STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: FLORIDA POWER & LIGHT COMPANY )
LEVEE-MIDWAY 500 kV TRANSMISSION ) DOAH CASE NO. 89-0279TL LINE CORRIDOR CERTIFICATION ) OGC CASE NO. 89-8907 APPLICATION NO. TA89-0 )
)
RECOMMENDED ORDER
Pursuant to notice, a formal hearing was held before Diane K. Kiesling, Hearing Officer of the Division of Administrative Hearings, on November 13-17, 27-31, and December 4-6, 1989, in Fort Lauderdale, Florida. Additional hearings were conducted on November 20, 1989, in Fort Pierce, Florida; November 21, 1989,
in Stuart, Florida; November 30, 1989, in Davie, Florida; and December 1, 1989, in West Palm Beach, Florida.
The issues for determination are whether any of the properly proposed corridors complies with the criteria in Section 403.529(3), Florida Statutes; and, if so, which of the corridors proper for consideration have the least adverse impacts with respect to the criteria in Section 403.529(3), Florida Statutes, including cost; and, if two or more corridors proper for consideration comply with the criteria in Section 403.529(3), Florida Statutes, and have the least adverse impacts, and are substantially equal in impacts, whether the corridors preferred by Florida Power & Light Company (FPL), TCRPC Corridor 1 and the SFWMD Corridor, should be certified as the location for the Levee-Midway 500 kV Transmission Line.
APPEARANCES
Appearances are set forth in Appendix A. TABLE OF CONTENTS
Page
INTRODUCTION 6
FINDINGS OF FACT 12
PROCEDURAL MATTERS 12
PROJECT DESIGN 16
ENGINEERING DESIGN, CONSTRUCTION, AND MAINTENANCE 17
Design 17
Construction 21
Maintenance 23
SYSTEM RELIABILITY AND SEPARATION FROM EXISTING TRANSMISSION LINES 24
THE TREASURE COAST REGIONAL PLANNING COUNCIL CORRIDORS FROM MIDWAY SUBSTATION TO CORBETT SUBSTATION 29
DESCRIPTION OF THE TCRPC CORRIDORS 29
Land Uses 29
Unusual Uses or Restricted Areas - Cemeteries 32
Water Resources 32
Vegetation 33
Wildlife 33
IMPACTS ON THE PUBLIC OF THE TCRPC CORRIDORS 34
Land Use Impacts 34
Impacts on Unique Uses or Restricted Areas - Cemeteries 41
Landscape Architecture and Visual Impacts 41
IMPACTS ON THE ENVIRONMENT OF THE TCRPC CORRIDORS 43
Water Resources Impacts 43
Vegetation Impacts 44
Wildlife Impacts 45
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT CORRIDOR FROM CORBETT SUBSTATION TO LEVEE SUBSTATION 45
DESCRIPTION OF THE SFWMD CORRIDOR 45
Land Uses 45
Water Resources 48
Vegetation 49
Wildlife 50
IMPACTS ON THE PUBLIC OF THE SFWMD CORRIDOR 51
Land Use Impacts 51
Unique Proposed Uses 52
Landscape Architecture and Visual Impacts 52
Other Consideration - Impacts to Sugar Cane 53
IMPACTS ON THE ENVIRONMENT OF THE SFWMD CORRIDOR 54
Water Resources Impacts 54
Vegetation Impacts 55
Wildlife Impacts 56
DUDA CORRIDOR 1/1A FROM MIDWAY SUBSTATION TO CORBETT SUBSTATION 57
DESCRIPTION OF DUDA CORRIDOR 1/1A 57
Land Uses 57
Unique Uses or Restricted Areas - Airports 58
Water Resources 59
Vegetation 59
Wildlife 59
IMPACTS ON THE PUBLIC OF DUDA CORRIDOR 1/1A 59
Land Use Impacts 59
Impacts on Unique Uses or Restricted Areas - Airports 60
Landscape Architecture and Visual Impacts 61
IMPACTS ON THE ENVIRONMENT OF DUDA CORRIDOR 1/1A 62
Water Resources Impacts 62
Vegetation Impacts 62
Wildlife Impacts 62
DUDA CORRIDOR 2/2A FROM MIDWAY SUBSTATION TO CORBETT SUBSTATION 63
DESCRIPTION OF DUDA CORRIDOR 2/2A 63
Land Uses 63
Unique Uses or Restricted Areas - Airports 64
Water Resources 65
Vegetation 65
Wildlife 65
IMPACTS ON THE PUBLIC OF DUDA CORRIDOR 2/2A 65
Land Use Impacts 65
Impacts on Unique Uses or Restricted Areas - Airports 66
Landscape Architecture and Visual Impacts 67
IMPACTS ON THE ENVIRONMENT OF DUDA CORRIDOR 2/2A 67
Water Resources Impacts 67
Vegetation Impacts 67
Wildlife Impacts 68
CONSISTENCY WITH LOCAL GOVERNMENT COMPREHENSIVE PLANS 68 CONSISTENCY OF THE TCRPC CORRIDOR WITH LOCAL PLANS 68 St. Lucie County 68
Martin County 68
Palm Beach County 69
CONSISTENCY OF THE SFWMD CORRIDOR WITH LOCAL PLANS 69
Palm Beach County 69
Broward County 69
Dade County 70
THE SITE FOR THE CONSERVATION SUBSTATION 71
SYSTEM PLANNING AND ENGINEERING 71
System Planning 71
Engineering 72
DESCRIPTION OF THE SITE FOR CONSERVATION SUBSTATION 73
Land Uses 73
Vegetation 74
Wildlife 74
IMPACTS ON THE PUBLIC OF THE PROPOSED SITE FOR CONSERVATION SUBSTATION 74
Land Use Impacts 74
Landscape Architecture and Visual Impacts 74
Consistency with Local Comprehensive Plans 75
IMPACTS ON THE ENVIRONMENT OF THE SITE FOR CONSERVATION SUBSTATION 75
Vegetation Impacts 75
Wildlife Impacts 75
COSTS FOR THE LEVEE-MIDWAY TRANSMISSION LINE 76
ELECTRIC AND MAGNETIC FIELDS 77
Compliance with EMF Rule 77
Lightning 78
Noise 78
Radio and Television Interference 79
NONPROCEDURAL REQUIREMENTS OF AGENCIES 80
Conditions of Certification Agreed to by FPL 80
Supplemental Conditions Agreed to by FPL and
SFWMD 83
Conditions of Certification Proposed by SFWMD
but Opposed by FPL 85
Conditions of Certification Proposed by GFWFC 87
Local Government Zoning 89
Stipulations for Settlement Entered into by FPL 91
CONCLUSIONS OF LAW 92
PROCEDURAL MATTERS 93
Corridors That Remain Certifiable 93
Standing 94
CRITERIA TO EVALUATE CORRIDORS THAT REMAIN CERTIFIABLE 95
Compliance with Section 403.529(3)(a),
Florida Statutes 96
Compliance with Section 403.529(3)(b),
Florida Statutes 97
Compliance with Section 403.529(3)(c),
Florida Statutes 98
Compliance with Section 403.529(3)(d),
Florida Statutes 100
Compliance with Section 403.529(3)(e),
Florida Statutes 101
Impacts on the Public 101
Impacts on the Environment 104
Compliance with Section 403.529(4)(a),
Florida Statutes 106
Compliance with Section 403.529(4)(c),
Florida Statutes 107
CONSERVATION SUBSTATION 108
RECOMMENDATION 109
INTRODUCTION
In support of its preference for Corridor 1 proposed by the Treasure Coast Regional Planning Council (TCRPC Corridor 1) and the corridor proposed by the South Florida Water Management District (SFWMD Corridor), FPL presented the testimony of: Analee Moore, an expert in land use planning as it relates to linear facilities; Jose Coto, an expert in transmission line engineering; John Mark Bowers, an expert in landscape architecture and land use planning; Warren Pandorf, an expert in water resources, specifically hydrology and water quality; Anthony N. Arcuri, an expert in botany, including vegetative mapping and wetland jurisdictional determinations; John H. Wiese, an expert in wildlife biology and ecology; Thomas Sanders, an expert in transmission and substation system planning; Alvin C. Hernandez, Jr., an expert in substation engineering; Robert Hardee, an expert in the costs of acquiring property and rights of way for transmission line easements; David J. Kasimier, an expert in land values as they relate to transmission line easements; John Tamsberg, an expert in fire hazards to transmission lines; Robert H. Sterba, an expert in transmission line structure and right of way maintenance; and Frederick M. Dietrich, an expert in electrical engineering as it relates to transmission lines.
FPL Exhibits 1, 2a-2h, 2j-2, 3a-3f, 4a-4f, 5a-5i, 6, 7, 8, 9a-9l, 10a-10l,
11a, 11b, 12, 13a, 13b, 14a-14l, 17, 18, 19, 21, 22a, 22b, 23, 24, 25a, 25b, 26,
27, 29a, 29b, 30a-30ii, 31a-31tt, 34a-34o, 35a, 35c-35e, 36a-36c, 37a-37c, 39,
40a-40e, 41, 42, 43, 52, 53a-53e, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65,
66a-66c, 67, 68, 69a, 69b, 69d, 69f, 69i-69k, and 70 were received into evidence.
The Department of Environmental Regulation (DER) presented the testimony of: Hamilton S. Oven, Jr., an expert in environmental engineering with special expertise in electric and magnetic fields as applied to transmission lines; Jeffrey W. Leips, an expert in DER jurisdictional determinations of wetlands; and Randall L. Armstrong, an expert in mitigation in the context of DER wetland permitting. No exhibits were received into evidence on behalf of DER.
The Game and Fresh Water Fish Commission (GFWFC) presented the testimony of Douglas B. Bailey, an expert in wildlife biology; and Robert W. Ellis, an expert in wildlife management. GFWFC Exhibits 1a-1d, 2, and 3 were received into evidence.
The South Florida Water Management District (SFWMD) presented the testimony of Stuart Bradow, an expert in the areas of biological assessments as they relate to development projects, mitigation as it relates to DER and SFWMD, and wetland ecology; Richard Rogers, an expert in civil engineering, hydrology, water resource management, and surface water management engineering; and Thomas
Fratz, an expert in right of water occupancy permitting and compliance monitoring and inspections as they relate to management of SFWMD works and plans. SFWMD Exhibit 1 was received into evidence.
Duda and Sons, Inc. (Duda) and Allapattah Properties Partnership (Allapattah) jointly presented the testimony of Arlon R. McCarty, assistant general manager of Allapattah; Douglas O. Proctor, an expert in transmission line engineering; Patrick J. Rebull, an expert in airport engineering and design; Mike Grella, an expert in land use planning; George J. Viele, an expert in real estate development; Claude E. Swindell, an expert in wildlife and wetland biology; and Daniel K. Deighan, an expert in real estate appraisal and land valuation. Duda exhibits 3a-1 through 3j-10, 4, 6, 8, 9-2w, and pages 2-3 and 2-4 of FPL Exhibit 1, were received into evidence.
The Florida Sugar Cane League (FSCL) presented the testimony of Anderson Rackley, Vice President and General Manager of the FSCL; William M. Dennis, an expert in wetland ecology, wetland permitting and mitigation, and threatened and endangered species evaluations; Robert Howell, an expert in the engineering of agricultural irrigation and drainage facilities; and George H. Wedgeworth, an expert in agricultural practices, specifically sugar cane operations. No exhibits were received into evidence on behalf of FSCL.
The Treasure Coast Regional Planning Council (TCRPC) presented the testimony of Daniel Cary, an expert in biology, specifically related to wetlands and endangered and threatened species; and Peter G. Merritt, an expert in biology related to wetlands, uplands, ecology, and wildlife, including endangered species. No exhibits were received into evidence on behalf of the TCRPC.
Martin County presented the testimony of Henry Iler, the Growth Management Director of Martin County. No exhibits were received into evidence on behalf of Martin County.
On the evening of November 20, 1989, a session of the certification hearing was convened in Fort Pierce, Florida, for the purpose of allowing members of the public an opportunity to present evidence and testimony. Members of the public were placed under oath, testified, and were subject to cross-examination. No documents were accepted for attachment to the transcript of this portion of the certification hearing.
On the evening of November 21, 1989, a session of the certification hearing was convened in Stuart, Florida, for the purpose of allowing members of the public an opportunity to present evidence and testimony. Members of the public were placed under oath, testified, and were subject to cross-examination. One document, Taylor Exhibit No. 1, was accepted for attachment to the transcript of this portion of the certification hearing.
On the evening of November 30, 1989, a session of the certification hearing was convened in Davie, Florida, for the purpose of allowing members of the public an opportunity to present evidence and testimony. Members of the public were placed under oath, testified, and were subject to cross-examination. Four documents, Florida Audubon Society Exhibit No. 1, a statement of the South Florida Cogeneration Associates, and resolutions of the cities of Sunrise and Coral Springs, were accepted for attachment to the transcript of this portion of the certification hearing.
On the afternoon of December 1, 1989, a session of the certification hearing was convened in West Palm Beach, Florida, for the purpose of allowing members of the public an opportunity to present evidence and testimony. Members of the public were present, but no members of the public testified.
The transcript of the certification hearings was filed on January 16, 1990.
By their agreement, the parties had until January 22, 1990, to file their proposed findings of fact and conclusions of law. The following parties timely filed the following listed documents:
Proposed Recommended Order of Florida Power & Light Company (including Table of Contents and Appendix)
Proposed Recommended Order of South Florida Water Management District
Proposed Recommended Order of Coral Ridge Properties, Inc.
Florida Game and Fresh Water Fish Commission Proposed Recommended Order [sic]
Closing Argument of Indian Trail Groves Limited, Cowan Groves, Savin Groves, Savage Groves, and Sunny Urban Meadows Landowners Association
Proposed Recommended Order of Via Tropical Fruits, Inc., Ralph C. Nash and Mikatum Groves and Talquin Corporation
Proposed Recommended Order of the City of Coral Springs
Objections of Treasure Coast Regional Planning Council Regarding Portions of FP&L Exhibit 59 and Request for Certain Matters to be Omitted from the Recommended Order and Other Matters to be Included in the Recommended Order
Proposed Recommended Order of Metropolitan Dade County
Proposed Findings of Fact, Conclusions of Law and Recommended Order of Florida Sugar Cane League and affiliated companies
Proposed Recommended Order of the Town of Davie
Joint Proposed Recommended Order of A. Duda and Sons, Inc., and Allapattah Properties Partnership
On January 25, 1990, the South Florida Water Management District filed its Motion to Amend and Amended Proposed Recommended Order. The proposed amendment was not substantive and involved only the headings and numbering. The Motion to Amend is granted and the Amended Proposed Recommended Order will be considered.
The Notice of Joinder by Rinker Materials Corporation in the Proposed Recommended Order of Florida Power & Light Company was filed late on January 31, 1990. Additionally Rinker took a voluntary dismissal as part of its stipulation entered in evidence in this case as FPL Exhibit 62. Hence, the Notice of Joinder has not been considered.
City of Tamarac's Response to Florida Power and Lights Recommended Order [sic] was untimely filed on January 24, 1990. Additionally, the Response sought to enter new evidence into the record regarding the applicable land use plan.
This Response is rejected from consideration as being untimely and as being an improper attempt to supplement the record.
The Proposed Recommended Order of the Coca Cola Company was untimely filed on January 25, 1990. It is rejected from consideration because of this untimely filing.
The North St. Lucie River Water Control District filed a copy of what purports to be a resolution adopted on December 10, 1989. The resolution was not entered in evidence at the formal hearing. In fact, the North St. Lucie River Water Control District made no appearance at any time during the certification hearing. The resolution is rejected and is not considered because it was not properly introduced into evidence during the course of the formal certification hearings.
All timely filed proposed findings of fact and conclusions of law have been considered. Specific rulings on each proposed finding of fact are made in Appendix L attached hereto and made a part of this Recommended Order.
FINDINGS OF FACT
PROCEDURAL MATTERS
The Determination of Need for the Levee-Midway Transmission Line was made by the Public Service Commission (PSC) in Order No. 19730, issued May 25, 1988. This Order set forth the need for a 500 kilovolt (kV) transmission line to be constructed from the Midway Substation in St. Lucie County to the Levee Substation in Dade County. Pursuant to that Order, the Levee-Midway Transmission Line must connect to the existing Corbett Substation in Palm Beach County and the proposed Conservation Substation in Broward County. Two major reasons are set forth for the need for the project.
First, the Levee-Midway Transmission Line is needed to prevent a blackout to Southeast Florida due to a single catastrophic event disrupting the current 500 kV transmission line system. Without the Levee-Midway Transmission Line, Southeast Florida will have an 85% exposure to blackout by the year 2000.
Second, the Levee-Midway Transmission Line eliminates the need for future 500 kV and 230 kV transmission improvements that would be needed in Southeast Florida to satisfy single contingency requirements. In addition, the Levee-Midway Transmission Line will significantly reduce transmission system energy losses. Such a reduction causes a lower effective peak demand for electricity and thus avoids generating capacity requirements and reduces fuel consumption.
The economic benefit of the Levee-Midway Transmission Line is $152.2 million. This estimated economic benefit does not include either the economic or social benefits derived from not having a blackout in major urban areas.
On January 9, 1989, FPL filed with DER the Levee-Midway Transmission Line Application For Corridor Certification (Application) for certification of a transmission line corridor from the Midway Substation in St. Lucie County to the Levee Substation in Dade County. Notices of the Application, and notices and reminder notices of the certification hearing and public hearings were properly published in newspapers within the counties to be crossed by the proposed transmission line. The certification hearing was scheduled to begin on August 28, 1989.
The time to file alternates was extended to August 11, 1989. The following alternate corridors were timely filed on or before August 11, 1989: Treasure Coast Regional Planning Council Alternates 1, 2, and 3; Dade County Alternate Corridor; South Florida Water Management District Alternate Corridor; Martin County Alternate Corridors A, A-1, and B-1; Rinker Materials Corporation Primary Alternate Corridor and Secondary Alternate Corridor; Indian Trail Groves, Ltd., Savage Groves, Cowan Groves, Savin Groves, and Sunny Urban Meadows Landowners Association Alternate Corridors PB-1A, PB-1B, PB-2A, PB-2B, PB-3A,
PB-3B; A. Duda and Sons, Inc. Alternate Corridors 1, 1A, 1B, 2, 2A, 2B, and 3; Via Tropical Fruits, Inc. Alternate Corridors A, A-1, B, and B-1; City of Coral Springs, City of Tamarac, City of Parkland, and Town of Davie Primary Alternate Corridor and Secondary Corridor; Coca Cola Company Alternate Corridors A and A- 1; Solid Waste Authority of Palm Beach County Alternate Corridor; and William Lyon Company, STS Land Associates, L.P. Hollywood Palms, Inc., Silver Lakes Partnership Alternate Proposed Corridor.
On August 18, 1989, FPL and DER filed notice of acceptance and rejection of proposed alternate corridors and the following corridors were accepted: TCRPC Alternate Corridors 1, 2, and 3; Dade County Alternate Corridor; SFWMD Alternate Corridor; Martin County Alternate Corridors A, A-1, B, and B-1; Rinker Primary Alternate Corridor and Secondary Alternate Corridor; Groves Alternate Corridors PB-1A, PB-1B, PB-2A, PB-2B, PB-3A, and PB-3B; Duda Alternate Corridors 1, 2, 2A, and 1A from its northerly point of commencement to the point where it first intersects the TCRPC Alternate Corridor; and Via Tropical Alternate Corridors A, A-1, B, and B-1.
The certification hearing was rescheduled to commence on November 13, 1989.
Several motions to extend time for filing alternate proposed corridors and petitions for alternate corridors were filed after the August 11, 1989 deadline, all of which were denied.
The Florida Sugar Cane League, New Hope Sugar Company, Okeelanta Corporation, Sugar Cane Growers Cooperative of Florida, South Bay Growers, Inc., United States Sugar Corporation, and S.D. Sugar Corporation (FSCL) proposed the FSCL Alternate Corridor A and FSCL Alternate Corridor B on September 22, 1989. FPL rejected both of these proposed alternate corridors on September 28, 1989. FSCL abandoned proposed Alternate Corridor B at the certification hearing. FSCL continued to support its Alternate Corridor A which was simply a narrowing of the SFWMD Corridor.
During the hearing, a Motion for Summary Recommended Order was GRANTED and a partial Summary Recommended Order was entered, recommending denial of certification of all corridors upon which no evidence had been or was to be presented. This Summary Recommended Order, which will be incorporated herein, included the FPL Primary and Secondary Corridors except for that portion of the
FPL Primary Corridor which connects the TCRPC Corridors to Midway Substation. The Rinker Primary Corridor was not included in the Summary Recommended Order; however, no evidence was presented on that corridor under an agreement between FPL and Rinker Materials Corporation.
All notices regarding the filing of FPL's application, the filing of TCRPC Alternate Corridors 1 and 2, SFWMD Alternate, Duda Alternate Corridor 1/1A, Duda Alternate Corridor 2/2A, and Rinker Primary Corridor, and the scheduling and rescheduling of the certification hearing were published in accordance with all statutory and administrative requirements.
