearing Officer Exhibit 6 from the final hearing, consists of thirteen sheets and by the green outline drawn upon those sheets depicts in detail the location of the corridor as finally proposed and sought for certification by the applicant. For the purposes of this Recommended Order the location of the corridor as depicts Attachment III hereto constitutes the definitive description of the corridor recommended for certification by this Recommended Order. The Hearing Officer, having only one copy of Hearing Officer Exhibit 6 (Attachment III to this Recommended Order), and being unable to copy that exhibit has attached that one copy to the original Findings of Fact, Conclusions of Law and Recommended Order only. Any party wishing a copy of Hearing Officer Exhibit 6 (Attachment III) can make arrangements with the Clerk of the Division of Administrative Hearings to copy that exhibit.
The location and maintenance of the proposed transmission line corridor as depicted in Attachment III hereto, and the construction of the subject transmission lines as described by the evidence admitted to the record of this proceeding, if made subject to the Conditions of Certification attached hereto as Attachment I, will have minimal adverse effects on the environment and public health, safety and welfare. Although both the alternate segment proposed by the Department of Environmental Regulation in the Palatka area and the Geneva Alternate Segment proposed by certain parties to this proceeding might ultimately meet the threshold test for certification set forth in the Transmission Line Siting Act, the applicant has not sought to have those segments certified as a corridor. It is concluded, as a matter of law, that under the Transmission Line Siting Act, the applicant is entitled to pursue a determination of the certifiability of any corridor it proposes. In this instance, the applicant has not sought to have the certifiability of the DER alternate segment and Geneva Alternate Segment determined. It is concluded, as a matter of law, that the portions of the corridor as proposed by the applicant for which those alternate sections were proposed as a replacement, will have minimal adverse effect on the environment and public health, safety and welfare and are otherwise certifiable pursuant to the Transmission Line Siting Act. Parenthetically it is noted that it does not appear, as a matter of law or fact, that in balancing all factors, the DER alternate corridor or the Geneva Alternate Segment, in considering the corridor as a whole, offers Significantly less impact on the environment and the people of the State of Florida than does the corridor proposed by the applicant.
It is concluded, as a matter of law, that the applicant is entitled to a variance or special exception, as necessary, from any county or municipal zoning ordinance in effect within the path of the proposed corridor which would be applicable to the location, construction and maintenance activities within the right-of-way and which would prohibit the location, construction and maintenance activities within the right-of-way as proposed by the applicant in these proceedings.
Pursuant to the requirements of Section 403.531(3), Florida Statutes (1981), this certification Proceeding does not preempt the jurisdiction of the Board of Trustees of the Internal Improvement Trust Fund nor eliminate the need for any license, easement or other interest in State lands which would ordinarily be sought from the Trustees. Further, as provided by the above statute, it is proper to condition this certification upon the issuance by the
Trustees of the appropriate interest in State lands as may be required to effect construction of the proposed lines.
The Conditions of Certification agreed to and proposed jointly by the Department of Environmental Regulation and the applicant and attached hereto as Attachment I are reasonable and should be imposed upon any certification which should issue from this proceeding.
All proposed Findings of Fact and Conclusions of Law not embodied herein have been considered by the Hearing Officer and rejected as either irrelevant, unsupported by competent substantial evidence, or otherwise unnecessary to the determination of this cause.
Having considered all matters of fact and law presented in this proceeding and being otherwise fully apprised, and based upon the Findings of Fact and Conclusions of Law set forth herein, it is RECOMMENDED:
That certification, pursuant to the Transmission Line Siting Act, Chapter 403, Florida Statutes (1981), be GRANTED to the Florida Power and Light Company for the location of the transmission line corridor, the construction of the transmission lines, and the maintenance of the transmission lines and right- of-way as proposed in the application and specifically delineated in Attachment III hereto.
That such certification be made subject to the Conditions of Certification attached hereto as Attachment I and that, pursuant to the requirements of Section 403.531(3), Florida Statutes (1981), that Florida Power and Light Company shall be required to seek any necessary interests in State lands, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, from the Board, prior to engaging in any activity on or affecting such lands.
ENTERED this 31st day of August, 1982, in Tallahassee, Florida.