During the course of the hearing, it was stipulated that all parties who made an appearance have standing to participate in the proceeding. The parties who made an appearance are set forth in Appendix A. The parties who made no appearance and will be dismissed as parties are Indian Trail Water Control District, Graham Companies, Black Island Partnership, D. L. Scotto & Company, Indian River Citrus League, and North St. Lucie River Water Control District.
PROJECT DESIGN
FPL seeks certification of a corridor for a 500 kV transmission line from Midway Substation to Levee Substation. Between the Midway and Levee substations, the corridor will connect with the existing Corbett Substation in Palm Beach County, and with the proposed Conservation Substation in Broward County. The approximate length of the corridor is 150 miles.
The corridor preferred by FPL between the Midway and Corbett substations was proposed by TCRPC and included two alternatives for the final segment (TCRPC Corridor 1 and TCRPC Corridor 2, respectively). FPL prefers TCRPC Corridor 1 as the route for the Levee-Midway Transmission Line between Midway and Corbett substations. The corridor preferred by FPL between the Corbett, Conservation, and Levee substations was proposed by SFWMD (SFWMD Corridor).
FPL has proposed to locate the Conservation Substation on a site consisting of undeveloped land on the northwest quadrant of the intersection of the Sawgrass Expressway and Commercial Boulevard in Broward County.
Construction of the two sections of the line will occur in phases. Each phase will take from twelve to eighteen months to complete. The completion dates are: Midway to Conservation by 1993 and Conservation to Levee by 1995.
ENGINEERING DESIGN, CONSTRUCTION, AND MAINTENANCE Design
The components of the Levee-Midway 500 kV Transmission Line include an access road, structure pads, structure foundations, structures, conductors, insulators, and overhead ground wires.
The access road is located to one side of the transmission line and is used as access for the construction and maintenance of the transmission line.
The structure pad is where the structure foundations and structures for the Levee-Midway Transmission Line will be located. The structure pad is
generally 24 feet by 85 feet with two adjacent rectangular areas that are 10 feet by 20 feet.
The typical structure of the Levee-Midway Transmission Line is a tangent H-frame structure. The structure consists of structure legs, crossbraces, crossarm, and overhead ground wires. The H-frame structure is typically 116 feet high with the transmission line (conductor) attached 83 feet above the ground. The typical distance or span between structures will be 1,320 feet. A diagram of a typical tangent H-frame structure was admitted as FPL Exhibit 18.
The insulators are attached to the structure and support the conductors.
The conductors are the components of the transmission line used to transfer power. Each conductor has a steel center with outer layers of aluminum. The conductors are arranged in a bundle with three conductors in each bundle. The Levee-Midway Transmission Line will have three bundles strung from each structure. The bundles will be attached horizontally at the structure by insulators and will be approximately 34 feet apart.
Two overhead ground wires are strung between each structure. The overhead ground wires are located at the top of the structure and are mainly used to protect the conductors from lightning.
When the transmission line turns an angle of greater than 20 degrees, an angle structure will be used. When angle structures are used, guy wires extend from the structure to anchors in the ground.
The right-of-way (ROW) for the Levee-Midway Transmission Line will typically be 200 feet wide. A slightly larger ROW will be required in any area where the transmission line turns angles greater than 20 degrees. A larger ROW will also be required where the Levee-Midway Transmission Line intersects an existing transmission line. The additional ROW would be a triangular area adjoining the two intersecting ROWs and would be approximately 50 feet wide by
200 feet long.
Where the Levee-Midway Transmission Line intersects an existing 500 kV transmission line there will be either a crossing of or a swapping with the existing line. FPL will determine at the time a ROW is selected whether the Levee-Midway Transmission Line will swap with or cross the existing transmission line.
Within the TCRPC Corridor there are two areas where the Levee-Midway Transmission Line will either cross or swap with an existing transmission line. The first area is southwest of the Midway Substation near the Glades Cutoff Road. The second area is south of State Road 710 and north of the St. Lucie Canal. The Levee-Midway Transmission Line will also intersect these existing transmission lines if located in the Duda Alternate Corridors 1/1A and 2/2A.
Within the SFWMD Corridor the Levee-Midway Transmission Line intersects existing 500 kV transmission lines near the Broward-Palm Beach county line and near State Road 84.
When a line swap is made, the new transmission line is built to a point where it intersects an existing line. The new transmission line is connected to the existing transmission line. A section of the existing
transmission line is removed and the new transmission line continues from the other segment of the existing transmission line.
When a line crossing is made, the new transmission line will go under the existing 500 kV transmission lines. For the Levee-Midway Transmission Line, a horizontal bus crossing under the existing transmission line is proposed. The horizontal bus crossing consists of three aluminum busses supported by three structures. The aluminum busses will be approximately 30 feet above ground.
The three aluminum busses replace the conductors on the transmission line. On the outside of the bus structures are poles that support the overhead ground wire. The horizontal bus crossing, including the outside ground wires, will be within a filled area approximately 180 feet wide and will be enclosed by a fence. The ground within the fenced area will be filled and covered with gravel.
The Levee-Midway Transmission Line is designed to operate at a nominal voltage of 500 kV. The maximum current rating for the proposed transmission line is 4,605 amperes (amps). At 500 kV with a maximum current rating of 4,605 amps the megavolt ampere (MVA) will be 3,988 MVA. Under normal load conditions the Levee-Midway Transmission Line will operate at 1,520 amps or 1,314 MVA.
The transmission line construction will comply with all applicable codes and standards including the National Electrical Safety Code, Occupational Health and Safety Administration requirements, Federal Aviation Administration guidelines, the American Institute of Steel Construction standards, the American Society for Testing of Materials criteria, the Florida Department of Transportation Utility Code, and the Steel Structure Painting Council guidelines.
Construction
There are seven phases of construction planned for the Levee-Midway Transmission Line: surveying; ROW clearing; access road and structure pad construction; foundation installation; structure hauling, assembly and erection; conductor installation; and clean up.
Three surveying activities will be used during the construction of the Levee-Midway Transmission Line. The first survey is made so that easement descriptions can be written for the ROW. The second survey is conducted to locate the access road, the structure pads, and the limits of clearing. The final survey is made for the location of the transmission line structures.
The second phase of construction is ROW clearing. Four types of clearing may be used depending on the vegetation encountered in the ROW. During "selective cutting," vegetation is removed underneath the conductors and 10 feet outside of the outside conductors. Danger timber and conflict timber that might interfere with the transmission line are also removed. "Restrictive cutting" is employed in forested wetland areas and involves the same degree of clearing as used for selective cutting. However, all clearing is done by hand or with low ground pressure cutting machines. "Intermittent cutting" is used in fire-prone areas and requires the removal of vegetation within the ROW which may create a fire hazard. Intermittent cutting is done on a cyclical basis to insure that the level of fuel under the line does not become a fire hazard. "Agricultural clearing" is limited to clearing the areas around the structure pads and any area required for access where the transmission line crosses agricultural areas.
The third phase of construction is the building of the access road and structure pads. The access road is typically 18 feet wide and is constructed only along the transmission line where there is no existing road for access.
The access road is built either by swaling the existing soil in the areas and compacting the soil to a proper elevation or, if necessary, by bringing fill material in for construction. If a wetland area cannot be avoided by the access road, culverts will be installed to maintain the proper hydrologic flow.
Structure pads are constructed using techniques similar to those for the access road construction and will be placed at each location where a structure will be erected. A diagram for the typical access road and structure pad is shown in FPL Exhibit 21.
In the fourth phase of construction, one of two types of foundations will be built at each structure location. The first type is a steel caisson foundation which is driven into the ground using a vibratory hammer. The second type is a concrete-poured foundation. The concrete is poured after a hole is augered and the reinforcing steel has been installed.
Structure erection is the fifth phase of construction. During this phase of construction the components of the transmission line structure are hauled to the structure locations, assembled, erected, and anchored to the foundation. The average distance between structures for the Levee-Midway Transmission Line will be approximately 1,320 feet.
The sixth phase of construction is conductor installation. During this phase, a pilot line is installed and the conductor bundles are pulled into place using a puller at one location and conductor reels and a tensioner at another location. The puller and conductor reels are located approximately two to three miles apart.
The last phase of construction is the final cleanup during which any disturbance to the area caused by construction of the transmission line is restored.
Any given phase of construction for the Levee-Midway Transmission Line will last only a few days in any one site. All the phases of construction at any one site will take one to two weeks. Total construction time will be 12 to
18 months from the Midway Substation to the Conservation Substation and 12 to 18 months from the Conservation Substation to the Levee Substation.
Maintenance
Maintenance of the Levee-Midway Transmission Line includes maintenance of the ROW, structures, and conductors.
Maintenance of the ROW includes maintenance of the access road and structure pads and control of vegetation within the ROW. Where there are no forested wetlands or vegetation that will cause a fire hazard, selective cutting will be used to maintain vegetation within the ROW. In forested wetland areas, restrictive cutting will be used to maintain vegetation. In areas, such as in sawgrass marsh areas, where vegetation can build up and become a fire hazard to the transmission line, intermittent cutting will be used.
In agricultural areas, citrus and sugar cane will be allowed to grow within the ROW.
Regardless of the maintenance techniques to be used, exotic vegetation within the ROW, such as melaleuca, Australian pine, and Brazilian pepper, will be removed. A herbicide will be used to control vegetation in the ROW only if it is approved by certain regulatory agencies.
Maintenance on the structures and conductors will be on an as-needed basis. Each month the ROW is patrolled once by ground and once by air. On a periodic basis, the structures and conductors are closely inspected for repair.
SYSTEM RELIABILITY AND SEPARATION FROM EXISTING TRANSMISSION LINES
The existing 500 kV transmission lines in the FPL system transport approximately 75% of the power imported to Southeast Florida. The loss of this system from a single event, such as a fire, could result in a blackout to Southeast Florida. This type of blackout would interrupt electrical service to more than 2 million FPL customers and have a total effect on more than 4.2 million persons in Southeast Florida.
Four potential catastrophic events have been considered which could cause a simultaneous outage in the existing 500 kV transmission line system. These are fire, airplane crashes, tornados, and vandalism.
Wildfires have caused outages to transmission lines. In 1985, wildfires in Water Conservation Area (WCA) No. 3 in Broward County caused the simultaneous outage of three 500 kV transmission lines. This outage resulted in an electrical blackout in Palm Beach, Broward, and Dade counties. In 1989, FPL experienced over 100 fires either under or near its transmission lines. Fires in the sugar cane fields located in the Everglades Agricultural Area have also resulted in the outage of transmission lines.
A typical wildfire has a teardrop configuration. The hottest part of the fire is called the head and generates the greatest heat and smoke. The sides of the fire are called flanks and are hottest toward the head of the fire and cool toward the rear. The type of vegetation and the build up of vegetation are the fuel for a wildfire and will determine the intensity of the wildfire. Sawgrass can generate flames from 15 to 20 feet high. Mature melaleuca can generate flames as high as 100 feet.
Where no firebreak is available, a one-mile separation is an appropriate separation to prevent a simultaneous outage of the Levee-Midway Transmission Line and the existing 500 kV transmission lines due to fire.
Normally sugar cane fires are controlled fires with two persons controlling the burning of a sugar cane field. A sugar cane fire is intense, causing a great deal of heat. A controlled sugar cane fire can become a wildfire if the wind blows burning debris into a sugar cane field not intended to be burned.
The sugar cane industry employs a number of pieces of equipment in sugar cane burning operations. Typically, a fire wagon and a rubber-tired agricultural tractor are utilized at the site of fire operations. The fire wagons contain approximately two thousand gallons of water and are capable of throwing water out a distance of approximately three hundred feet. The fire wagons also are capable of drawing water from the canals that surround all of the sugar cane fields. The tractor units stand by so that fire breaks can be constructed as needed.
Sugar cane fields generally are laid out with fire operations in mind. Access roads are utilized as fire breaks between the fields, as are the drainage canals that surround the fields.
Specific procedures are employed when burning takes place under existing power lines. Pursuant to an agreement, FPL representatives are notified prior to any fires taking place. The sugar cane is rolled down prior to igniting it so that a slow burning fire is achieved. This results in flames and smoke which are not as intense as they would be in a normal fire.
In 1979, several sugar cane fires became uncontrolled fires. If the sugar cane burn units do not follow all rules for burning, an uncontrolled sugar cane fire may burn three or four adjacent fields before being brought under control. A typical sugar cane field is one-half mile long by one-eighth mile wide. Some fields may be larger or smaller.
In sugar cane fields, the Levee-Midway Transmission Line should be located at least four field lengths or one mile, whichever is shorter, from the existing transmission lines to avoid the simultaneous outage of these transmission lines from a sugar cane wildfire.
Where there is a substantial firebreak between the Levee-Midway Transmission Line and the existing lines, a one-mile separation is not needed. An adequate firebreak would be a combination of a four lane highway and adjacent canals and leeves. Such a firebreak is present in the SFWMD Corridor in Broward County where U.S. 27 and several canals and leeves separate the existing 500 kV transmission lines from the proposed location of the Levee-Midway Transmission Line. The 1985 fire that caused the outages of the existing transmission lines west of U.S. 27 did not cross over this firebreak to the east.
Four incidents have been recorded in which planes have come into contact with an FPL transmission line. The most recent event was November 3, 1989. Several of these collisions resulted in an outage of the line. Data on 1,260 plane crashes in the United States since 1983 show that only four plane crashes have had a scar length that exceeded one-quarter mile. A quarter-mile separation of the Levee-Midway Transmission Line from the existing 500 kV lines is appropriate to protect against a simultaneous outage of these lines from a single plane crash.
FPL has had at least one transmission line taken out of service due to a tornado. Other utilities have experienced multiple outages of transmission lines in a common corridor due to tornados. Data from the National Severe Storm Forecast Center show that tornadoes are common in St. Lucie, Martin, Palm Beach, Broward, and Dade counties. One-quarter mile is an appropriate separation for the Levee-Midway Transmission Line from the existing 500 kV transmission lines to prevent outage of all lines due to a tornado.
Several incidents of vandalism resulting in outages have occurred to the existing 500 kV transmission lines. Although no specific data were studied, if the separation criteria for fire, plane crashes, and tornadoes were met, vandalism resulting in the simultaneous outage of lines would be deterred.
FPL experiences more vandalization in Dade and Broward counties than in other areas of the state. Because of this, FPL has installed gates on existing access roads in Dade and Broward counties. FPL will also install such security measures on the access roads of the proposed transmission line.
The TCRPC and SFWMD Corridors provide sufficient separation from the existing 500 kV transmission lines. Where the transmission line will be located east of U.S. 27 in the SFWMD Corridor, a substantial fire break is present between the existing 500 kV transmission lines and the proposed location of the Levee-Midway Transmission Line. In this area there is at least a one-quarter mile separation between the proposed location for the Levee-Midway Transmission Line and existing transmission lines.
THE TREASURE COAST REGIONAL PLANNING COUNCIL CORRIDOR FROM MIDWAY SUBSTATION TO CORBETT SUBSTATION
DESCRIPTION OF THE TCRPC CORRIDORS
Land Uses
The TCRPC Corridor begins at the Midway Substation in the southwest quadrant of State Road 712 and Interstate Highway 95 in St. Lucie County. It turns southwest, then west and proceeds in that direction for about two miles. The corridor is of varying widths in this segment, but is generally 2,000 feet wide. It narrows to exclude the Pony Pines subdivision. The land uses are agricultural, primarily citrus and improved pasture.
Two miles west of Midway Substation, the TCRPC Corridor turns south and widens to one mile. The corridor remains one-mile wide to the south side of Glades Cutoff Road and the Florida East Coast Railway. There, it intersects with an existing 500 kV transmission line. South of the intersection with this transmission line, the corridor narrows to 2,000 feet. Land uses are agriculture, primarily citrus and improved pasture. Two homes, part of a third home, and a cattle-feeding facility are located in the corridor near the intersection of the corridor and the existing 500 kV transmission line.
The TCRPC Corridor continues south with a 2,000-foot width, crossing into Martin County at the County Line Canal. It proceeds south, past County Road 714 in Martin County. About three miles north of Indiantown, the corridor turns west and crosses County Road 609. Land uses are citrus and improved pasture.
The TCRPC Corridor continues west for approximately one mile, then turns south until it crosses State Road 710. It is 2,000 feet wide. In the northern portion of this segment of the corridor, the land uses are still agricultural. The Indiantown Farms subdivision is located in the western half of the corridor just north of State Road 710. There are a few existing homes outside the corridor. About 100 acres of the subdivision on the northern frontage of State Road 710 have been rezoned and platted for industrial development, but no industrial development has begun. A tree nursery is located in the corridor near State Road 710.
South of State Road 710, the corridor turns southwest and perpendicular to the road, then it turns west, then southwest again. The corridor crosses an abandoned steel plant. It also crosses a site for a proposed electric power cogeneration plant. No applications for approval of that facility have been filed with Martin County, and a transmission line could be routed through the site without disrupting the facility. Outside the corridor to the west are a citrus processing plant and a flour mill.
The TCRPC Corridor then intersects the intake/discharge canal of FPL's Martin Power Plant, crosses it, then turns south and crosses the St. Lucie Canal. Land uses are undeveloped land or agriculture, primarily citrus. The corridor remains 2,000 feet wide north of the St. Lucie Canal.
South of the St. Lucie Canal, the corridor continues to the Martin- Palm Beach county line. The corridor passes through agricultural lands, primarily sugar cane fields. To the east and outside of the corridor is the Dupuis Reserve or White Belt Ranch, which was recently purchased for preservation under the Save Our Rivers program.
South of the Palm Beach county line, the corridor continues south, then diverges into two alternate routes into the Corbett Substation. TCRPC Corridor 1 continues in a north/south alignment for approximately seven miles, until it reaches the West Palm Beach Canal and State Road 700. There, it turns southeast and follows the canal and road. West of the substation, the corridor turns east and terminates at the substation. Land uses in this segment are agriculture, predominantly sugar cane. Scattered farm buildings, offices, and residences are located in the corridor along State Road 700. These total between 15 and 20, including six residences.
From the point where the two alternate routes diverge, TCRPC Corridor
2 turns southeast along and outside the southern boundary of the Dupuis Reserve until a point one mile west of the existing 500 kV transmission lines. There, the corridor turns south for about three miles, then it turns southeast and continues into Corbett Substation. TCRPC Corridor 2 is 2,000 feet wide. Land use is sugar cane cultivation.
Unusual Uses or Restricted Areas - Cemeteries
South of the St. Lucie Canal, the TCRPC Corridor crosses two cemeteries, both of which lie within the eastern half of the 3,000-foot corridor.
There are no airports within the TCRPC Corridor or within 2,000 feet of it.
Water Resources
Historically the greater portion of the TCRPC Corridor from the Midway Substation to the L-8 Canal has been a poorly drained area of flatlands and wet prairie. There are unnamed canals and ditches used to drain the land for agricultural purposes. Major canals crossed include the C-24 Canal in St. Lucie County, the C-23 or County Line Canal, the St. Lucie Canal along the White Belt Ranch in Martin County, and the L-8 Canal.
South of the L-8 Canal, TCRPC Corridors 1 and 2 cross an area that was historically part of the Everglades. This area is now almost all devoted to sugar cane production and is crossed by numerous unnamed agricultural canals and ditches. From the L-8 Canal, TCRPC Corridor 1 runs south until it reaches the West Palm Beach Canal and follows this canal to a point directly west of the Corbett Substation and then turns east to connect to the substation. TCRPC Corridor 2 follows the L-8 Canal along the edge of the White Belt Ranch, turns south and then southeast to connect to the Corbett Substation.
Vegetation
The TCRPC Corridor is dominated by agricultural lands. From the Midway Substation to the St. Lucie Canal these agricultural areas are dominated by citrus and improved pasture. Undeveloped areas include small remnant areas of pine flatwoods and freshwater marshes, with a smaller number of pine and wet prairie communities, hardwood hammocks, and mixed hardwood swamps. Where the TCRPC Corridor follows the St. Lucie Canal, there are oak and cabbage palms along the southern bank of the St. Lucie Canal.
South of the St. Lucie Canal to the L-8 Canal, the corridor crosses areas dominated by agriculture, primarily sugar cane. From the L-8 Canal, TCRPC Corridors 1 and 2 cross areas almost exclusively in sugar cane production until they reach Corbett Substation.
Wildlife
Most of the natural vegetative habitat in the TCRPC Corridor has been severely impacted by agricultural land use so that little natural undisturbed wildlife habitat is available for feeding, breeding, or nesting.
From the Midway Substation to the Glades Cut-Off Road the TCRPC Corridor crosses primarily improved pasture and citrus. Improved pasture provides feeding habitat, on an incidental basis, for a variety of regional species including sandhill cranes, wood storks, Cooper's hawk, and wading birds, depending on the hydrology of the area. The areas dominated by citrus provide minimal habitat value for wildlife.
South of the Glades Cut-Off Road to the St. Lucie Canal, the TCRPC Corridor crosses improved pasture, citrus, isolated areas of freshwater marsh, and remnant stands of mixed hardwood swamp. The few freshwater marsh and mixed hardwood swamp areas are small and do not function as regionally important habitat for any listed species identified.
From the Midway Substation to the St. Lucie Canal, no important wildlife features such as eagle nests, wading bird colonies, wood stork rookeries, or red-cockaded woodpecker colonies are known to exist. There are isolated pockets of habitat suitable for some of these vertebrate species, but site specific investigations will have to be performed to determine the actual existence of any of the species,
From the St. Lucie Canal to the Corbett Substation, both the TCRPC 1 and 2 Corridors cross sugar cane which provides minimal wildlife habitat. There is no important wildlife habitat within the TCRPC Corridor that would attract any wildlife resources from the White Belt Ranch area.
IMPACTS ON THE PUBLIC OF THE TCRPC CORRIDORS
Land Use Impacts
The TCRPC Corridor conforms to existing land use patterns between the Midway Substation and the Corbett Substation. The corridor traverses agricultural lands almost exclusively. Agricultural lands would be compatible with a transmission line because the current land uses could continue on the ROW after the transmission line is constructed.
There is little existing development in the TCRPC Corridor so it is unlikely any residences or other structures would have to be relocated. The corridor passes north of and excludes the Pony Pines subdivision, so the transmission line would not be located within that subdivision. The corridor includes part of the Indiantown Farms subdivision, but the corridor is wide enough there to allow a transmission line to be located east of developed areas.
Duda owns approximately 10,000 acres traversed by the TCRPC Corridor. It is used for ranching, citrus cultivation, and other agricultural purposes.
Duda wishes to develop this property over the next 30 years. Unless its plans change, Duda expects 15,000 dwelling units and other uses on the property at buildout in the year 2020.
Duda has prepared a conceptual master plan and a master drainage plan and ordered topographic, groundwater, and utility studies.
Even Duda's own witness, Proctor, acknowledged that future development plans should be considered during corridor selection only when they have been platted and are of record. Duda's plans are not platted or recorded.
At least 10 regulatory agencies must approve any development ever proposed by Duda. So far none of those agencies have been shown any development plans. Any plan Duda proposes may be changed during the approval process.
The 1981 St. Lucie County Growth Management Policy Plan has been amended to allow low-density residential and commercial uses on Duda property near the intersection of Interstate Highway 95 and Gatlin Boulevard. However, the amendment did not alter the agricultural designation of any land within the TCRPC Corridor.
The proposed St. Lucie County comprehensive plan would establish an urban services area (USA). Proposed Policy 1.1.4.1 provides that urban development should be confined to the USA. Policy 1.1.4.3 allows the USA boundary to be moved 1,500 feet without a plan amendment.
The TCRPC Corridor, except for the portion at Midway Substation, is located 2,000 feet west of the proposed USA boundary. Under the proposed plan, the USA boundary could not be moved to include lands within the TCRPC Corridor, other than those at Midway Substation, without a plan amendment.
According to Mr. Grella (Duda witness), Duda Corridor 1/1A is preferable to the TCRPC Corridor as a location for the Levee-Midway Transmission Line because, if located in the TCRPC Corridor, the line might interfere with any future development of the Duda property.
Grella based his opinion primarily on the fact that a portion of the Duda land within the TCRPC Corridor is designated "Residential Urban" on the future land use map of the proposed St. Lucie County comprehensive plan.
Where the Duda property in the corridor is classified "Residential Urban" on the proposed future land use map of St. Lucie County, that designation extends only one-third of the way across the width of the corridor, east to west. The remaining two-thirds of the corridor width is classified "Agricultural." Therefore, even if the proposed St. Lucie County plan were adopted, the TCRPC Corridor would be predominantly classified for agricultural
uses compatible with a transmission line. Thus, a transmission line could be located in the TCRPC Corridor solely in lands designated "Agricultural" under the proposed St. Lucie County plan.
The Florida Department of Community Affairs (DCA) has review powers over local comprehensive plans and issues its objections, recommendations, and comments (ORC Report) on proposed plans. DCA has issued an ORC Report on the proposed St. Lucie plan.
The ORC Report specifically objects to allowing urban residential densities outside the USA. It also objects that the proposed plan does not sufficiently protect agricultural lands from encroachment by urban development and sprawl. Grella did not read the ORC Report in the course of formulating his opinion.
Mr. Viele (Duda witness) testified that location of the Levee-Midway Transmission Line in the TCRPC Corridor would impede development of the Duda property or result in "leapfrog" development. However, Mr. Viele recognized that numerous land developments have been built around existing transmission lines in South Florida.
Mr. Viele also testified that a transmission line would result in discounting the value of residential lots. However, he was unaware of any studies on the impact of transmission lines on development and had no real estate appraisal analysis of the effect of transmission lines on residential lots. Furthermore, Mr. Deighan (Duda witness) acknowledged that in eminent domain proceedings, a utility must fully compensate a landowner for any diminution of value to his lands, either within or outside of a transmission line ROW.
In Martin County, Allapattah owns 22,600 acres. Most of the land is improved pasture used for ranching.
Allapattah is a general partnership created for the purpose of managing a cattle ranch in Martin County, Florida. The ranch is being held in trust for the benefit of the children of Mr. Spencer T. Olin. The ranch is comprised of approximately 22,600 acres, maintains approximately 6,500 cattle, and employs approximately fourteen employees, including cattle crews, bulldozer/dragline operators, mechanics, and grounds and residential maintenance personnel.
Allapattah's ranch is located approximately twelve miles west of the City of Stuart, Florida. It commences at the intersection of Highway 609 and the Martin/St. Lucie county lines, which is also the southerly right of way of the C-23 Canal. It extends to the east approximately four miles to the west section line of Section 3, then extends six miles to the south along those section lines, ending at the southern boundary of Section 34. It then extends eight miles westerly to the westerly boundary of Section 33. It then extends three miles in a northerly direction and continues four miles along Highway 714. It then extends to the north an additional three miles to the point of beginning, the intersection of Highway 609 and C-22 Canal.
Allapattah's ranch is composed of approximately 17,000 acres of improved pasture. The balance of the land is in roadways, dikes, ditches, canals, hardwood hammocks, and wetlands.
Allapattah's ranch is traversed by two paved roadways: Highway 609, which connects Indiantown with the Bridge Cut Off road in St. Lucie County and, further on, Ft. Pierce, Florida; and Highway 714, which is one of the major highways that connects Stuart, Florida, to Highway 710 and Okeechobee, Florida. Highway 714 bisects a portion of the property and extends along the northern boundary of the western side of the property.
Allapattah's ranch is located approximately one and one-half miles west of the Highway 14 interchange of Interstate 95.
Allapattah constantly receives inquiries with respect to offers to purchase its land. Even though Allapattah does not consider its ranch as being "for sale," it does consider all reasonable offers to purchase the ranch based upon its fiduciary responsibility as trustees to the beneficiaries. Allapattah does have the authority to sell the Martin County ranch if it received an appropriate offer.
The TCRPC Corridor north of the Corbett Substation traverses through the center of Allapattah's ranch as it travels north through Martin County, Florida.
Currently there are several high voltage transmission lines which cross or run adjacent to Allapattah's property. There are two 500 kV lines that traverse through the western portion of Allapattah's property, and there are two
230 kV lines which extend along the eastern boundary of the property. The two
500 kV lines are located in a 660-foot right-of-way, and the two 230 kV lines are located in a 200-foot right-of-way.
Allapattah is opposed to the TCRPC Corridor based upon the fact that it traverses through Allapattah's ranch at its center and in that portion which is longest, north and south. Allapattah is concerned that an additional visual impact imposed on the ranch, especially in the area traversed by the TCRPC Corridor, will negatively affect the future marketability of the property. Allapattah supports the routes presented by Duda since they cross the western portion of the property which has already been impacted by the presently existing power lines. It is reasonable to assume that the real estate development potential of land located near a major transportation artery, such as Interstate 95, is great, and consequently, Allapattah prefers not to locate a corridor for a high voltage transmission line, such as proposed in this case, in close proximity to such an area.
Even though the TCRPC Corridor bisects the Allapattah Ranch, Mr. Viele acknowledged that the western portion would be inappropriate for some residential uses if the property is ever developed, but that it would be appropriate for other residential uses and for industrial uses.
The TCRPC Corridors are preferable to Duda Corridors 2/2A because a transmission line located in Duda Corridor 2/2A would obstruct the approach slopes for existing airports. A line located in the TCRPC Corridors would not have such an effect. The TCRPC Corridors are preferable to Duda Corridor 1/1A because locating a transmission line to avoid obstructing the approach to an existing airport in Duda Corridor 1/1A would result in a greater burden on the land than in the TCRPC Corridors. In addition, compared to Duda Corridor 1/1A, the TCRPC Corridors have fewer constraints for locating the transmission line so that it would conform to property lines.
Impacts on Unique Uses or Restricted Areas - Cemeteries
The TCRPC Corridor crosses two cemeteries south of the St. Lucie Canal, but it is wide enough so that the transmission line could, if necessary, be routed around the cemeteries.
No airports would be impacted if the transmission line were constructed in the TCRPC Corridor.
Landscape Architecture and Visual Impacts
The location of the TCRPC Corridor generally will minimize the visual impact of the transmission line. The corridor is located in sparsely populated agricultural and rural lands which present minimal opportunities for viewing the line. The continuation of current agricultural land uses in the ROW also will minimize the visual impact of the transmission line. The location of the corridor near existing linear facilities in many places will mitigate visual impacts.
In Martin County, the corridor is wide enough to allow a transmission line to be located east of residences and future industrial development in the Indiantown Farms subdivision. In this area, Robinson Road serves as the centerline of the TCRPC Corridor north of State Road 710, and a transmission line would merge with the line of sight from this existing linear facility.
Where the TCRPC Corridor intersects State Road 710, the transmission line would be aesthetically compatible with existing industrial development on the south side of State Road 710. Further south, the corridor runs parallel to two existing linear facilities, the St. Lucie Canal and West Farm Road, providing a compatible line of sit for the transmission line in that locale, too.
In Palm Beach County, TCRPC Corridor 1 follows the West Palm Beach Canal and State Road 700 part of the way into Corbett Substation. A transmission line would be aesthetically compatible with these existing linear facilities. TCRPC Corridor 2 follows the L-8 Canal and southern boundary of the White Belt Ranch for part of its route to the substation. These existing linear facilities also would create lines of sight with which the transmission line would be consistent, mitigating its visual impacts.
IMPACTS ON THE ENVIRONMENT OF THE TCRPC CORRIDORS
Water Resources Impacts
The location of the Levee-Midway Transmission Line in the TCRPC Corridor will not adversely impact the flood levels or historical flow patterns. Storage volumes will not be significantly affected since fill for the access road and structure pads displace only a small area within the ROW. Culverting of the access road and structure pads will also offset some of the volume displaced by fill and will maintain hydrologic flow patterns. To maintain flood flows, culverting will also be used when crossing canals and ditches.
Construction of the Levee-Midway Transmission Line in the TCRPC Corridor will not adversely affect short-term or long-term water quality. Hay bales or fabric fences will be installed to prevent short-term erosion and
turbidity problems. After construction, vegetation will grow back along the sides of the access road and structure pads, preventing any long-term erosion or water quality problems.
The TCRPC corridor will impact wetlands within the jurisdiction of DER. DER has not formally identified all wetland areas within its jurisdiction at this point, but has estimated that there are approximately 1226 acres of wetlands within the entire FPL preferred corridor that would be adversely affected by construction and maintenance of the proposed line. This acreage is considered by DER to be significant. However the wetland impacts cannot be accurately quantified until the right of way is selected from within the certified corridor.
It is expected that the construction of the transmission line will result in a variety of impacts to the wetlands within all the proposed corridors. These impacts include direct elimination of wetland habitat through filling activities, loss of wildlife habitat, changes to hydrologic patterns, impacts to water quality, and a number of secondary impacts. The secondary impacts include impacts resulting from the cutting of vegetation and the presence of access roads bisecting the wetland areas. The regulatory agencies have been unable to specifically detail the impacts to each wetland area that will be affected because they do not know where the right-of-way will be located within the corridor. Until the right-of-way is selected, it is not possible to quantify these impacts.
Vegetation Impacts
Forty species of plants were identified for review to determine potential impacts to vegetation caused by the Levee-Midway Transmission Line. The "listed species" included plants identified as threatened and endangered species, species of special concern, and commercially exploited species. Vegetative communities were identified by review of aerial photographs, review of agency reports, and helicopter flyovers.
The location of the Levee-Midway Transmission Line in the TCRPC Corridor will not adversely impact the vegetation or wetlands in that area. The majority of the TCRPC Corridor is comprised of agricultural lands with little remaining native vegetation. The remnant areas of flatwoods, pine and wet prairie, freshwater marsh, and hammock generally can be routed around or spanned. Other transmission lines have been located in similar areas with little or no impact to native vegetation.
Wildlife Impacts
Fifty species of wildlife were identified for review to determine the potential impacts to wildlife from location of the transmission line in the TCRPC Corridor. The "listed species" included threatened and endangered species and species of special concern. Potential habitats were identified through a literature search, consultation with environmental agencies, review of aerial photographs, and helicopter flyovers.
A significant area of the TCRPC Corridor is agricultural land and does not provide suitable habitat for wildlife. No nesting, roosting, or staging areas for any threatened or endangered species were found in the corridor, although only a cursory survey by flyovers was made. The TCRPC Corridor does not have any sensitive or critical wildlife habitat essential for
any of the 50 wildlife species identified. The wildlife habitat encountered is regionally common. However suitable habitat for the red-cockaded woodpecker does exist in the corridor.
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT CORRIDOR FROM CORBETT SUBSTATION TO LEVEE SUBSTATION
DESCRIPTION OF THE SFWMD CORRIDOR
Land Uses
The SFWMD Corridor exits the Corbett Substation to the west and immediately turns south. It crosses State Road 80 near the State Road 700 intersection. From there, the corridor follows the western boundary of WCA No. 1, also known as the Arthur R. Marshall Loxahatchee National Wildlife Refuge, staying outside the refuge. The corridor is one mile wide leaving the substation, with the existing 500 kV transmission lines on the eastern edge of the corridor. Land use in the corridor is primarily sugar cane cultivation.
The SFWMD Corridor continues south on the perimeter of WCA No. 1 and juts to the west to go around an area generally known as the Snail Farm. From the northern tip of WCA No. 2A, the SFWMD Corridor proceeds southwest on the western boundary of WCA No. 2A. Land use is primarily sugar cane cultivation, and the corridor remains one mile wide.
The SFWMD Corridor continues south, crossing the Brown's Farm Wildlife Management Area (WMA). It then intersects U.S. 27 and the L-35 Canal near the county line with Broward County. The corridor remains one mile wide with the existing 500 kV transmission lines on the eastern edge of the corridor. Land use is primarily sugar cane cultivation, although Brown's Farm is used for hunting and other recreation.
South of the Palm Beach-Broward county line, the SFWMD Corridor turns southeast, remaining on the western boundary of WCA No. 2A but lying mostly in WCA No. 3A. It straddles U.S. 27, two canals and a levee. The corridor is one mile wide, and the existing 500 kV transmission lines are on the eastern edge of the corridor. Land uses are water conservation.
The SFWMD Corridor continues south on the edge of WCA No. 2A, straddling the four-lane highway, canals, and levee, until it reaches the intersection of U.S. 27 and Interstate Highway 75 or State Road 84. The existing 500 kV transmission lines are still on the eastern edge of the one- mile-wide corridor. Land use is water conservation. At the intersection with the L-35B and L-38E canals, the corridor crosses the Sawgrass Fish Camp, which has campsites, a concession stand, an airboat ride, and boat slips.
At the State Road 84 intersection with U.S. 27, an arm of the SFWMD corridor turns southeast, crosses the existing 500 kV transmission lines, and follows the southern boundary of WCA No. 2B along the L-35 Canal adjacent to State Road 84. The corridor is 800 feet wide and wholly within WCA No. 2B. It will contain the lines from Corbett to Conservation Substation and from Conservation to Levee Substation.
This arm of the SFWMD Corridor turns northeast along the southern boundary of WCA No. 2B. At the bend where the L-35A Canal turns to the northeast, the canal and corridor go past and outside Markham Park. The corridor then parallels the Sawgrass Expressway to the site for Conservation
Substation at the intersection of the Sawgrass Expressway and Commercial Boulevard. Land use in the corridor is water conservation. An existing 230 kV transmission line is situated in the last portion of the corridor as it approaches the substation site.
From the intersection of State Road 84 and U.S. 27, the SFWMD Corridor proceeds south within WCA No. 3A, crossing the existing 500 kV transmission lines. The corridor includes and runs parallel to the L-68A and L-
37 canals. The existing 500 kV transmission lines again are on the eastern boundary of the corridor. Land use is water conservation.
The corridor then crosses the South New River Canal, and remains one mile wide with the existing lines on the eastern edge of the corridor. Land use is water conservation. On the eastern edge of the corridor is the Everglades Holiday Park.
The SFWMD Corridor passes over the Miami Canal just before crossing into Dade County. Then it crosses the L-30 Canal and narrows to exclude Thompson Park from the eastern side of the corridor. North of Thompson Park, the corridor passes an aeronautical navigation aid. Land uses are water conservation and, south of the L-30 Canal, excavation and undeveloped land.
The SFWMD Corridor resumes its one-mile width south of Thompson Park. It is centered on the Dade-Broward Levee all the way to a point west of Levee Substation. There, the corridor turns east and connects with the substation. Land uses are land excavation and undeveloped land.
No residences are located within the SFWMD Corridor.
Water Resources
In Palm Beach County, the SFWMD Corridor follows the western edge of WCA No. 1 and No. 2A and crosses numerous unnamed canals and drainage ditches associated with sugar cane production. Major waterways crossed include the West Palm Beach Canal, the Ocean Canal, the Hillsboro Canal, and the L-18 Canal.
In Broward County, the SFWMD Corridor parallels the L-38E and L-38W Canals as it follows the edge of WCA No. 2A. North of the U.S. 27 and State Road 84 intersection, the SFWMD crosses the L-35B Canal.
At the intersection of U.S. 27 and State Road 84, an arm of the SFWMD Corridor turns east to go to Conservation Substation. The corridor follows the L-35 and L-35A Canals, and crosses the L-36 Canal.
At the intersection of U.S. 27 and State Road 84, the SFWMD Corridor turns south and parallels the L-68A and L-37 Canals. The corridor crosses the South New River Canal and the L-68A Canal and then continues south, paralleling the L-33 Canal and Dade-Broward Levee.
Near the Dade County line the SFWMD Corridor crosses the Miami Canal and then follows the L-30 Canal around Thompson Park. South of Thompson Park, the corridor widens and follows the Dade-Broward Levee down to the Levee Substation.
Vegetation
From the Corbett Substation to the Palm Beach-Broward county line, the SFWMD Corridor crosses areas dominated by sugar cane. It also crosses some areas of mixed freshwater marsh and shrub swamp associated with the Brown's Farm WMA.
South of the Broward county line, the SFWMD Corridor follows the western edge of WCA No. 2A. West of the L-38 canal, the SFWMD Corridor crosses areas dominated by sawgrass. East of the L-38 Canal, there are areas dominated by cattail. At 26 Mile Bend, there is a large willow head. South of this area, to the intersection of U.S. 27 and State Road 84, the SFWMD Corridor crosses areas dominated by cattail.
At the intersection of U.S. 27 and State Road 84, a portion of the SFWMD Corridor turns east to connect to the proposed Conservation Substation. This segment of the SFWMD Corridor crosses areas of sawgrass invaded by melaleuca.
From the intersection of U.S. 27 and State Road 84, the SFWMD Corridor continues south, crossing areas dominated by sawgrass. South of the L-
30 Canal in Dade County, the sawgrass communities are invaded by melaleuca. East of the Dade-Broward Levee are large stands of melaleuca.
Wildlife
The SFWMD Corridor contains primarily two types of wildlife habitat: agriculture and freshwater marsh.
From the Corbett Substation south to the Palm Beach-Broward county line, the SFWMD Corridor crosses primarily sugar cane and provides no suitable habitat for any of the 50 identified species. North of the Broward county line, the SFWMD Corridor crosses the Brown's Farm WMA which consists of shrub swamp, mixed marsh, and sawgrass. No nesting colonies for snail kites or eagle nests were found in this area, but no extensive search for nests has been conducted.
From the Broward county line south to the intersection of U.S. 27 and State Road 84, the wildlife habitat is primarily sawgrass with some invasion of cattail. Although this vegetation provides habitat to wildlife, it is neither regionally unique nor sensitive habitat.
At the intersection of U.S. 27 and State Road 84, a portion of the SFWMD Corridor turns east and follows the southern border of WCA No. 2B to the proposed Conservation Substation site. The area crossed by the corridor is a mixed freshwater marsh habitat heavily invaded by melaleuca. Part of this portion of WCA No. 2B has been designated as critical habitat for the snail kite; however, due to the draining of this area and the invasion of melaleuca, it is no longer suitable for snail kite nesting. No snail kite nesting areas have been reported in this portion of WCA No. 2B in the last three years.
From the intersection of U.S. 27 and State Road 84, the SFWMD Corridor crosses areas dominated by sawgrass. The sawgrass communities provide some habitat to wildlife depending on the hydrology of the system, however, it does not represent regionally unique or sensitive habitat. South of Krome Avenue in Dade County, the eastern portion of the SFWMD Corridor is dominated by melaleuca. The melaleuca stands provide minimal value to wildlife.