CHRIS H. BENTLEY, Director
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 31st day of August, 1982.
COPIES FURNISHED:
Carlos Alvarez and
Carolyn S. Raepple, Esquires
420 Lewis State Bank Building Post Office Box 6526 Tallahassee, Florida 32301
Ronald E. Clark, Esquire Putnam County Attorney Post Office Drawer V Palatka, Florida 32077
Tom Cloud and Kaye Collie, Esquires Orange County Legal Department
201 East Pine Street Orlando, Florida 32801
George Kenneth Gilleland, II
Game and Fresh Water Fish Commission First Floor - Farris Bryant Bullding 620 South Meridian Street Tallahassee, Florida 32301
Louis Hubener and John C. Bottcher, Esquires Department of Environmental Regulation
638 Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32301
Dawson Alexander McQuaig, Sr., General Counsel City of Jacksonville, City Hall - 13th Floor Jacksonville, Florida 32201
Paul Sexton, Esquire Public Service Commission Legal Department
Fletcher Building
101 East Gaines Street Tallahassee, Florida 32301
Warren O. Tiller and Daniel Vaughen, Esquires
Volusia County Legal Department Post Office Box 429
DeLand, Florida 32720
Robert A. Chastain, Esquire General Counsel
Department of Agriculture and Consumer Services
531 Mayo Building Tallahassee, Florida 32301
Nikki Clayton, Esquire
Seminole County Legal Department Seminole County Courthouse
North Park Avenue Sanford, Florida 32771
Toby P. Brigham, Esquire Brigham Reynolds Byrne Muir and
Gaylord
The Reinhold Corporation
203 Southwest 13th Street Miami, Florida 33130
Frank Bird Gummey, III and Reginald E. Moore, Esquires City of Daytona Beach
Post Office Box 551
Daytona Beach, Florida 32015
Laurence Keesey, Esquire Department of Veteran and
Community Affairs
2nd Floor - Howard Building
2571 Executive Center Circle East Tallahassee, Florida 32301
Hubert D. Pellicer, Administrative Assistant to Flagler County Commissioners
Post Office Box 936 Bunnell, Florida 32310
Eugene Frazier Shaw, Esquire Clay County Attorney
Post Office Box 838
Green Cove Springs, Florida 32043
Ernest Lee Worsham, Esquire
St. Johns River Water Management District Post Office Box 1429
Palatka, Florida 32077
John W. Williams, Esquire Department of Natural Resources 3900 Commonwealth Boulevard Room 1003C
Tallahassee, Florida 32301
Noah C. McKinnon, Jr., Esquire Flagler County Attorney
Post Office Drawer 9670 Daytona Beach, Florida 32020
William A. Leffler, III, Esquire Cypress Isles Homeowners
Post Office Box 2298 Sanford, Florida 32771
Abbot M. Herring and Thomas
Speer, Esquires
Geneva Citizens Associations and Owners of Seminole County, Inc.
201 West First Street Sanford, Florida 32771
Roger A. Kelly
Fishback Davis Dominick and Bennet
170 East Washington Street Orlando, Florida 32801
(Attorneys for Hogan and Thompson)
Robert M. Rhodes, Terry E. Lewis and James C. Hauser, Esquires
Messer Rhodes and Vickers
701 Lewis State Bank Building Post Office Box 1876 Tallahassee, Florida 32302
(Attorneys for Dimension Investment Corp)
Frederick W. Leonhardt, Esquire
100 Seabreeze Boulevard-Suite 130 Post Office Box 2134
Daytona Beach, Florida 32015 (Attorney for Sun Country, Rima Ridge,
Lone Pine and George Anderson, et al.)
Florence T. Robbins, Esquire Greenberg Traurig Askew Hoffman
Lipoff Quentel and Wolff, P.A. Brickell Concourse
1401 Brickell Avenue
Miami, Florida 33131
(Attorney for Mario Gluck, Trustee)
| Issue Date | Proceedings |
|---|---|
| Nov. 01, 1991 | Final Order filed. |
| Aug. 31, 1982 | Recommended Order sent out. CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Oct. 08, 1982 | Agency Final Order | |
| Aug. 31, 1982 | Recommended Order | Grant power line corridor subject to obtaining necessary interests in state lands before starting the job. |