IMPACTS ON THE PUBLIC OF THE SFWMD CORRIDOR
Land Use Impacts
The location of the Levee-Midway Transmission Line in the SFWMD Corridor would conform to existing land use patterns. There is virtually no development within the SFWMD Corridor, so there will be no impacts to existing development. Further, no residences will be disrupted. The location of the transmission line in water conservation areas for much of this route will be mitigated by the fact that 500 kV transmission lines already are located in many of those areas.
The SFWMD Corridor provides numerous opportunities for locating the Levee-Midway Transmission Line parallel to existing linear facilities, such as roads, levees, canals, and transmission lines. For much of its length, the corridor follows the already-defined edge of the water conservation areas.
Unique Proposed Uses
The Dade County Comprehensive Development Master Plan requires Dade County to study and identify by 1991 a site for a new supplemental air carrier airport suitable for land banking in the area outside of the urban development boundary, environmental protection areas and future well fields and cones of influence areas.
Dade County has a study site for the proposed air carrier airport in Dade County to the east of the proposed SFWMD corridor. The study site is bordered by the Dade-Broward county line, the Miami Canal, the Florida Turnpike Extension, and the SFWMD L-33 Canal.
FPL and Dade County reached certain agreements regarding design and construction of the transmission line in the vicinity of the proposed airport. Those agreements are incorporated in Appendix F and are further discussed in Paragraph 334 herein.
Landscape Architecture and Visual Impacts
The location of the SFWMD Corridor generally will minimize the visual impact of thee Levee-Midway Transmission Line. The corridor is situated in agricultural lands or water conservation areas for almost its entire length, minimizing opportunities for viewing, and thus any visual impacts. In addition, the SFWMD Corridor parallels existing transmission lines, highways, canals, or levees for much of its length. A transmission line would be compatible with lines of sight established by these existing linear facilities.
The corridor follows U.S. 27, a four-lane divided highway, and three existing transmission lines to the State Road 84 interchange. Although the proximity to these highways creates increased opportunities for viewing, a transmission line would follow the existing lines of sight. The segment stretching from the State Road 84 interchange to Conservation Substation follows existing highways, transmission lines, levees, or canals along the border of WCA No. 2B, helping to mitigate any visual impact.
From the State Road 84 interchange south, the corridor is located in undeveloped lands and water conservation areas, minimizing opportunities for viewing. It also runs parallel to existing transmission lines, canals, and levees all the way to Levee Substation.
Other Considerations - Impacts to Sugar Cane
In agricultural areas, crops such as citrus, sugar cane, and sod would be allowed to grow underneath the transmission line. Sugar cane grown underneath the transmission line would have to be rolled prior to burning to prevent the sugar cane fire from causing an outage to the transmission line. There are several 500 kV transmission lines that currently cross land that is used for citrus and sugar cane production.
Testimony was presented that the location of the Levee-Midway Transmission Line within the SFWMD Corridor would impact sugar cane production. Impacts listed include interference to drainage and irrigation systems, less efficient burning of sugar cane under the transmission lines, less efficient aerial spraying of sugar cane, and more difficult access to roads and fields. None of these impacts were quantified as to dollar impact or loss of production, even though 500 kV transmission lines currently exist over sugar cane fields from which quantifiable data could have been developed.
It was also suggested by FSCL that the potential impacts to the sugar cane production could be lessened if the Levee-Midway Transmission Line were located adjacent to the existing 500 kV transmission lines in the SFWMD Corridor. How or why the impacts would be reduced was neither explained nor quantified.
IMPACTS ON THE ENVIRONMENT OF THE SFWMD CORRIDOR
Water Resources Impacts
Construction of the Levee-Midway Transmission Line in the SFWMD Corridor will not significantly impact the flood levels or historic flows. The fill required for the construction of the access road and structure pads will displace a minimal volume compared to the total storage volume in the water conservation areas. Additionally, culverting will maintain the historic drainage patterns and offset some of the volume taken up by fill.
Short-term and long-term water quality will not be significantly impacted. Hay bales and fabric fences will be used to control localized erosion during construction. Revegetation of the sides of the access road and structure pads will prevent long-term erosion.
The impacts to wetlands and the hydrology of the area are similar to those previously discussed. No more detailed analysis can be performed until a right-of-way is selected.
Vegetation Impacts
The SFWMD Corridor was reviewed for the 40 listed species of plants previously identified using the same methodology as was used for the TCRPC Corridor.
There will be minor, if any, impact to native vegetation caused by construction of the Levee-Midway Transmission Line in agricultural areas crossed by the SFWMD Corridor because little or no native vegetation is found in these areas.
Construction of the transmission line adjacent to the numerous levees in the SFWMD Corridor will minimize impacts to the freshwater marshes because the levees can be used for access to the transmission line. The freshwater marsh areas directly beneath the transmission line will not be significantly impacted. Similar transmission lines have been constructed across freshwater marsh areas in the past.
Melaleuca within the ROW will be eradicated, providing a benefit to those freshwater marsh areas.
Wildlife Impacts
The 50 listed species previously identified were reviewed to determine any potential impacts the Levee-Midway Transmission Line would have if located in the SFWMD Corridor. (See Paragraph 126). The methodology for review was the same as for the TCRPC Corridor.
The habitats for wildlife in the SFWMD Corridor are comprised of either agriculture, primarily sugar cane, or sawgrass marsh associations. The agricultural areas provide minimal value as a wildlife habitat. Therefore, impacts to wildlife in those areas will be minor, if any.
Sawgrass marsh areas provide habitat for a variety of species. However, the SFWMD Corridor represents only a small area of this vast regional sawgrass marsh association. No threatened or endangered species or species of regional concern were found to be dependent on the habitat within the SFWMD Corridor. Many sawgrass marsh areas have been invaded by melaleuca and no longer provide wildlife habitat functions. The southern edge of WCA No. 2B has been drained and invaded by melaleuca and is no longer a suitable habitat for the snail kite. In Dade County, south of Krome Avenue and on the east side of the SFWMD Corridor, the sawgrass marsh area is almost completely replaced by a melaleuca forest. This area provides almost no habitat for wildlife.
No unique habitat features such as eagle nests, woodstork rookeries, wading bird colonies, or red-cockaded woodpecker colonies were found within the SFWMD Corridor, but no extensive investigation has been conducted.
DUDA CORRIDOR 1/1A FROM MIDWAY SUBSTATION TO CORBETT SUBSTATION
DESCRIPTION OF DUDA CORRIDOR 1/1A
Land Uses
Duda Corridor 1 departs from the TCRPC Corridor where the TCRPC corridor turns south. From that point Duda Corridor 1 proceeds west to the Header Canal. There, Duda Corridor 1 turns south, following the canal. Land uses are agricultural, primarily citrus and undeveloped land.
One mile south of the turn, the Hidden Acres subdivision is located in the portion of Duda Corridor 1 west of the Header Canal. About 10 to 12 residences are located within the corridor in this subdivision. East of Header Canal opposite Hidden Acres are three residences and two or three farm buildings. Together, these developments occupy the easternmost three-quarters of the 2,000-foot corridor.
South of Hidden Acres, Duda Corridor 1 proceeds to the Glades Cutoff Road. At that point, it intersects the existing 500 kV transmission line. Land uses are agricultural, primarily unimproved pasture and citrus.
South of Glades Cutoff Road, Duda Corridor 1A heads due south to the county line. One mile east of the corridor on State Road 609 is an industrial facility. Near the county line, two homes exist in the corridor in the Treasure Coast Airpark subdivision with a third under construction. Other land uses are agriculture and undeveloped land.
In Martin County, Duda Corridor 1A proceeds south to State Road 714. Approximately three miles south of this road, the corridor enters the Allapattah Flats area. Land uses are agriculture, primarily improved pasture and undeveloped land.
Duda Corridor 1/1A continues south through the Allapattah Flats and associated wetlands. It adjoins the TCRPC Corridor north of Indiantown near the point where the TCRPC Corridor crosses State Road 710. Land uses are primarily agriculture, such as improved pasture.
Duda Corridor 1/1A is 2,000 feet wide from the point it diverges from the TCRPC Corridor in St. Lucie County to the point where it rejoins the TCRPC Corridor in Martin County. It is 2,000 feet wide at the point where it intersects the existing 500 kV transmission line on the south side of Glades Cutoff Road in St. Lucie County.
Duda Alternate 1/1A is 59.8 miles if TCRPC Alternate 1 is followed and 61.3 miles if TCRPC Alternate 2 is followed.
Unique Uses or Restricted Areas - Airports
South of Glades Cutoff Road, the Treasure Coast Airpark subdivision has a 3,956-foot runway in an east/west alignment. The runway intrudes 373 feet into Duda Corridor 1A from the eastern edge of the corridor. This configuration leaves 1,627 feet between the end of the runway and the corridor's western edge.
The airport is licensed by the Florida Department of Transportation (DOT).
Water Resources
Little evidence was offered regarding the water resources within the Duda 1/1A Corridor, except that it contained a few scattered small wetlands that could easily be spanned or skirted by the transmission line.
Vegetation
Duda Corridor 1/1A crosses agricultural land, improved pasture, isolated freshwater marsh, and mixed forested wetlands. At the southern end of the Duda 1/1A Corridor is a large mixed hardwood forest associated with the Allapattah Flats. This forest extends across the width of the corridor from east to west and extends approximately one and a half miles north to south within the corridor.
Wildlife
1.88. Wildlife habitats in the Duda Corridor 1/1A are generally similar to that in the TCRPC Corridor. A large mixed hardwood forest is located in the southern portion of the Duda Corridor 1/1A. This large contiguous mixed hardwood forest provides excellent habitat for wildlife.
IMPACTS ON THE PUBLIC OF DUDA CORRIDOR 1/1A
Land Use Impacts
Although Duda Corridor 1/1A lies primarily in agricultural and undeveloped lands compatible with a transmission line, the corridor includes the Hidden Acres subdivision. It also includes a residential area on the opposite side of the Header Canal from Hidden Acres.
The presence of the residential area on the opposite side of the Header Canal compounds the constraints on locating a transmission line in Duda Corridor 1/1A. In order to avoid displacing those residences, a line would have to be located on the eastern edge of the corridor. In that location, the transmission line would not conform to property lines.
Impacts on Unique Uses or Restricted Areas - Airports
Under DOT rules, an airport licensed for private use must have an approach zone 50 feet wide on either side of the centerline at the end of the runway, extending to a 350-foot width on either side of the extended runway centerline at a distance of 3,000 feet from the end of the runway. Within this trapezoidal approach zone, there must be no obstructions into a glide path of 20:1 from the end of the runway.
Using structures with a height of 73 feet, the location of the Levee- Midway Transmission Line in the Duda Corridor 1 would not obstruct the approach zone glide path for the Treasure Coast Airpark runway if the structures were located on the western edge of the corridor, assuming the runway elevation is identical with the elevation of the construction site for the H-frame structure.
This determination assumes the structure would be built so its highest point nearest the runway would be located on the western edge of the corridor. However, the structure would be located on the centerline of a 200- foot ROW. The structure has two posts at the top, each 28 feet from the centerline.
If the ROW were located at the edge of Duda Corridor 1A and the structure were placed in its standard alignment with the high point of the structure 128 feet closer to the runway than the corridor edge, the structure could be no taller than 74.95 feet without obstructing the approach zone glide path.
This calculation assumes the elevation at the end of the runway is identical to the elevation at the structure site. No evidence was offered to show the elevations of these sites. Thus, the record is inconclusive as to whether the location of the transmission line in Duda Corridor 1/1A would obstruct the approach zone glide path at the Treasure Coast Airpark airstrip. However, it appears that the location of the transmission line in Duda Corridor 1/1A would obstruct the approach zone glide path of the Treasure Coast Airpark unless Treasure Coast Airpark agreed to shorten its runway.
Even if the transmission line could be placed in Duda Corridor 1/1A without obstructing the Treasure Coast Airpark runway, short structures would have to be used. This requirement would result in more structures being used, imposing a relatively greater burden on the land. If located in this manner to accommodate the runway, the transmission line also would not conform to property lines.
Landscape Architecture and Visual Impacts
No evidence was offered as to whether the Levee-Midway Transmission Line would be compatible with the landscape if it were located in Duda Corridor 1/1A.
Visual impacts in the Hidden Acres subdivision in Duda Corridor 1 would be buffered by existing cover of pine trees
IMPACTS ON THE ENVIRONMENT OF DUDA CORRIDOR 1/1A
Water Resources Impact
No evidence was presented regarding the impact to water resources that the Levee-Midway Transmission Line would have if located within the Duda 1/1A Corridors.
Vegetation Impacts
In the northern portion of the Duda Corridor 1/1A are a number of isolated wetlands. Most of these areas are small enough to span or work around. The southern portion of Duda Corridor 1/1A is covered by a large mixed hardwood forest. Generally, an area 2,000 feet by 200 feet would need to be cleared through this forest to construct the transmission line.
Wildlife Impacts
The large mixed hardwood forest in Duda Corridor 1/1A provides good wildlife habitat. Approximately 2,000 feet by 200 feet, or 400,000 square feet of this habitat would have to be altered to construct the transmission line in the Duda 1/1A Corridor.
Additionally, Duda Corridor 1/1A contains some habitat suitable for red-cockaded woodpecker colonies.
DUDA CORRIDOR 2/2A FROM MIDWAY SUBSTATION TO CORBETT SUBSTATION
DESCRIPTION OF DUDA CORRIDOR 2/2A
Land Uses
Duda Corridor 2 diverges from Duda Corridor 1 at the point where the latter turns south at the Header Canal. Duda Corridor 2 proceeds west for one mile, then turns south. In the northwest corner near State Road 70 are two residences. Land uses are improved pasture and undeveloped land.
After the corridor turns south, it proceeds to the Glades Cutoff Road. Land uses are agriculture, primarily citrus, and undeveloped land.
Almost two miles south of the turn, the Aero Acres subdivision is located partially in Duda Corridor 2. One home is under construction there. More than half the 68 home sites have been sold.
On the south side of Glades Cutoff Road, Duda Corridor 2A crosses the existing 500 kV transmission line. The corridor proceeds south to the county line. Land uses are agriculture, such as citrus, with some undeveloped land.
In Martin County, Duda Corridor 2A crosses undeveloped wetlands or pine flatlands.
Where Fox Brown Road enters the corridor from the west, forming the centerline of Duda Corridor 2A, the corridor includes a dozen residences in the Powell Thaxton subdivision. It also includes a greyhound kennel.
Duda Corridor 2A proceeds south for about four miles through improved pasture and other open lands with Fox Brown Road serving as its centerline. The corridor includes two or three residences and crosses a tree nursery.
Before intersecting with State Road 710, Duda Corridor 2A crosses the Indiantown Farms subdivision. Ten residences are located within the corridor in this subdivision.
South of State Road 710, Duda Corridor 2A readjoins the TCRPC Corridor. At this point, Duda Corridor 2A includes a flour mill on the west side of the corridor and a citrus processing plant on the east side.
Duda Corridor 2/2A is 2,000 feet wide from the point where it diverges from Duda Corridor 1 west of Midway Substation to the point where it rejoins the TCRPC Corridor south of State Road 710. It is 2,000 feet wide where it intersects the existing 500 kV transmission line south of Glades Cutoff Road. Duda Corridor 2/2A is 61.9 miles if TCRPC Alternate 1 is followed and 60.4 miles if TCRPC Alternate 2 is followed.
Unique Uses or Restricted Areas - Airports
Aero Acres includes a 2,800-foot runway in an east/west alignment. The runway extends from the western edge of Duda Corridor 2 to the centerline of that corridor. This configuration leaves 1,000 feet between the end of the runway and the eastern edge of the corridor. This airport is in the process of being licensed by DOT.
South of Aero Acres, Florida Aggregate has a 2,000-foot runway in an east/west alignment. This runway intrudes 650 feet into the corridor from the western edge of that corridor. This configuration leaves 1,350 feet from the end of the runway to the eastern edge of the corridor. This airport is in the process of being licensed by DOT.
South of the Florida Aggregate airstrip is the Cox's Hammock airport. This facility is a 1,800-foot runway in a north/south alignment. It is located parallel to, and outside of, the corridor about 500 feet west of the corridor's western boundary
Water Resource
Little evidence was presented regarding the water resources within the Duda 2/2A Corridor. There are isolated wetlands in the corridor.
Vegetation
Duda Corridor 2/2A crosses agricultural land, improved pasture, isolated freshwater marsh, and mixed forested wetlands.
Wildlife
The wildlife habitat crossed by Duda Corridor 2/2A is similar to that found in Duda 1/1A Corridor. There is a pine association in the southern portion of the corridor which may be suitable for red-cockaded woodpeckers.
IMPACTS ON THE PUBLIC OF DUDA CORRIDOR 2/2A
Land Use Impacts
Although Duda Corridor 2/2A lies primarily in agricultural and undeveloped land that would be compatible with a transmission line, it also includes portions of the Aero Acres, Powell Thaxton, and Indiantown Farms subdivisions.
The presence of subdivisions in a corridor results in a greater number of property owners in that corridor. The greater the number of property owners in a transmission line corridor, the more engineering constraints must be overcome in designing the line.
Impacts on Unique Uses or Restricted Areas - Airports
Using structures with a height of 73 feet, the location of the Levee- Midway Transmission Line in Duda Corridor 2/2A would obstruct the approach zone glide path required for licensure of the Aero Acres runway. Even if the structure could be located so its highest point were on the corridor edge, the structure could be no more than 50 feet high without intruding into the glide path. Location of the Levee-Midway Transmission Line in Duda Corridor 2/2A would force closure of the runway serving Aero Acres. Closure of the runway would eliminate a principal amenity of this subdivision.
Using structures with a height of 73 feet, the location of the Levee- Midway Transmission Line in Duda Corridor 2/2A would obstruct the approach zone glide path required for licensure of the Florida Aggregate airport. Even if the structure could be located so that its highest point were on the corridor edge, the structure could be no more than 67.5 feet high without intruding into the glide path.
Because the transmission line would obstruct the required approach zone glide path of the airports at Aero Acres and Florida Aggregate, construction of the Levee-Midway Transmission Line in Duda Corridor 2/2A would result in those airports failing to meet minimum standards for licensure. These obstructions of existing airports make Duda Corridor 2/2A an inappropriate location for the Levee-Midway Transmission Line.
The runway at Aero Acres could be shortened by 1,000 feet and still meet the minimum length required for licensure. The runway at Florida Aggregate could be shortened by 200 feet and still meet the minimum length required for licensure. No evidence was offered as to whether shortening those runways would interfere with future airport plans or be allowed by their owners.
Location of the Levee-Midway Transmission Line in Duda Corridor 2/2A would not obstruct the approach zone glide path for the Cox's Hammock airport. However, a minimum 1,000 feet lateral distance should be allowed to separate a transmission line from an airport. A transmission line located on the western edge of the corridor would intrude into this area.
Landscape Architecture and Visual Impacts
No evidence was offered as to whether the Levee-Midway Transmission Line would be compatible with the landscape if it were located in Duda Corridor 2/2A.
IMPACTS ON THE ENVIRONMENT OF DUDA CORRIDOR 2/2A
Water Resources Impacts
No evidence was presented regarding the impact to water resources the Levee-Midway Transmission Line would have if located within the Duda 2/2A Corridor.
Vegetation Impacts
Most wetlands within Duda Corridor 2/2A are small isolated wetlands surrounded by improved pasture or agriculture. Most of these wetlands could be avoided or spanned.
Wildlife Impact
There is potential habitat for red-cockaded woodpeckers in Duda Corridor 2/2A
CONSISTENCY WITH LOCAL GOVERNMENT COMPREHENSIVE PLANS CONSISTENCY OF THE TCRPC CORRIDOR WITH LOCAL PLANS St. Lucie County
Under the 1981 St. Lucie County Growth Management Policy Plan, the TCRPC Corridor includes lands designated on the land use plan as "Interchange- oriented Development," "Heavy Industrial Development," "Semi-Urban," and "Agricultural Productive." The plan does not indicate which land uses are permitted or prohibited within these classifications.
The Electric Utility Policy of the 1981 St. Lucie County Growth Management Policy Plan provides that, in all planning areas of the county, "the maximum amount of flexibility possible consistent with sound planning shall be maintained in locating future generating facilities, substations, and transmission line corridors."
Martin County
Under the 1982 Martin County Comprehensive Plan, the TCRPC Corridor crosses lands designated "Agricultural," "Rural Density Residential," "Rural Ranchette," and "Industrial" on the future land use map. The plan expressly permits transmission lines in all land use classifications.
Palm Beach County
From the county line to Corbett Substation, TCRPC Corridor 1 and TCRPC Corridor 2 are located solely upon lands designated as "Agricultural Production" under the 1989 Palm Beach County Comprehensive Plan. Utility uses, including electrical transmission facilities, towers, and substations, are expressly permitted within all land use designations in Palm Beach County.
CONSISTENCY OF THE SFWMD CORRIDOR WITH LOCAL PLANS
Palm Beach County
From Corbett Substation south, the SFWMD Corridor is located on lands designated "Agricultural Production" or "Conservation" under the 1989 Palm Beach County Comprehensive Plan. Utility uses, including electrical transmission facilities, towers, and substations, are allowed within all land use categories in Palm Beach County.
Broward County
Within Broward County, except for the Conservation Substation site, the SFWMD Corridor is located solely within areas designated "Conservation" under the land use element of the 1989 Broward County Comprehensive Plan. Those areas carry the subdesignation of Reserve Water Supply Areas.
Utility uses are not expressly included or excluded as permitted uses in Reserve Water Supply Areas with the "Conservation" designation. However, in those areas the plan allows all uses which do not impair the environment or disturb the ecosystem and which are not in conflict with water management and wildlife protection policies. The location of existing 500 kV transmission lines in those water conservation areas has not had any detrimental effects on those areas. The SFWMD and GFWFC support location of the Levee-Midway Transmission Line in the SFWMD Corridor.
Policy 08.05.02 of the 1989 Broward County Comprehensive Plan permits utility uses on lands having certain other land use designations if utility uses in the particular circumstance are necessary to achieve Objective 08.05. That objective includes ensuring the availability of utility service to Broward County.
Dade County
In Dade County, the SFWMD Corridor is located on lands designated "Environmental Protection Subarea A" in the 1988 Comprehensive Development Master Plan of Metropolitan Dade County. The plan recognizes that land uses within the portion of that subarea located within WCA No. 3A are governed by the SFWMD. It also provides that Metropolitan Dade County will support uses within that area when such uses are supported by the SFWMD.
Another portion of the SFWMD Corridor is located in Dade County on lands designated "Environmental Protection Subarea B," also known as the Dade- Broward Levee Basin. The plan provides that land uses within that area will be evaluated on a case-by-case basis. Allowed land uses include "public facilities." "Public facilities" expressly include "electrical sub-stations and transmission facilities."
The SFWMD Corridor also crosses lands designated "Open Lands Subarea 1," also known as the Biscayne Canal Basin. "Utility facilities" are an expressly permitted use in this area.
Approaching Levee Substation, the SFWMD Corridor is located on lands designated "Open Lands Subarea 2." This area is also designated as the Northwest Wellfield Protection Area.
The plan does not expressly permit nonresidential uses, such as "public facilities" or "utility facilities," in open lands subareas. However, any nonresidential land use may be considered on a case-by-case basis. Such uses include any "unusual uses" approved pursuant to Section 33-13(e), Dade County Code, and consistent with the Comprehensive Development Master Plan.
"Unusual uses" under Section 33-13(e), Dade County Code, include "utility facilities." The plan specifies certain policies which must be met by land uses in the Northwest Wellfield Protection Area. FPL and Metropolitan Dade County have entered into a Stipulation under which FPL will take certain actions, in conformance with plan requirements, on lands within the Northwest Well field Protection Area.
THE SITE FOR CONSERVATION SUBSTATION SYSTEM PLANNING AND ENGINEERING
System Planning
Conservation Substation is a transmission substation designed to take bulk power transferred on the statewide 500 kV transmission line system and transform that power down to regional 230 kV and lower voltage transmission lines.
The location for Conservation Substation is in Broward County on a triangular tract north of Commercial Boulevard, west of the Sawgrass Expressway, and east of WCA No. 2B. FPL originally proposed a larger site, but subsequently agreed to narrow the site to the area described here.
The location of the Conservation Substation was based on three criteria: the reliable injection of power to the load center, the proximity to that load center, and the proximity to existing transmission facilities. The Conservation Substation site meets these criteria. The location of Conservation Substation will back up the Andytown Substation and provide the injection of bulk power to the load center located near the Broward Substation. The location of Conservation Substation is reasonably near the load center for this area. Finally, the location for Conservation Substation is adjacent to two 230 kV transmission lines and in the immediate vicinity of two other 230 kV transmission lines that will connect to the substation.
Engineering
The location of Conservation Substation had to meet six engineering criteria:
Ingress and egress for the Levee-Midway 500 kV Transmission Line;
Sufficient acreage for the substation;
Minimize 230 kV connection cost;
Adequate heavy hauling access;
Minimize environmental impact;
Adequate land use.
The site has suitable ingress and egress. The transmission line in the SFWMD Corridor will bring the transmission line to Conservation Substation.
Sufficient acreage is available for the substation. The substation will require 25 acres. The site has 35 acres.
The site will minimize 230 kV transmission line connection costs. The existing 230 kV transmission lines that will have to be connected to the Conservation Substation either cross or are in the vicinity of the site.
Adequate heavy hauling access for substation transformers is available. An identified route has been selected that is adequate for the heavy hauling of the transformers from the railhead.
The site minimizes environmental impacts. The site for Conservation Substation has little or no native vegetation and provides minimal habitat for wildlife.
Finally, the site has the appropriate land use designation. The Broward County Land Use Plan Map designates the location for Conservation Substation as "Utilities."
DESCRIPTION OF THE SITE FOR CONSERVATION SUBSTATION
Land Uses
FPL has proposed that Conservation Substation be located on a triangular parcel of undeveloped land in the City of Tamarac bounded by the Sawgrass Expressway on the east, Commercial Boulevard on the south, and the L-36 Canal levee on the west.
On the western edge of the site are existing 230 kV transmission lines. Beyond those lines to the west is WCA No. 2B.
East of the site is the Sawgrass Expressway, a major transportation facility. East of the expressway is a light industrial area.
Vegetation
The vegetation at the site is composed primarily of exotic species such as Brazilian pepper and Australian pine. There are few, if any, native species in this area.
Wildlife
The substation site is a highly disturbed habitat. It is not located in a wetland area and does not have any known nesting areas for wildlife.
IMPACTS ON THE PUBLIC OF THE SITE FOR CONSERVATION SUBSTATION
Land Use Impacts
The site for Conservation Substation in the City of Tamarac is ideally situated for a facility of this nature. It is bounded on the east by the Sawgrass Expressway and on the west by existing 230 kV transmission lines, a canal, and WCA No. 2B. These land uses are compatible with use of this site for an electric transmission substation.
Landscape Architecture and Visual Impacts
The site would minimize any visual impacts of this facility. The substation would be isolated from the City of Tamarac and other nearby areas which are under development. The Sawgrass Expressway provides a horizontal buffer between the substation and the industrial area east of the expressway. Because of the expressway's width, this buffer would be 450 feet wide.
Moreover, the fact that the expressway is elevated to accommodate the Commercial Boulevard interchange further buffers surrounding areas.
Consistency with Local Comprehensive Plans
Although the site for Conservation Substation is located in the City of Tamarac, the City of Tamarac has acknowledged that the legally effective land use plan for the site is the 1989 Broward County Comprehensive Plan.
Under the 1989 Broward County Comprehensive Plan, the land use designation for the site is "Utilities." Electric transmission substations are an expressly permitted use within areas having this designation.
IMPACTS ON - THE ENVIRONMENT OF THE SITE FOR CONSERVATION SUBSTATION
Vegetation Impacts
The vegetation at the Conservation Substation site is primarily exotic species such as Brazilian pepper and Australian pine. Construction of the substation in this area will have little, if any; impact on native vegetative species.
Wildlife Impacts
Little, if any, impact to wildlife will occur from the construction of a substation at the site. The habitat is not suitable for wading birds or other aquatic species. Due to the adjacent improvements in the area, the suitability of this habitat will not improve.
COSTS FOR THE LEVEE-MIDWAY TRANSMISSION LINE
Costs for construction of the Levee-Midway Transmission Line were calculated for the location of the line in the TCRPC Corridor and the SFWMD Corridor. The components of the costs for construction are ROW acquisition costs and construction costs including ROW preparation. Construction costs were based on historical costs for construction of access roads, structure pads, structures, and conductors. These historical costs were updated to 1988 dollars. Costs for acquiring ROW were based on current sales data for land
located within and around the corridors. The data were organized as to the different land uses represented by the sales and then applied to the corridor segments based upon current land uses. Corridor segments with more than one land value were averaged to come up with a per-acre cost within that corridor segment. The per-acre estimates for land were then multiplied by a high and low percentage to account for additional costs that would be required for administrative costs and costs in eminent domain. The additional cost ranged from 15% to 85% over the estimated per-acre cost for land.
The total cost for location of the Levee-Midway Transmission Line within TCRPC Corridor 1 ranges between $38,957,282 to $44,282,266, or $651,460 to $740,506 per mile. Within TCRPC Corridor 2, the total cost for the transmission line ranges between $39,822,395 to $45,200,996, or $649,631 to
$737,374 per mile.
The total cost for location of the Levee-Midway Transmission Line within the SFWMD Corridor from Corbett Substation to Conservation Substation ranges between $35,750,965 to $37,729,856, or $629,418 to $664,258 per mile. From the Conservation Substation to the Levee Substation, the cost ranges from
$27,946,390 to $30,409,947, or $746,655 to $833,149 per mile.
Testimony was presented that the cost for acquiring land for the ROW within the Duda 1/1A Corridor would be $4,500,000 and $3,900,000 within the Duda 2/2A Corridor. The cost for acquiring ROW within a comparable portion of the TCRPC Corridor would be an estimated $4,700,000. No evidence was presented regarding the cost of constructing the transmission line within the Duda 1/1A or Duda 2/2A Corridors.
ELECTRIC AND MAGNETIC FIELDS Compliance -With EMF Rule
Electric and magnetic fields (EMF) are produced by transmission lines. Chapter 17-274, Florida Administrative Code (EMF Rule), sets limits for EMF from transmission lines. Under this rule, EMF must be calculated using the minimum conductor height, maximum current, and maximum voltage. The limit for an electric field under the rule is 2 kV per meter at the edge of the ROW and 10 kV per meter within the ROW. The limit for a magnetic field is 200 milligauss (mG) at the edge of the ROW.
For the majority of the Levee-Midway Transmission Line, where it is located by itself within a 200-foot ROW, the electric field will be 1.85 kV per meter at the edge of the ROW and 9.1 kV per meter within the ROW. The magnetic field in this alignment will be 178 mG. This alignment will comply with the EMF Rule.
In a portion of the SFWMD Corridor, the Levee-Midway Transmission Line will contain two parallel circuits, one going into and one going out of Conservation Substation. The ROW within this portion of the SFWMD Corridor is
355 feet wide. The electric field at the edge of the ROW will be 1.67 kV per meter and 9.1 kV per meter within the ROW. The magnetic field will be 136 mG. EMF in this alignment will comply with the EMF Rule.
In several areas of the TCRPC Corridor and the SFWMD Corridor, the Levee-Midway Transmission Line will cross existing transmission lines. In these areas the ROW will be wider than 200 feet. Calculating for the combined effects of two transmission lines crossing each other, the electric field will be less
than 2 kV per meter at the edge of the ROW and less than 10 kV per meter within the ROW. The magnetic field will be less than 200 mG at the edges of the ROW.
Lightning
Transmission lines, such as the Levee-Midway Transmission Line, are designed with overhead ground wires that are designed to intercept lightning before it hits a conductor. When lightning strikes the ground wire, it is safely conducted to the ground and dissipated.
Noise
Under normal conditions, transmission lines such as the Levee-Midway Transmission Line will not produce noise. Transmission lines may generate noise when foreign matter accumulates on the conductors. In Florida, noise from transmission lines occurs mostly when rain drops accumulate on the conductors. Audible noise produced by the Levee-Midway Transmission Line during rain will be slightly less than 46 decibels using an A-weighted measurement (dBA). This level of noise will be below the applicable noise standards of the local governments.
Radio and Television Interference
Frequency modulated (FM) radio transmissions are immune to interference by transmission lines. FM radio transmission is used in FM radios, public safety radios, and most other radio communication.
Amplitude modulated (AM) radio transmissions, such as found in AM radios and the video portion of television, may experience some interference from transmission lines. During foul weather, where the point of AM radio or television reception is near the edge of the ROW, the transmission line may cause interference to marginal AM radio transmission and marginal television video transmission on channels two through six.
Pursuant to the conditions of certification set forth in Appendix C, and as required by the Federal Communications Commission, FPL will investigate and correct any interference to radio or television caused by the Levee-Midway Transmission Line.
The Levee-Midway Transmission Line will not cause interference to telephone service or cable television reception.
NONPROCEDURAL REQUIREMENTS OF AGENCIES Conditions of Certification Agreed to by FPL
FPL has expressly accepted all conditions of certification in Appendix C for any corridor certified in this proceeding, in order that construction of a transmission line in the corridor will comply with nonprocedural requirements of state, regional, and local agencies.
Four conditions in Appendix C were stricken because they were contingent upon certification of corridors eliminated from consideration in this proceeding. The four stricken conditions are: Specific condition I.A.3.2., "Indiantown Airport"; specific condition I.B.4., "Wildlife Refugee Conservation Areas"; specific condition I.C.2.2., "Palm Beach County Sites"; and specific condition II.A.3.2., "Corbett WMA Gates."
Except for the conditions identified in Paragraph 279, the conditions in Appendix C were presented to the parties to this proceeding during the certification hearing and, except for the conditions identified in Paragraphs 281-82, were not objected to by any party.
General conditions 13 and 14 were objected to by the TCRPC. However, the TCRPC presented no evidence in opposition to these conditions. TCRPC presented its legal arguments against these conditions in it Objections filed in lieu of a proposed recommended order.
Nine specific conditions were objected to by the FSCL. Those conditions are: Specific condition I.C.1.1., "Endangered Species Survey and Consultation"; specific condition II.A.1., "Clearing Practices, Forested Wetlands"; specific condition II.A.4., "Mitigation, Wetlands Impacts"; specific condition II.B.1.1., "Information to be Submitted to DER, Dredge and Fill"; specific condition II.C.1.2., "Water Flow Impacts"; specific condition II.D., "Native Vegetation"; specific condition II.E.1.1., "Ecological Values, Minimize Impacts"; specific condition II.F.1.1., "Drainage and Sheetflow, Drainage Patterns and Sheetflow"; and specific condition II.F.1.2., "Offsite Impacts."
Mr. Dennis, FSCL's witness, testified that the conditions of certification were "very good" to the extent they would require FPL to minimize environmental impacts where feasible or practicable.
Mr. Dennis also testified that the conditions of certification would require FPL to submit detailed plans to DER and SFWMD prior to construction in wetlands to ensure that the Levee-Midway Transmission Line will comply with substantive permitting requirements of those agencies.
The specific conditions I.C.1.1., II.A.1., II.A.4., II.D., and
II.F.1.1. accomplish the purposes of the conditions recommended by the TCRPC and were consistent with the TCRPC regional policy plan.
The agencies having regulatory responsibility for impacts to wetland areas require, as a part of the regulatory review process, that the applicant provide mitigation for adverse impacts to those jurisdictional wetland areas. Both DER and the South Florida Water Management District require mitigation.
DER usually requires that mitigation be provided on a minimum of one acre of mitigation for one acre of impact basis. The ratios of mitigation to acres impacted generally begin at two-to-one, but the ratios may be increased or decreased depending upon the circumstances. It is necessary to quantify the impacts in order to determine the amount of mitigation that will be required. DER mitigation normally takes place in proximity to the area impacted.
DER normally discourages the use of cash payments as a form of mitigation. The reason this is discouraged is that the agency is interested in having the mitigation provided, and does not normally consider the cost of the mitigation. The agency does not wish to perform mitigation itself, but rather requires that the applicant propose a mitigation plan.
No mitigation proposals for impacts to DER jurisdictional wetlands have been presented by FPL or evaluated by DER for the proposed corridor. Mitigation requirements will be determined after a corridor is certified and a right-of-way selected.
The South Florida Water Management District also has a mitigation policy. It is not usual for the Water Management District to accept cash payments as mitigation.
FPL expressly accepted all conditions of certification contained in Appendix C. The conditions in Appendix C are reasonable and should be adopted.
The conditions to which FSCL objected are reasonable and adequately address the nonprocedural requirements to which each specific condition relates.
Supplemental Conditions Agreed to by FPL and SFWMD
FPL has accepted as conditions of certification of the SFWMD Corridor the conditions on liability and other provisions relating to use of SFWMD lands for the Levee-Midway Transmission Line and contained in Appendix D. These conditions are reasonable and should be adopted.
FPL also has agreed to conditions of certification, included as Appendix E, under which the company will deposit $28 million over three years into an escrow account to finance certain projects directly related to water quality and water quantity management and enhancement of the SFWMD water conservation areas. These conditions are reasonable and should be adopted.
The essential feature of the original SFWMD mitigation proposal was that $28 million be deposited by FPL into an account to be used to benefit the water conservation areas by paying for projects to manage the water quality and water quantity inflows into those areas.
The $28 million provided by FPL under this condition will finance projects which will, in part, constitute the mitigation required by SFWMD for any impacts to isolated wetlands associated with the project in the SFWMD Corridor between the Corbett and Levee substations. A mitigation plan which directly enhances wetlands, water quantity, and water quality is a proper mitigation plan if it offsets project impacts.
SFWMD proposes in part to use the $28 million as a funding source for the Everglades Surface Water Improvement and Management (SWIM) Plan. The SWIM Plan is intended to address regional water resource impacts through regional mitigation. It encompasses water quality, water quantity, and environmental enhancement objectives. By establishing nutrient management areas throughout the subject region, impacts to wetland vegetation and the hydroperiod will be minimized. Availability of the $28 million as a funding source for the SWIM plan was a principal reason for SFWMD's development and proposal of its alternate corridor. SFWMD will use it to remedy specific on-site and off-site impacts resulting from the transmission line.
DER rules provide that mitigation undertaken on a project to satisfy requirements of another agency, including SFWMD, may be credited against any mitigation required by DER for dredge-and-fill impacts to waters of the state caused by the same project. In transmission line siting cases, DER practice is to wait until a ROW has been selected in the certified corridor before determining wetland impacts of the project. Until wetland impacts are determined, DER does not know how much, if any, mitigation may be required.
Executive Order 88-25, issued by Governor Martinez on January 21, 1988, requests that SFWMD, and provides that DER, allow development on public
lands in the SFWMD water conservation areas only if it enhances and manages the water supply, flood control, and natural resource protection and restoration of the Everglades region.
The enhancement activities to be undertaken with the $28-million mitigation fund will more than offset any negative impacts of the project caused by dredging and filling in the water conservation areas. According to DER and SFWMD officials, these enhancement activities will have a net positive benefit to the Everglades region.
The removal of exotic plant species from the transmission line right- of-way during construction and maintenance will be an additional benefit for the water conservation areas and the Everglades.
FPL previously accepted a condition of certification under which it will pay for melaleuca research and/or eradication in the water conservation areas, for a total cost of $1.5 million over three years. These activities will be undertaken in conjunction with SFWMD. This supplemental activity for melaleuca removal will be an additional positive benefit for the water conservation areas and the Everglades due to the Levee-Midway Transmission Line.
Conditions Proposed by SFWMD but Opposed by FPL
SFWMD proposed three conditions of certification which FPL did not accept.
The first of these proposed conditions is one which would allow SFWMD to review and approve site-specific clearing practices, both for construction and maintenance clearing.
Certain vegetative clearing practices would limit or minimize adverse impacts to the region's ecosystem and to the water conservation areas. It is reasonable for SFWMD to review site-specific clearing practices in the corridor. It is not unusual for SFWMD to require such a review as a condition to permitting of activities in areas within its jurisdiction.
A condition of certification as set forth in Appendix K under the subheading "Clearing Practices and Location" is reasonable and should be adopted.
The second of these proposed conditions is one which would require a mutually agreeable timetable for construction within water conservation areas which minimizes impacts to endangered and threatened bird species during their nesting seasons.
SFWMD acknowledges that no bird rookeries are located within the proposed corridor, but maintains that migration and flyway paths used by such birds may cross into the corridors.
Portions of the impacted water conservation areas have been designated as critical habitat for threatened or endangered species.
The second proposed condition set forth in Appendix K under the subheading "Construction During the Nesting Season" is unnecessary. Specific conditions of certification were agreed to by FPL which will accomplish the purposes of this proposed condition. See, for example, II C 2. 6. and II E I.
of Appendix C.
The third of these conditions would require FPL to reimburse SFWMD for all its costs associated with evaluating the design of the transmission line and observing, monitoring, and inspecting the ROW siting and transmission line construction.
The proposed SFWMD condition is not routinely required of other applicants for right-of-way occupancy permits. No estimated cost was established for the post-certification review activities for which FPL would be required to reimburse SFWMD under this condition.
This proposed condition set forth in Appendix K under the subheading "Monitoring/Compliance Cost Reimbursement" is not reasonable and is in conflict with Section 403.523(13), Florida Statutes. It should not be adopted.
Conditions of Certification Proposed by GFWFC
The Brown's Farm Wildlife Management Area within the SFWMD Corridor is state lands and title to it is vested in the Board of Trustees of the Internal Improvement Trust Fund (Trustees). Since 1970, the area has been under lease to the GFWFC for the purposes of fish and wildlife management, land and water management, and protection.
The GFWFC's management goals and objectives for the Brown's Farm area are expressed in its Strategic Plan for the Brown's Farm Wildlife Management Area, which was first prepared in 1980 and is now pending approval of the Trustees. One goal is to restore the area to a sawgrass marsh community. The three main objectives under this goal are to restore the natural hydroperiod of the area, to restore native plants associated with a natural everglades hydroperiod, and to restore native animal communities.
The restoration goal would be accomplished by the construction of perimeter dikes and water control structures around the area in order to reflood it under a schedule developed in cooperation with the SFWMD.
The Trustees adopted in May 1988, and subsequently amended in August 1988, a written policy regarding the incompatible use of natural resource land. The definition of natural resource land includes wildlife management areas such as Brown's Farm. The policy defines "incompatible use" to mean any use of natural resource land which would jeopardize the integrity of the natural resources or diminish the primary utility of such lands relative to the purposes for which they were acquired.
The GFWFC wishes to have FPL's compliance with the "incompatible use" policy be a condition of certification.
Section 403.531(3), Florida Statutes, specifically provides that the applicant must seek any necessary easement or other interest in state land, the title of which is vested in the Trustees, from the Trustees before, during or after the certification proceeding. Certification may be contingent upon issuance of the appropriate interest by the Trustees.
General Condition 3 in Appendix C already contains a condition that FPL must seek the appropriate interest from the Trustees pursuant to Section 403.531(3).
The proposed condition urged by the GFWFC is not necessary or reasonable as part of this certification proceeding because the Trustees will have an opportunity to impose their own requirements when FPL seeks the right to use the state lands encompassed by the Brown's Farm Water Management Area.
Local Government Zoning
In St. Lucie County, the TCRPC Corridor crosses zoning districts designated "Agriculture," "Industrial, Extraction," "Industrial, Heavy," and "Utilities."
Under the St. Lucie County Zoning Ordinance, electric transmission line rights of way are a conditional use in "Agricultural" and "Industrial, Extraction" zoning districts. Utility uses other than power plants are a permitted use in "Industrial, Heavy" zoning districts. All utility uses are permitted in "Utilities" zoning districts.
In Martin County, the TCRPC Corridor crosses lands which, for zoning purposes, carry the same designations as the land use categories under the future land use map of the Martin County comprehensive plan.
Under the Martin County land development code, utilities are allowed as a conditional use for the "Agricultural," "Rural Density Residential," "Rural Ranchette," and "Industrial" classifications. Utility uses include electrical transmission facilities.
In Palm Beach County, the zoning district for the lands crossed by TCRPC Corridor 1 and TCRPC Corridor 2 is "Agricultural Residential." The SFWMD Corridor crosses lands zoned "Agricultural Residential" and "Neighborhood Commercial."
Under the Palm Beach County Zoning Code, public utility uses and structures are permitted by special exception in "Agricultural Residential" and "Neighborhood Commercial" zoning districts.
In Broward County, the SFWMD Corridor crosses lands zoned "A-1," which is the limited agriculture district, and "F-1," which is the flood control zoning district.
"Essential services" are exempt from regulation under the Broward County Zoning Ordinance and therefore may be located in all zoning districts in Broward County. "Essential services" expressly include the construction by public utilities of electrical transmission systems, such as poles, wires, and substations.
The future land use map of the 1989 Broward County Comprehensive Plan is the legally effective land use plan for the Conservation Substation site in the City of Tamarac. It supersedes any conflicting municipal ordinance regulating land use. The future land use map of the 1989 Broward County Comprehensive Plan designates the substation site "Utilities."
Under the 1989 Broward County Comprehensive Plan, electrical transmission substations are an express permitted use within areas designated "Utilities."
In Dade County, the SFWMD Corridor crosses lands zoned "GU," which is the interim district, and "AU," which is the agricultural district.
Under the Dade County Zoning Code, electrical transmission lines and substations are permissible uses by conditional permit in the "GU" zoning district. (Public utility facilities may be permitted in the "AU" zoning district as an unusual or new use.
Stipulations for Settlement Entered into by FPL
On November 30, 1989, FPL and Metropolitan Dade County entered into a Stipulation which contained conditions of certification in the event the SFWMD Corridor is certified. This stipulation is included as Appendix F. The conditions are contained in Exhibit C to the stipulation.
On December 4, 1989, FPL and Rinker Materials Corporation entered into a Stipulation for Settlement and Notice of Voluntary Dismissal with Prejudice which contained conditions of certification in the event the portion of the SFWMD Corridor located in Dade County is certified. This stipulation is included as Appendix G. The conditions are contained in Paragraph 1 of the stipulation.
On December 5, 1989, FPL and Via Tropical Fruits, Inc., Ronnie Hattaway, Ralph C. Nash and Mikatum Groves, Talquin Corporation, Beach Brooks as Trustee and Individually, and VBQ, Inc., entered into a Stipulation for Settlement which contained conditions of certification in the event a specified segment of the TCRPC Corridor is certified. This stipulation is included as Appendix H. The original stipulation included a large quadrangle map which is not included in Appendix H except in the original Recommended Order. The conditions are contained in Paragraphs 1 a.-j. through 3 of the stipulation.
On December 5, 1989, FPL and The Coca-Cola Company entered into a Stipulation for Settlement which contained conditions of certification in the event the TCRPC Corridor is certified. This stipulation is included as Appendix
I. The conditions are contained in Paragraphs 1-4 of the stipulation.
No party to this proceeding objected to the conditions of certification contained in the stipulations identified in Paragraphs 334-37. FPL expressly accepted the conditions in these stipulations. The conditions contained in each of these stipulations are reasonable and should be adopted since there has been no objection to them.
In addition, on October 27, 1989, FPL and sixteen parties in Broward County entered into a Stipulation relating to their joint support for the SFWMD Corridor. That stipulation is included in Appendix J. The stipulation was not entered into evidence at the certification hearing, but had previously been made a part of the record in this case. The conditions of certification agreed to in the Stipulation were admitted into evidence as part of FPL Exhibit 59, which is included here as Appendix C. The conditions are reasonable and should be adopted.
CONCLUSIONS OF LAW
This certification proceeding was held pursuant to the Transmission Line Siting Act, Sections 403.52-.539, Florida Statutes (1987), and Chapter 17-
17, Florida Administrative Code. The purpose and intent of this permitting process is:
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 impact on the public and the environment resulting from the location of the transmission line corridor and the construction and maintenance of the transmission lines.
403.521, Fla. Stat. (1987)(emphasis added).
In order to accomplish this purpose and intent, the Legislature has set forth specific requirements regarding reports and studies from various agencies, notice of the application and certification proceeding, the offering of alternate corridor routes for consideration, and the criteria to be considered in determining whether an application should be approved in whole, approved with modifications or conditions, or denied. The evidence in the record of this proceeding demonstrates compliance with the procedural requirements of the Transmission Line Siting Act and all notice requirements.
PROCEDURAL MATTERS
Corridors That Remain Certifiable
Section 403.527(5), Florida Statutes, provides the procedure for a party, other than the applicant, to propose alternate transmission line corridors for consideration at the certification hearing. Fifty alternate corridors were proposed by 12 parties. (Several parties proposed multiple alternate corridors) Thirty alternate corridors were accepted by FPL and DER pursuant to Section 403.527(5), Florida Statutes. However, evidence was presented on only five alternate corridors. Between the Midway and Corbett substations, FPL presented evidence in support of the TCRPC Corridors 1 and 2 (including that portion of the FPL Primary Corridor that connects the TCRPC Corridor to the Midway Substation), and Duda and Allapattah presented evidence on the Duda Corridors 1/1A and 2/2A. Between the Corbett, Conservation, and Levee substations, FPL presented evidence on the SFWMD Corridor. All five of these corridors were timely filed and are proper for consideration by the Governor and Cabinet sitting as the Sitting Board.
For failure of any party to present evidence in support of these alternate corridors, a partial Summary Recommended Order was entered during the course of the certification hearing recommending denial of all alternate corridors other than the TCRPC Corridors, the SFWMD Corridor, Duda Corridors 1/1A and 2/2A, and the Rinker Primary Corridor. Through a stipulation between FPL and Rinker Materials Corporation, which was stipulated to by all parties, no evidence in support of the Rinker Primary Corridor was offered. The Rinker Primary Corridor should also be rejected for the reasons that underlie the partial Summary Recommended Order.
Therefore, corridors other than the TCRPC, Duda 1/1A and 2/2A, and SFWMD Corridors, which were proposed but not supported by evidence at the certification hearing, lack the substantial competent evidence necessary to be
found in compliance with the criteria set forth in Section 403.529(3), Florida Statutes. Those corridors are not certifiable and the partial Summary Recommended Order dismissing them is ratified.
Standing
All parties who made an appearance have standing to participate as parties in this proceeding. These parties are listed in Appendix A. The parties who did not make an appearance, namely the Indian Trail Water Control District; the North St. Lucie River Water Control District; Robert E. Ferris, Trustee; Vecellio & Grogan, Inc.; the Graham Companies, Inc.; Black Island Partnership; D.L. Scotto & Co., Inc.; and the Indian River Citrus League, should be dismissed.
CRITERIA TO EVALUATE CORRIDORS THAT REMAIN CERTIFIABLE
In order to make a determination as to which corridor should be certified, it must be determined whether, and the extent to which, the location of the corridor and the construction and maintenance of the transmission line in the corridor will:
Ensure electric power system reliability and integrity;
Meet the electrical energy needs of the state in an orderly and timely fashion;
Comply with nonprocedural requirements of agencies;
Be consistent with applicable local government comprehensive plans; and
Effect a reasonable balance between the need for the transmission line as a means of providing abundant, low cost electrical energy and the impact upon the public and the environment resulting from the location of the transmission line corridor, and maintenance of the transmission lines.
403.529(3), Fla. Stat. (1987).
Section 403.529(4)(a), Florida Statutes, provides:
Any transmission line corridor certified
by the board shall meet the criteria of this section. When more than one transmission line corridor is proper for certification pursuant to s. 403.522(9) and meets the criteria of this section, the board shall certify the transmission line corridor that has the least adverse impact regarding the criteria in subsection (3), including costs.
Finally, Section 403.529(4)(c), Florida Statutes, provides:
If the board finds that two or more of
the corridors that comply with the provisions of subsection (3) have the least adverse impacts regarding the criteria in subsection
(3) including costs, and that such corridors are substantially equal in adverse impacts regarding the criteria in subsection (3), including costs, then the board shall certify the corridor preferred by the applicant if the corridor is one proper for certification pursuant to s. 403.522(9).
Compliance With Section 403.529(3)(a), Florida Statutes
The need for a 500 kV transmission line between the Midway and Levee substations, as a means of providing abundant low-cost electrical energy, was established by the PSC in Order No. 19730, issued May 25, 1988. That determination of need is final, not subject to collateral attack, and binding upon all parties. 403.537(1)(c), Fla. Stat. (1987).
Pursuant to the need determination order, a proposed corridor for the Levee-Midway Transmission Line must have the Midway and Levee substations as terminal points and must connect to the Corbett Substaion and Conservation Substation. The TCRPC Corridors 1 and 2, Duda Corridors 1/1A and 2/2A, and SFWMD Corridor meet this requirement.
The reliability and integrity of the Levee-Midway Transmission Line is also dependent upon sufficient separation from the existing 500 kV transmission lines in order to prevent a multiple outage of the Levee-Midway Transmission Line and existing 500 kV transmission lines from a single catastrophic event such as fire, plane crash, tornado, or vandalism. A one-mile separation or a substantial firebreak is required to prevent a multiple outage of transmission lines due to fire. A quarter-mile separation is required to prevent a multiple outage due to a plane crash, tornado, or vandalism. Between the Midway and Corbett substations, the TCRPC and Duda Corridors I/IA and 2/2A will provide sufficient separation between the Levee-Midway Transmission Line and the existing 500 kV transmission lines. Between the Corbett, Conservation, and Levee substations, the SFWMD Corridor will provide sufficient separation or, in the case of fire, a substantial firebreak between the Levee-Midway Transmission Line and the existing 500 kV transmission lines.
The location, construction, and maintenance of the Levee-Midway Transmission Line in the TCRPC Corridor or Duda Corridors 1/1A and 2/2A between the Midway and Corbett substations and the location, construction and maintenance of the Levee-Midway Transmission Line in the SFWMD Corridor between the Corbett, Conservation, and Levee substations will insure electric system reliability and integrity. The construction and maintenance of the transmission line will comply with all federal and state design and construction standards applicable to transmission lines and will comply with good engineering standards.
Compliance With Section 403.529(3)(b), Florida Statutes
The seven phases of construction required to construct the Levee- Midway Transmission Line and the estimated 24 to 36 months required for the construction of the transmission line will meet the electrical needs of the state in an orderly and timely fashion. The estimated time of construction will allow the Levee-Midway Transmission Line to become operational within the time frames established in the need determination order.
Compliance With Section 403.529(3)(c) Florida Statutes
The location, construction, and maintenance of the Levee-Midway Transmission Line in the TCRPC and SFWMD Corridor will comply with the nonprocedural requirements of state, regional, and local agencies if done in accordance with the conditions of certification set forth in Appendices C, D, E, F, G, H, and I. Although some of these conditions of certification were objected to by parties during the course of the certification hearing, the evidence presented supports the imposition of these conditions of certification, and FPL has accepted them as limitations on any certification of the Levee- Midway Transmission Line. In view of these facts, the conditions of certification set forth in Appendices C-I, as modified in Finding of Fact 279, are reasonable and appropriate and should be applicable to the Levee-Midway Transmission Line. Further SFWMD proposed three conditions of certification which FPL opposed. One was found to be reasonable. (See Findings of Fact 303- 313). The condition of certification entitled "Clearing Practices and Location" in Appendix K should be adopted and made applicable to the Levee-Midway Transmission Line.
The conditions of certification in Appendix E, which require FPL to deposit $28 million into escrow to finance certain SFWMD projects in the water conservation areas, are appropriate for the certification of the Levee-Midway Transmission Line. This fund will finance enhancement projects which will meet the criteria of Executive Order 88-25, and will be appropriate for mitigation of dredge-and-fill activities associated with construction of the Levee-Midway Transmission Line in the SFWMD Corridor.
No party presented competent substantial evidence of any nonprocedural requirements of agencies that would require conditions of certification in addition to those set forth above. To the extent any permits, approvals, variances, or exceptions are necessary due to nonprocedural requirements, including zoning ordinances, once the ROW and location of structures are selected, such permits, approvals, variances or exceptions are not contrary to the public interest and are granted by this certification.
The objections of TCRPC to General Conditions 13 and 14 are without merit and should be rejected.
The proposed SFWMD condition of certification entitled "Construction During the Nesting Season" is unnecessary and should be rejected. The SFWMD condition of certification entitled "Monitoring/Compliance Cost Reimbursement" that requires FPL to reimburse SFWMD for post-certification review activities is contrary to the Transmission Line Siting Act. Pursuant to Section 403.523(13), Florida Statutes, all costs for postcertification activities required by any condition of certification shall be funded out of the application fee. Furthermore, the costs for such review activities shall be specified in the condition. 403.523(13) Fla. Stat. (1987). The proposed SFWMD condition of certification meets neither of these requirements and should be rejected.
The operation of the Levee-Midway Transmission Line in the TCRPC, Duda 1/1A and 2/2A, and SFWMD Corridors will comply with Chapter 17-274, F.A.C., which sets regulations for EMF. Noise associated with the transmission line will comply with all applicable noise ordinances.
Compliance With Section 403.529(3)(d), Florida Statutes
Between the Midway Substation and the Corbett Substation, the location, construction, and maintenance of the Levee-Midway Transmission Line in the TCRPC Corridor is consistent with the comprehensive plans for St. Lucie, Martin, and Palm Beach Counties. The St. Lucie Comprehensive Plan does not prohibit utilities in any land use category and encourages the "maximum flexibility" in locating utilities such as the Levee-Midway Transmission Line. The comprehensive plans for Martin County and Palm Beach County expressly allow transmission lines in all land use categories crossed by the TCRPC Corridor.
The apparent land use categories crossed by Duda Corridors 1/1A and 2/2A are appropriate for transmission lines, however, Duda failed to present any evidence it this regard and reference to FPL Exhibit 4, the applicable land use maps, is not dispositive.
The location, construction, and maintenance of the Levee-Midway Transmission Line in the SFWMD Corridor between the Corbett, Conservation, and Levee Substations is consistent with the comprehensive plans for Palm Beach, Broward, and Dade counties. In Palm Beach County, utilities are allowed in all land use categories. In Broward County, transmission lines are allowed in the land use categories crossed by the SFWMD Corridor if necessary to meet the county's present and future needs. The need for the Levee-Midway Transmission Line in Broward County was established by the PSC. In Dade County, transmission lines are either expressly allowed in the land use categories crossed by the Levee-Midway Transmission Line, allowed as unusual uses, or allowed pursuant to jurisdiction of the SFWMD.
Compliance With Section 403.529(3)(e) Florida Statutes
The last criterion requires that a reasonable balance be effected between the need for a transmission line and the impacts upon the public and the environment from the location, construction, and maintenance of the transmission line. There is no requirement that either the existence or the location of the transmission line be impact-free. Indeed, it is recognized in Florida that transmission lines may have an effect upon the welfare of the population. The goal is to insure that their location, construction, and maintenance produce minimal adverse effects on the environment and the public health, safety, and welfare. 403.521, Fla. Stat. (1987).
Impacts On the Public
Between the Midway Substation and the Corbett Substation, the location, construction, and maintenance of the Levee-Midway Transmission Line in the TCRPC Corridor will have a minimal impact on the public. The major land use crossed by the TCRPC Corridor is agriculture. The location of the transmission line in agricultural areas will minimize the impact to the public while still allowing the land to be used to grow citrus, sugar cane, and other crops. Residential development within the TCRPC Corridor is sparse. Where residences have been built or subdivisions platted, the TCRPC Corridor is wide enough so that the transmission line can be placed to avoid crossing these areas or creating a significant visual impact.
The TCRPC Corridor is also consistent with future land uses in the corridor. The urban services area (USA) for St. Lucie County, which defines the outward extent of urban development for the county, is at least 2,000 feet east of the TCRPC Corridor, except at Midway Substation. The proposed future land
use map for St. Lucie County, should it be adopted, designates only one-third of the eastern portion of the TCRPC Corridor for "Residential Urban" land use. The remaining two-thirds is classified as "Agriculture," which is a compatible land use for a transmission line. Finally, any potential impact the TCRPC Corridor will have on the future development of land owned by Duda is speculative. No application has been filed by Duda proposing development in this area, and no regulatory agency has approved any proposed development on the Duda property within the TCRPC Corridor.
Duda Corridor 1/1A has more potential impact to the public than found in the corresponding portion of the TCRPC Corridor. A residential subdivision and numerous individual residences are located within this corridor, making it difficult to site a transmission line without removing or visually impacting these residences. Additionally, the Treasure Coast Airpark airport approach zone glide path extends, from east to west, across Duda Corridor 1/1A. It is questionable whether a transmission line could be sited within this corridor without obstructing the airport approach zone glide path even if the transmission line structures were placed on the far eastern edge of the corridor. Closer to the airstrip, the transmission line would result in an obstruction. Even on the eastern edge of the corridor, the transmission line would require more structures, shorter structures, and shorter span lengths to avoid obstructing the glide slope. This would result in greater costs for the construction of the transmission line and more visual impacts.
Duda Corridor 2/2A has greater potential impacts to the public than found in the corresponding portions of the TCRPC Corridor and Duda Corridor I/IA. There are three platted subdivisions within the corridor, making it difficult to locate a transmission line in Duda Corridor 2/2A without impacting existing residential areas.
A significant impact associated with Duda Corridor 2/2A is the location of two airport approach zone glide paths within the corridor. Using
73-foot-high structures, the Levee-Midway Transmission Line could not be located within Duda Corridor 2/2A without intruding into these airport approach zone glide paths. This significant public impact makes the Duda Corridor 2/2A unsuitable for location of the Levee-Midway Transmission Line.
Between the Corbett, Conservation, and Levee substations, the location of the Levee-Midway Transmission Line in the SFWMD Corridor will have a minimal impact on the public. The land uses crossed by the SFWMD Corridor are primarily agriculture and conservation. There is no residential development within this corridor. Although there may be some minor impact to sugar cane cultivation in these areas, production and harvesting of sugar cane may take place under the transmission line. In the water conservation areas, the corridor follows existing canals, levees, and roads, minimizing any visual impact.
The narrowing of the SFWMD Corridor so that the transmission line is adjacent to existing 500 kV transmission lines, as proposed by FSCL, will not significantly decrease these minor impacts. The testimony regarding the impacts to sugar cane production and harvesting given by the FSCL witness never quantified what the economic impact would be of placing the Levee-Midway Transmission Line closer to the existing 500 kV transmission lines. More importantly, locating the Levee-Midway Transmission Line adjacent to the existing 500 kV transmission lines would be inconsistent with the criteria of reliability under Section 403.529(3)(a), Florida Statutes, because it would not
provide the separation required to prevent a catastrophic event from causing a multiple outage of the transmission lines.
Impacts On The Environment
Between the Midway and Corbett substations, the Levee-Midway Transmission Line will have a minimum impact on the environment whether it is located in the TCRPC Corridor or the Duda 2/2A Corridor. The majority of the vegetation found within these corridors consists of agriculture and improved pasture and does not provide important habitat to any threatened or endangered species or species of regional concern. Most wetland areas within the TCRPC and Duda Corridor 2/2A are small and isolated and can be spanned or avoided by the transmission line.
There is a greater potential for environmental impact if the transmission line is located in Duda Corridor 1/1A due to a large, mixed hardwood forest which spans this corridor. Up to 400,000 square feet of hardwood forest, which provides high-quality wildlife habitat, would have to be removed if the transmission line was located in this corridor.
If constructed and maintained as proposed and in compliance with the conditions of certification set forth in Appendix C, the Levee-Midway Transmission Line will not affect water quantity, water quality, or the hydrologic flows associated with the water resources found within the TCRPC Corridor. No evidence was presented as to the impacts the proposed transmission line would have to water quality, water quantity, or hydrologic flows if located in the Duda Corridors 1/1A or 2/2A.
The Levee-Midway Transmission Line will not have a significant impact on the environment between the Corbett, Conservation, and Levee substations if located within the SFWMD Corridor. A large segment of this corridor is comprised of agriculture, primarily sugar cane, which contains no native plant species and no valuable habitat for wildlife. Where the SFWMD Corridor crosses the water conservation areas, the predominant vegetation is comprised of regionally common freshwater marsh areas. Also, a large portion of this area has previously been impacted by roads and levees and contains nuisance vegetation such as melaleuca. Transmission lines are compatible with this freshwater marsh area since large areas can be spanned by a transmission line with only intermittent cutting of vegetation. Further, nuisance vegetation will be removed within the ROW resulting in an environmental benefit. The location of the transmission line adjacent to levees and roads within the SFWMD Corridor will further minimize impacts to vegetation and wildlife.
If constructed and maintained as proposed and in compliance with the conditions of certification set forth in Appendix C, the Levee-Midway Transmission Line will not significantly impact water quality, water quantity, or hydrologic flow of the water resources within the SFWMD Corridor.
Regarding the criteria set forth in Section 403.529(3)(e), Florida Statutes, the location of the Levee-Midway Transmission Line in the TCRPC, Duda 1/1A, and SFWMD Corridors will effect a reasonable balance between the need for the transmission line and the impact the line will have to the public and the environment. As between the TCRPC Corridors and the Duda Corridor 1/1A, the TCRPC Corridors have less impact to the public and the environment. Duda Corridor 2/2A is not a suitable location for the Levee-Midway Transmission Line because it would obstruct existing airport approach zone glide slopes.
Compliance with Section 403.529(4)(a), Florida Statutes
For the reasons stated above, the TCRPC Corridor, including Corridor
1 and Corridor 2, and the SFWMD Corridor are the corridors with the least adverse impact. Even if Duda 1/1A had as few adverse impacts as the corridors preferred by FPL, it could not be recommended because costs considerations support the TCRPC and SFWMD corridors.
Construction and land acquisition costs were presented for the location and construction of the Levee-Midway Transmission in the TCRPC Corridor and the SFWMD Corridor. Only land acquisition costs were presented for the location of the transmission line in the Duda Corridors 1/1A and 2/2A. Since no construction costs were presented for the Duda Corridors, it is impossible to determine what the total costs would be for the location of the transmission line in the Duda corridors.
It is recognized that lowering the structures and reducing the spans in the areas affecting the approach zone glide slopes of existing airports in Duda Corridors I/IA and 2/2A would result in greater costs for those segments containing or in proximity to these airports.
When considering the least adverse impacts regarding the criteria in Section 403.529(3), including costs, it can only be concluded that the TCRPC Corridor and the SFWMD Corridors should be the only corridors certified.
Compliance with Section 403.529(4)(c) Florida Statutes
The TCRPC Corridor is actually comprised of the main corridor and two alternate routes into the Corbett Substation from just south of the Palm Beach County line. Pursuant to Section 403.529(4)(c), if two or more corridors comply with the provisions of subsection (3) and have the least adverse impacts, including costs, the board shall certify the corridor preferred by the applicant. As concluded above, the TCRPC Corridor meets the criteria and has the least adverse impacts and costs. FPL has made it clear that it prefers TCRPC Corridor 1 in that portion of the corridor leading in the Corbett Substation. TCRPC Corridor 1 is the corridor that should be certified pursuant to the terms of Section 403.529(4)(c).
CONSERVATION SUBSTATION
The site for Conservation Substation is located in Broward County, west of the Sawgrass Expressway, east of the L-36 Canal, and north of Commercial Boulevard. Pursuant to Section 403.522(15), Florida Statutes, only the "general location for a proposed intermediate substation, and not the permitting of such substation, shall be considered during the certification proceedings."
The location for Conservation Substation will ensure electric system reliability and integrity. The location for the Conservation Substation is near the electrical load center for Broward County and is adjacent to the 230 kV transmission lines which will connect to the substation.
The location for Conservation Substation will ensure that the electrical energy needs of the state are met in an orderly and timely fashion. There is adequate acreage for the substation available on the site, and there are adequate roadways available for transportation of transformers to the site.
The location for Conservation Substation is consistent with the comprehensive plan for Broward County. The county's comprehensive plan designates the land use for the proposed site as "Utilities."
Finally, the location for Conservation Substation will have a minimal impact on the public and environment. The site is separated from the City of Tamarac by the Sawgrass Expressway, and there is no development on the site. Little or no native vegetation is found on the site, and the site provides no important habitat for listed, threatened, or endangered wildlife species.
RECOMMENDATION
Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Governor and Cabinet, sitting as the Siting Board,
enter a Final Order and therein dismiss the parties who failed to make and appearance; ratify the partial Summary Recommended Order; and grant certification for the location of the Levee-Midway Transmission Line in TCRPC Corridor 1 and the SFWMD Corridor and for the construction and maintenance of the transmission line within those corridors as proposed in the application and in accordance with the conditions of certification contained in Appendices C, D, E, F, G, H, I, and K, as modified and recommended on pages 98 and 99 herein.
DONE AND ENTERED this 2nd day of March, 1990, in Tallahassee, Florida.
DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 2nd day of March, 1990.
* APPENDIX TO RECOMMENDED ORDER
* Appendix to this Recommended Order is available for review in the Division's Clerk's Office.
COPIES FURNISHED:
Carlos Alvarez David L. Powell Richard W. Moore Attorneys at Law
Hopping Boyd Green & Sams, P.A.
123 South Calhoun Street (32301) Post Office Box 6526 Tallahassee, FL 32314
Attorneys for Florida Power and Light Company
Richard T. Donelan, Jr. Assistant General Counsel Department of Environmental
Regulation
2600 Blair Stone Road, Room 654
Tallahassee, FL 32399-2400
Attorney for Department of Environmental Regulation
James V. Antista, General Counsel Florida Game and Fresh Water
Fish Commission
620 South Meridian Street Tallahassee, FL 32399-1600
Attorney for the Game and Fresh Water Fish Commission
Frances Jauquet John J. Fumero Attorneys at Law
South Florida Water Management District 3301 Gun Club Road (33406)
Post Office Box 24680
West Palm Beach, FL 33416-4680
Attorneys for South Florida Water Management District 1
Katherine Funchess Senior Attorney
Department of Community Affairs 2740 Centerview Drive
Tallahassee, FL 32399-2100
Attorney for Department of Community Affairs
Roger G. Saberson, Attorney at Law Treasure Coast Regional Planning Council
E. Atlantic Avenue Delray Beach, FL 33444
Attorney for Treasure Coast Regional Planning Council
Samuel S. Goren, Attorney at Law Josias & Goren, P.A.
3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308
Attorney for South Florida Regional Planning Council
Fred W. Van Vonno Assistant County Attorney Martin County
2401 S.E. Monterey Road Stuart, FL 34996
Attorney for Martin County
Patrick M. Casey Assistant County Attorney Dade County
Metro-Dade Center
N.W. 1st Street, Suite 2810 Miami, FL 33128-1993
Attorney for Dade County
Krista A. Storey Assistant County Attorney St. Lucie County
2300 Virginia Avenue, Annex Fort Pierce, FL 34982 Attorney for St. Lucie County
Noel M. Pfeffer, Deputy General Counsel Broward County
Governmental Center, Suite 423
115 South Andrews Avenue Fort Lauderdale, FL 33301 Attorney for Broward County
Robert P. Banks
Assistant County Attorney Palm Beach County
Governmental Complex, 6th Floor
301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401 Attorney for Palm Beach County
Andrea L. Moore Assistant City Attorney City of Coral Springs 9551 W. Sample Road Coral Springs, FL 33065
Attorney for City of Coral Springs
Richard L. Doody, Attorney at Law Office of City Attorney
City of Tamarac 7525 NW 88th Avenue
Tamarac, FL 33321-2401 Attorney for City of Tamarac
Steven L. Josias, Attorney at Law Josias & Goren, P.A.
Centrust Savings Bank
3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33309
Attorneys for Vesta Vestra, Inc. and the City of Parkland
Jon M. Henning, City Attorney City of Sunrise
10770 West Oakland Park Boulevard Sunrise, FL 33351
Lisa N. Mulhall, Attorney at Law Burke, Bosselman & Weaver
One Lincoln Place
1900 Glades Road, Suite 350 Boca Raton, FL 33431 Attorney for Town of Davie
Heather Ruda, Attorney at Law Gibson & Adams, P.A.
303 First Street, Suite 400 (33401) Post Office Box 1629
West Palm Beach, FL 33402-1629
Attorney for Solid Waste Authority of Palm Beach County
Scott Shirley, Attorney at Law
Oertel, Hoffman, Fernandez & Cole, P.A. 2700 Blair Stone Road, Suite C
Post Office Box 6507 Tallahassee, FL 32314-6507
Attorney for Coral Ridge Properties
William L. Hyde, Attorney at Law Roberts, Baggett, LaFace & Richard
101 East College Avenue (32301) Post Office Box 1838 Tallahassee, FL 32302
Co-counsel for Hollywood Lakes Country Club, Inc.
Donald R. Hall, Attorney at Law Gustafson, Stephens, Ferris,
Forman & Hill, P.A.
540 Northeast Fourth Street Fort Lauderdale, FL 33301
Attorney for Silver Lakes Partnership, Hollywood STS Associates, and the William Lyon Company
Donna H. Stinson, Attorney at Law Moyle, Flanigan, Katz,
Fitzgerald & Sheehan, P.A. The Perkins House, Suite 100
118 North Gadsden Street Tallahassee, FL 32301
Attorney for Indian Trail Grove, Limited, Irving Cowan, Savin Groves, Kenneth G. Savage, Robert Povey and Harold Wideman, and Sunny Urban Meadows Landowners Association; Indian Trail
Scott Mager, Attorney at Law Mager & Gaffney, P.A.
The 110 Tower - 12th Floor
110 Southeast 6th Street Fort Lauderdale, FL 33301
Attorney for the Shennandoah Community Association and Jeff Reisburg Water Control District
Stephen Covert, Attorney at Law
631 U.S. Highway One, Suite 200 (33408) Post Office Box 14035
North Palm Beach, FL 33408
Attorney for Via Tropical Fruits, Inc.; Ronnie Hattaway; Talquin Corp.; Ralph C. Nash and Mikatum Groves
J. A. Jurgens, Attorney at Law
Jones, Foster, Johnston & Stubbs, P.A.
505 South Flagler Drive Suite 1100 (33401) Post Office Drawer E
West Palm Beach, FL 33402
Co-counsel for Via Tropical Fruits, Inc.; Ronnie Hattaway; Talquin Corp.; Ralph C. Nash and Mikatum Groves
Timothy J. Manor Margaret H. Schreiber Attorneys at Law
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 North Eola Drive (32801) Post Office Box 2809 Oriando, FL 32802-2809
Attorney for The Coca-Cola Company
William J. Payne Dale Konigsburg Donna Stinson Attorneys at Law
Rinker Materials Corporation 1501 Belvedere Road (33401) Post Office Box 24635
West Palm Beach, FL 33416-4635
Attorneys for Rinker Materials Corporation
Lawrence N. Ctrtin Samuel J. Morley Attorneys at Law Holland and Knight
315 South Calhoun Street, Suite 600 Post Office Drawer 810 Tallahassee, Florida 32302
Attorneys for New Hope Sugar Company, Okeelanta Corporation, Sugar Cane Growers Cooperative of Florida, Inc., South Bay Growers, Inc. United States Sugar Corporation, S. D. Sugar Corporation, Florida Sugar Cane League
Alfred J. Malefatto, Attorney at Law Shapiro & Bregman, P.A.
Suite 310, East Tower
777 South Flagler Drive (33401) Post Office Box 20629
West Palm Beach, FL 33416-0629
Attorney for FreBar, Inc.; Sugar Belle Joint Venture and Flor Ag Corporation
Mark P. Gagnon Stanley D. Klett, Jr. Attorneys at Law
Scott, Royce, Harris, Bryan & Hyland, P.A. 4400 PGA Boulevard, Suite 900
Palm Beach Gardens, Florida 33410 Attorneys for A. Duda and Sons, Inc.
Leigh A. Williams, Attorney at Law Littman, Littman, Williams & Strike, P.A. 1855 S. Kanner Way (34994)
Post Office Box 1197 Stuart, FL 34995
Attorney for VBQ, Inc.; Beach Brooks as Trustee and Individually
Darrell White, Attorney at Law McFarlain, Sternstein, Wiley
& Cassedy, P.A.
600 First Florida Bank Building (32301) Post Office Box 2174
Tallahassee, FL 32316-2174
Attorney for Allapattah Properties Partnership
Michael K. Spotts, Attorney at Law Brennan, Hayskar, Jefferson
& Gorman, P.A.
519 South Indian River Drive (34954) Post Office Box 3779
Fort Pierce, FL 34948 Attorney for Reuben Carlton
Honorable Bob Martinez Governor, State of Florida The Capitol
Tallahassee, Florida 32399
Honorable Robert A. Butterworth Attorney General
State of Florida The Capitol
Tallahassee, Florida 32399-1050
Honorable Doyle Conner Commissioner of Agriculture State of Florida
The Capitol
Tallahassee, Florida 32399-0810
Honorable Betty Castor Commissioner of Education State of Florida
The Capitol
Tallahassee, Florida 32399
Honorable Jim Smith Secretary of State State of Florida The Capitol
Tallahassee, Florida 32399-0250
Honorable Tom Gallagher
Treasurer and Insurance Commissioner State of Florida
The Capitol
Tallahassee, Florida 32399-0300
Honorable Gerald A. Lewis Comptroller
State of Florida The Capitol
Tallahassee, Florida 32399-0350
Eric Simon, Attorney at Law Borkson, Simon & Noskowitz
1500 N.W. 49th Street, Suite 401 Fort Lauderdale, FL 33309
Attorney for Hollywood Lakes Country Club, Inc.
Mary M. Viator, Attorney at Law Caldwell & Pacetti
Post Office Box 2775 Palm Beach, FL 33480
Attorney for Indian Trail Water Control District
Robert D. Miller, Attorney at Law 1675 Palm Beach Lakes Boulevard Tower A, Suite 700
West Palm Beach, FL 33401
Sugar Belle Joint Venture and Flor-Ag Corporation
Joseph M. Norton
Transmission Line Siting Coordinator Department of Environmental
Regulation
2600 Blair Stone Road Tallahassee, FL 32399-2400
Tim Murphy Anita Tallarico
Attorneys at Law
South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140
Hollywood, FL 33021
Attorneys for South Florida Regional Planning Council
Kerri L. Barsh, Attorney at Law 1221 Brickell Avenue
Miami, FL 33131
Attorney for Graham Companies
Donald S. Rosenberg, Attorney at Law 2600 AmeriFirst Building
One S. E. Third Avenue Miami, FL 33131
Attorney for Black Island Partnership
Robert E. Ferris, Trustee
540 Northeast Fourth Street Fort Lauderdale, FL 33301
Paul H. Amundsen James C. Hauser Attorneys at Law
Blank, Hauser & Amundsen 204-B South Monroe Street Tallahassee, FL 32301
Attorney for D.L. Scotto & Company; Indian River Citrus League
Frank H. Fee, III, Attorney at Law Fee, Bryan & Koblegard, P.A.
Post Office Box 1000 Fort Pierce, FL 34954
Attorney for North St. Lucie River Water Control District
Thomas E. Gardner, Executive Director Department of Natural Resources
3900 Commonwealth Boulevard
Tallahassee, FL 32399
David Swafford, Executive Director Florida Public Service Commission Fletcher Building
101 E. Gaines Street Tallahassee, FL 32399-0875
| Issue Date | Proceedings |
|---|---|
| Mar. 02, 1990 | Recommended Order sent out. CASE CLOSED. Hearing held 11/13-17 & 27-31/89, 12/04-06/89, 11/20/89 Ft. Pierce, 11/21/89 Stuart, 11/30/89 Davie, 12/01/89 West Palm Beach. |
| Feb. 01, 1990 | CC Notice of Joinder by Rinker Materials Corporation in The Proposed Recommended Order of Florida Power & Light Company filed. |
| Jan. 31, 1990 | Notice of Joinder by Rinker Materials Corporation in the Proposed Recommended Order of Florida Power & Light Company filed. |
| Jan. 26, 1990 | Letter to DKK from M. P. Gagnon w/Diskette Containing the Joint PRO) filed. |
| Jan. 23, 1990 | Proposed Recommended Order of South Florida Water Management District filed. |
| Jan. 22, 1990 | (Intervenor) Proposed Recommended Order of Coral Ridge Properties, Inc. filed. |
| Jan. 22, 1990 | Closing Argument of Indian Trial Groves Limited, Cowan Groves, Savin Groves, Savage Groves, and Sunny Urban Meadows Landowners Association filed. |
| Jan. 22, 1990 | Proposed Findings of Fact, Conclusions of Law and Recommended Order of the Florida Sugar Cane League and Affiliated Companies filed. |
| Jan. 22, 1990 | Notice of Filing Proposed Recommended Order of Florida Power & Light Company and Appendix filed. |
| Jan. 22, 1990 | Proposed Recommended Order of Via Tropical Fruits, Inc., Ronnie Hattaway, Ralph C. Nash and Mikatum Groves and Talquin Corporation filed. |
| Jan. 17, 1990 | Order(Page limitation for all proposed recommended orders is extended to 100 pages) sent out. |
| Jan. 16, 1990 | Transcript (Evidentiary Hearing) Vol 15 dated December 4, 1989 filed. |
| Jan. 16, 1990 | Transcript (Evidentiary Hearing) Vol 10 dated November 27, 1989 filed. |
| Jan. 16, 1990 | Transcript (Evidentiary Hearing) Vols 1&2 dated November 13, 1989 filed. |
| Jan. 11, 1990 | Update to Florida Power & Light Company's Motion for Extension of Page Limitation to Proposed Recommended Order filed. |
| Nov. 30, 1989 | Written Submittal for the November 28, 1989 Scheduling Hearing filed. |
| Nov. 28, 1989 | Letter to DKK from M. H. Schreiber w/attached Supporting papers filed. |
| Nov. 14, 1989 | Response of the Shenandoah Community Assoc. and Jeff Reisburg to the FL Sugar Cane League's Request for Extension of %Time filed. |
| Nov. 13, 1989 | Notice of Change of Address and Notice of Appearance filed. |
| Nov. 08, 1989 | Notarization Pages & cover Letter filed. |
| Nov. 08, 1989 | Motion to Extend Time for Filing of Attachments to the Prehearing Stipulation filed. |
| Nov. 07, 1989 | Motion to Extend Time for Filing of Attachments to the Prehearing Stipulation filed. |
| Nov. 07, 1989 | Supplement to Motion for Partial Summary Recommended Order filed. |
| Nov. 07, 1989 | Notice of Appearance filed. |
| Nov. 07, 1989 | Exhibit List, Witness List, Exhibits and the Signature Page of the Pretrial Stipulation filed. |
| Nov. 06, 1989 | Response of the Shenandoah Community Association and Jeff Reisburg to the Florida Sugar Cane League`s Request for Extension of Time filed. |
| Nov. 06, 1989 | Response to A. Duda & Sons, Inc`s Motions Regarding Alternate Corridor 2B filed. |
| Nov. 03, 1989 | City of Coral Springs Response in Opposition to Motion to Continue Final Certification Hearing filed. |
| Nov. 03, 1989 | Motion in Limine w/Exhibit-A filed. |
| Nov. 01, 1989 | Response in Opposition to Motion to Continue filed. |
| Nov. 01, 1989 | Response of the Town of Davie to the Florida Sugar Cane League's Request for Extension of Time & cover letter from L. Mulhall filed. |
| Nov. 01, 1989 | Notice of Appearance filed. (from D. Stinson). |
| Nov. 01, 1989 | Response to Motion to Continue Final Certification Hearing & cover letter from S. Josias filed. |
| Oct. 31, 1989 | Florida Power & Light Company's Notice of Withdrawal of Motion to Compel Answers to Interrogatories filed. |
| Oct. 30, 1989 | Motion to Compel Answers to Interrogatories filed. |
| Oct. 30, 1989 | A. Duda And Sons, Inc`s Motion to Strike Florida Power & Light Co.`sPrmary Corridor and/or Request for Extension of Time to Amend A. Duda and Sons, Inc`s Proposed Alternate Corridor 2B filed. |
| Oct. 30, 1989 | A. Duda and Sons, Inc`s Response to Florida Power & Light Co`s Rejection of A. Duda and Sons, Inc`s Proposed Alternate 2B and Motion to Designate Alternate 2B as Proper for Certification filed. |
| Oct. 30, 1989 | City of Coral Springs Response in Opposition to Motion to Continue Final Certification Hearing filed. |
| Oct. 28, 1989 | D. L. Scotto & Co., Inc`s Witness and Exhibit Lists filed. |
| Oct. 27, 1989 | Supplement to Motion to Continue Final Certification Hearing filed. |
| Oct. 27, 1989 | Florida Power & Light Company's Response to the Motion to Continue Final Certification Hearing filed. |
| Oct. 27, 1989 | (City of Sunrise) Notice of Filing of City of Sunrise Resolution; Sunrise Resolution filed. |
| Oct. 26, 1989 | Order sent out. (Petition to Intervene is granted to Reuben Carlton, Ronnie Hattaway, Talquin Corp., Ralph C. Nash and Mikatum Groves, Sugar Belle Joint Venture and Flor-Ag Corp., and the Indian River Citrus League are granted. Decisions on other preheari |
| Oct. 24, 1989 | Dade County`s Corrected Final Witness and Exhibit List and Preliminary Statement of Issues in Dispute filed. |
| Oct. 24, 1989 | Response of New Hope Sugar Company, Okeelanta Cooperation, Sugar Cane Growers Corporative of Florida, Inc., South Bay Growers, United States Sugar, S. D. Sugar Corporation and Florida Sugar Cane League, Inc.,(FSCL) to The South F lorida Water Management |
| Oct. 23, 1989 | Final Witness and exhibit List and Preliminary Statement of Issues in Dispute & attachment filed. |
| Oct. 20, 1989 | Notice of City of Sunrise Intent to Participate as a Party filed. |
| Oct. 20, 1989 | VIA Tropical Fruit`s, Inc`s Response to Florida Power & Light Company`s Response to the Amendment of VIA Tropical Fruits, Inc., Notice of Filing Alternative Corridors, Motion for Extension of Time and Notice of Filing Supplemental Information filed. |
| Oct. 19, 1989 | The Coca-Cola Company's Notice of Serving Answers to Interrogatories;answers to Interrogatories filed. |
| Oct. 19, 1989 | FPL's Motion to Strike and/or Response to Scotto's Supplement to its Request for Additional Time to Propose Alternative Corridors and Its Reply to FPL's Response to Its Request for Additional Time; Affidavit of Florette Braun filed. |
| Oct. 18, 1989 | Supplement to Final Witness and Exhibit List and Preliminary Statement of Issues and Dispute of the William Lyon Company, Hollywood STS Associates and Silver Lakes Partnership filed. |
| Oct. 17, 1989 | Notice of Taking Deposition (3) filed. |
| Oct. 17, 1989 | Reminder Notice of Prehearing Stipulation Meeting filed. |
| Oct. 17, 1989 | Amended Notice of Depositions filed. |
| Oct. 16, 1989 | Notice of Filing Final Witness and Exhibit Lists and Preliminary Statement of Issues in Dispute; Additions to the Witness and Exhibit List of Treasure Coast Regional Regional Planning Council and Joinder in Motion for Extension of Time to File Final Witne |
| Oct. 16, 1989 | Final Witness and Exhibit List and Preliminary Statement of Issues in Dispute & cover Letter filed. |
| Oct. 16, 1989 | Petition to Intervene of Sugar Bell Joint Venture and Flor-AG-Corporation filed. |
| Oct. 16, 1989 | Motion to Extend Time to File Final Witness and Exhibit List and Preliminary Statement of Issues in Dispute filed. |
| Oct. 16, 1989 | Notice of Filing Supplemental Agency Report of Broward County filed. |
| Oct. 16, 1989 | City of Coral Springs Notice of Non-Procedural Standards and Regulations filed. |
| Oct. 16, 1989 | Notice of Town of Davie`s Supplemental Response to Its Final Agency Report & cover Letter filed. |
| Oct. 13, 1989 | Florida Power & Light Company's Amended Witness and Exhibit List and Preliminary Statement of Issues in Dispute filed. |
| Oct. 13, 1989 | Allapattah Properties Partnership's Final Witness and Exhibit Lists and Preliminary Statement of Issues in Dispute filed. |
| Oct. 13, 1989 | Indian River Citrus League`s Witness List, Exhibit List and Statement of Issues filed. |
| Oct. 13, 1989 | Petition to Intervene of Sugar Bell Joint Venture and Flor-Ag Corporation filed. |
| Oct. 13, 1989 | Indian River Citrus League's Petition to Intervene filed. |
| Oct. 13, 1989 | Amended Notice of Deposition filed. |
| Oct. 13, 1989 | Notice of filing Supplemental Agency Report of Dade County filed. |
| Oct. 13, 1989 | Notice of City of Sunrise Intent to Participate as a Party filed. |
| Oct. 13, 1989 | Supplemental Agency Report of St. Lucie County on Alternate Corridor Routes and Final Witness List filed. |
| Oct. 13, 1989 | Joint Motion for Extension of Time to File Witness and Exhibit List filed. |
| Oct. 13, 1989 | (Ronnie Hattaway) Petition to Intervene filed. |
| Oct. 12, 1989 | Amended Final Witness and Exhibit List and Preliminary Statement of Issues in Dispute filed. |
| Oct. 12, 1989 | Notice of Proposed Alternative Transmission Corridors of D. L. Scotto& Co., Inc. w/Exhibits A&B filed. |
| Oct. 10, 1989 | Notice of Deposition filed. |
| Oct. 09, 1989 | Florida Power & Light Company's Response to the Petition of D. L. Scotto & Co., Inc., to Intervene and Request for Additional Time to File Proposed Alternative Corridor w/Exhibits A&B filed. |
| Oct. 06, 1989 | (Indian Trail Groves et al) Response to D. L. Scotto and Company's Request for Additional Time to File Proposed Alternate Corridor filed. |
| Oct. 05, 1989 | Petition of Allapattah Properties Partnership to Intervene filed. |
| Oct. 05, 1989 | Interrogatories to Florida Power & Light Company filed. |
| Oct. 05, 1989 | Order sent out. (Adopting Stipulation of the Coca-Cola Co., the Department of Environmental Regulation, and Florida Power and Light Co.. The Amended Notice of Proposed Alternate Corridors filed by the Coca-Cola Co. is deemed withdrawn, without prejudice t |
| Sep. 29, 1989 | Letter to DKK from J. Norton filed. |
| Sep. 29, 1989 | Notice of Appearance filed. |
| Sep. 28, 1989 | Florida Power & Light Company's Notice of Rejection of Proposed Alternative Corridor filed. |
| Sep. 26, 1989 | Order (ruling on pending motions) sent out. |
| Sep. 26, 1989 | Town of Davie`s Notice of Witnesses and Exhibit Lists and Preliminary Statement of Issues & cover Letter filed. |
| Sep. 25, 1989 | Motion of Palm Beach County to Amend Prehearing Schedule Regarding Deadline for Submission of Supplementary Agency Reports on Alternate Corridors to the Department of Environmental Regulation filed. |
| Sep. 25, 1989 | Notice filed. |
| Sep. 25, 1989 | Martin County`s Witness and Exhibit List and Preliminary Statement of Issues in Dispute filed. |
| Sep. 25, 1989 | Amended Response to Coral Ridge Properties` and the City of Coral Springs` Motion to Amend Prehearing Schedule and Notice of Prehearing Stipulation Meeting filed. |
| Sep. 25, 1989 | Response to Motion of Treasure Coast Regional Planning Counsel to Extend the Time to File Agency Report Required in Regard to Alternate Corridors filed. |
| Sep. 25, 1989 | Technical Information which Supports the South Florida Water Management District`s Alternate Corridor & cover Letter filed. |
| Sep. 25, 1989 | Rinker Materials Corporation Motion for Extension of Time filed. |
| Sep. 25, 1989 | The Coca-Cola Company`s Amended Witness and Exhibit List and Preliminary Statement of Issues in Dispute filed. |
| Sep. 25, 1989 | Notice of Redesignation of Hearing Officer sent out. |
| Sep. 22, 1989 | Amended Petition to Intervene filed. |
| Sep. 22, 1989 | Notice of Appearance filed. |
| Sep. 22, 1989 | Notice of filing Alternate Corridor filed. |
| Sep. 22, 1989 | Final Witness and Exhibit List and Preliminary Statement of Issues in Dispute filed. |
| Sep. 22, 1989 | Department of Environmental Regulation`s Witness and Exhibit List and Preliminary Statement of Issues in Dispute filed. |
| Sep. 22, 1989 | The Coca-Cola Company's Amended Notice of Proposed Alternate Corridors and Motion for Extension of Time w/exhibits A&B filed. |
| Sep. 22, 1989 | Notice by Treasure Coast Regional Planning Council of Filing Supplementary Information in Regard to Proposed Alternate Corridors w/attached Supplementary Information filed. |
| Sep. 22, 1989 | Notice of Filing Information Submittal For Proposed Alternate Corridor & The Groves Alternate Corridors Proposal filed. |
| Sep. 21, 1989 | Motion of the Treasure Coast Regional Planning Council to Extend the Time to File the Agency Report Required in Regard to Alternate Corridors filed. |
| Sep. 21, 1989 | A. Duda and Sons, Inc. Witness and Exhibit List Preliminary Statement of Issues and Dispute filed. |
| Sep. 21, 1989 | Notice of Filing Information Submittal for Proposed Alternate Corridor w/attached Supportive Information filed. |
| Sep. 21, 1989 | Frebar, Inc., Witness and Exhibit List filed. |
| Sep. 21, 1989 | Dade County's Joinder in Motion to Amend Prehearing Schedule filed. |
| Sep. 20, 1989 | Dade County's Witness and Exhibit List and Preliminary Statement of Issues in Dispute filed. |
| Sep. 20, 1989 | Final Witness and Exhibit Lists and Preliminary Statement of Issues in Dispute filed. |
| Sep. 19, 1989 | Response to Coral Ridge Properties' and the City of Coral Springs' Motion to Amend Prehearing Schedule filed. |
| Sep. 18, 1989 | Notice of Filing Witness List and Exhibit Schedule filed. |
| Sep. 18, 1989 | Vesta Vestra, Inc`s Designation of Expert Witnesses filed. |
| Sep. 18, 1989 | Final Witness and Exhibit List and Preliminary Statement of Issues in Dispute filed. |
| Sep. 18, 1989 | Motion to Dismiss filed. |
| Sep. 18, 1989 | Notice of Filing Preliminary Statement of Issues in Dispute Witnesses and Exhibits & cover Letter filed. |
| Sep. 18, 1989 | Final Witness and Exhibit List and Preliminary Statement of Issues and Dispute of the William Lyon Company, Hollywood STS Associates and Silver Lakes Partnership filed. |
| Sep. 18, 1989 | The Coca-Cola Company's Motion for Extension of Time to File and Serve Notice of Witnesses and Exhibits filed. |
| Sep. 15, 1989 | Update to Motion to Amend Prehearing Schedule filed. |
| Sep. 15, 1989 | Town of Davie`s Notice of Witnesses and Exhibit Lists and Preliminary Statement of Issues filed. |
| Sep. 14, 1989 | Final Witness and Exhibit List and Preliminary Statement of Issues in Dispute filed. |
| Sep. 12, 1989 | City of Coral Springs' Response to Florida Power and Light Company's filed. |
| Sep. 12, 1989 | Notice of Service of Interrogatories to City of Tamarac filed. |
| Sep. 12, 1989 | Notice of Service of Interrogatories to the Coca-Cola Company filed. |
| Sep. 12, 1989 | Amendment to South Florida Water Management District`s Notice of Filing Alternate Corridor filed. |
| Sep. 11, 1989 | Town of Davie`s Response to Florida Power & Light Company`s First Interrogatories & cover Letter filed. |
| Sep. 07, 1989 | City of Coral Springs' Response to Florida Power and Light Company's First Interrogatories filed. |
| Sep. 05, 1989 | Notice of Service of Responses to Florida Power & Light Company's First Interrogatories to Silver Lakes Partnership filed. |
| Sep. 05, 1989 | Notice of Service of Responses to Florida Power & Light Company's First Interrogatories to Hollywood STS Associates, L. P. filed. |
| Aug. 31, 1989 | Notice filed. |
| Aug. 31, 1989 | Notice of Filing Alternate Corridor Information w/tagged Application for Alternate Corridor Certification (2 Vols) filed. |
| Aug. 30, 1989 | Order sent out. (hearing reset for 11-13-89; DER to file complied agency report by 9-1-89; FL Power & Light Interrogs responses due; ruling on interventions) |
| Aug. 29, 1989 | Letter to RTB from H. S. Oven, Jr. & attachments filed. |
| Aug. 25, 1989 | Notice filed. |
| Aug. 24, 1989 | Notice of Service of Responses to Florida Power & Light Company`s First Interrogatories to Hollywood Lakes Country Club, Inc. filed. |
| Aug. 23, 1989 | Answers Florida Power & Light Company`s First Interrogatories to Broward County filed. |
| Aug. 14, 1989 | Resolution No. R-89-210 & cover Letter filed. |
| Aug. 11, 1989 | Letter to RTB from A. S. Lustgarten filed. |
| Aug. 11, 1989 | Notice of Appearance filed. |
| Aug. 11, 1989 | Petition for Proposed Alternate Transmission Line Corridor; Notice of Filing Alternate Corridor Proposal by Via Tropical Fruits, Inc. filed. |
| Aug. 11, 1989 | Notice of Proposed Alternative Corridors; Notice of Petition for Proposed Alternate Transmission Line Corridor; Notice of Filing Alternative Transmission Line Corridors; The Cocoa-Cola Co's Notice of Proposed Alternate Corridors; Date County's Notice of F |
| Aug. 10, 1989 | Roll of Maps filed. |
| Aug. 10, 1989 | FL Power & Light Co's 1st Interrogs. to the City of Tamarac filed. |
| Aug. 10, 1989 | Black Island Partnership's Petition for Intervention filed. |
| Aug. 09, 1989 | Graham Companies` Petition for Intervention filed. |
| Aug. 09, 1989 | Letter to RTB from J. M. Norton (re: Letter dated July 24, 1989) filed. |
| Aug. 09, 1989 | Notice of Intent to Become a Party and Petition for Leave to Intervene filed. |
| Aug. 08, 1989 | Graham Co's Petition for Intervention filed. |
| Aug. 04, 1989 | Florida Power & Light Company's First Interrogatories to Jeff Reisberg filed. |
| Aug. 03, 1989 | Notice of Service of Response to Town of Davie's First Set of Interrogs. to FL Power & Light Co., Inc. filed. |
| Aug. 03, 1989 | Florida Power & Light Company`s First Interrogatories to Jeff Reisberg & cover Letter filed. |
| Aug. 02, 1989 | Motion for Extension of Time for Service of Answers to Interrogatories filed. |
| Jul. 31, 1989 | Florida Power & Light Company`s First Interrogatories to the Treasure Coast Regional Planning Council filed. |
| Jul. 31, 1989 | Notice of Service of Answers to Florida Power & Light's First Interrogatories to Treasure Coast Regional Planning Council filed. |
| Jul. 31, 1989 | Update Motion for Extension of Time filed. |
| Jul. 27, 1989 | Stipulation and Motion for Extension of Time to File Compiled Agency Report filed. |
| Jul. 27, 1989 | Notice of Service of Responses to Florida Power & Light Company's First Interrogatories to Dade County filed. |
| Jul. 27, 1989 | Petition to Intervene filed. |
| Jul. 26, 1989 | Motion for Extension of Time to Answer Interrogatories filed. |
| Jul. 24, 1989 | Notice of Service of Answers to Florida Power & Light Company`s First Interrogatories to the Department of Community Affairs filed. |
| Jul. 17, 1989 | Notice of Filing Alternate Corridor Proposal No. 1 by the William Lyon Company, STS Land Associates, L. P. Hollywood Palms, Inc. and Silver Lakes Partnership filed. |
| Jul. 13, 1989 | Order(time for filing proposals for alternative corridors is extended until 08/11/89) sent out. |
| Jul. 11, 1989 | Motion for Extension of Time filed. |
| Jul. 03, 1989 | CC of Letter to J. Norton from J. Kelly (cc of report of application)rec'd |
| Jun. 29, 1989 | Notice of filing by Martin County of Final Report on Levee-Midway Transmission Line Corridor Proposal of Florida Power & Light Company & attachment filed. |
| Jun. 29, 1989 | Notice of Filing Final Report of Dade County filed. |
| Jun. 28, 1989 | Notice of Service of First Interrogatories to Jeff Reisburg filed. |
| Jun. 28, 1989 | Notice of Filing Final Report of Broward County & attachment filed. |
| Jun. 27, 1989 | Order(Final agency reports due by 07/07/89) sent out. |
| Jun. 26, 1989 | Notice of Service of First Interrogatories to Kenneth G. Savage, Robert Povey and Harold Wideman filed. |
| Jun. 23, 1989 | Notice of Filing Agency Report of the Treasure Coast Regional Planning Council & attached Report filed. |
| Jun. 22, 1989 | Notice of Service of First Interrogatories to South Florida Water Management District filed. |
| Jun. 22, 1989 | Notice of Service of First Interrogatories to the Treasure Coast Regional Planning Council filed. |
| Jun. 22, 1989 | Notice of Service of First Interrogatories to the Centrust Savings Bank filed. |
| Jun. 22, 1989 | Notice of Service of First Interrogatories to the Shenandoah Community Association filed. |
| Jun. 22, 1989 | Notice of Service of First Interrogatories to Robert Povey and HaroldWideman filed. |
| Jun. 22, 1989 | Notice of Service of First Interrogatories to Martin County filed. |
| Jun. 22, 1989 | Notice of Service of First Interrogatories to the City of Coral Springs filed. |
| Jun. 22, 1989 | Notice of Service of First Interrogatories to Hollywood Lakes Country Club, Inc. filed. |
| Jun. 22, 1989 | Notice of Service of First Interrogatories to the William Lyon Company filed. |
| Jun. 22, 1989 | Notice of Service of First Interrogatories to Savin Groves and Kenneth G. Savage filed. |
| Jun. 22, 1989 | Notice of Service of First Interrogatories to Indian Trail Grove, Limited and Irving Cowan filed. |
| Jun. 16, 1989 | Motion for Extension of Time filed. |
| Jun. 13, 1989 | CC Letter to Mr. Oven from J. K. Hall & attachment filed. |
| Jun. 12, 1989 | CC Letter to J. M. Norton from J. K. Hall filed. |
| Jun. 09, 1989 | Notice of Proposed Location for Town of Davie Certification Hearing filed. |
| Jun. 08, 1989 | CC Letter to J. M. Norton from J. K. Hall filed. |
| Jun. 08, 1989 | Notice of Filing Preliminary Report of The South Florida Regional Planning Council (+ attachments) & cover letter from S. Goren filed. |
| May 30, 1989 | Town of Davie's Preliminary Agency Report filed. |
| May 30, 1989 | Notice of Substitution of Parties & cover Letter filed. |
| May 26, 1989 | Notice of Filing Preliminary Report of Dade County & attachment filed. |
| May 26, 1989 | Town of Davie's Preliminary Agency Report filed. |
| May 17, 1989 | South Florida Water Management District`s Motion to Amend Prehearing Schedule and to Adopt Discovery Guidelines, and Response to Florida Power and Light Company`s Motion to Amend Prehearing Schedule and to Adopt Discovery Guidelines filed. |
| May 09, 1989 | Joint Response to Petitioner Florida Power and Light Company`s Motion to Amend Prehearing Schedule and Motion to Establish Discovery Guidelines filed. |
| May 01, 1989 | Order(Petition to Intervene Granted) sent out. |
| May 01, 1989 | Letter to RTB from D. R. Hall filed. |
| Apr. 28, 1989 | (centrust Savings Bank) Petition for Intervention (+ exhibit A-B) filed. |
| Apr. 19, 1989 | Request for Production of Documents filed. |
| Apr. 17, 1989 | St. Lucie County's Notice of Intent to Participate as a Party filed. |
| Apr. 14, 1989 | Response to Second Sufficiency Statement & attachments filed. |
| Apr. 11, 1989 | Order sent out. (Petition to Intervene denied) |
| Apr. 11, 1989 | Petition to Intervene filed. |
| Apr. 03, 1989 | Petition to Intervene filed. |
| Apr. 03, 1989 | Notice of Substitution of Counsel & cover Letter filed. |
| Mar. 31, 1989 | Order sent out. (Motion to intervene is granted, motion for change of venue denied; hearing on sufficiency will take place in Broward Co on either 4-26-89 of 5-5-89; The prehearing conference set for 4-3-89 and the hearing set for 4-28-89 are continued; |
| Mar. 29, 1989 | CC Letter to RTB from A. J. Clememte & attachments filed. |
| Mar. 29, 1989 | Martin County and Palm Beach County's Joint Motion to Adopt Prehearing Schedule & attachments filed. |
| Mar. 27, 1989 | Petition to Intervene filed. |
| Mar. 27, 1989 | Notice of City of Tamarac Intent to Participate as a Party & cover Letter filed. |
| Mar. 27, 1989 | Notice of Intent to Participate as a Party filed. |
| Mar. 22, 1989 | CC Letter to J. M. Norton from R. Shelley & attachment filed. |
| Mar. 22, 1989 | Martin County's Request for Public Hearing filed. |
| Mar. 22, 1989 | Notice of Intent to be a Party filed. |
| Mar. 21, 1989 | Response to Order Of March 13, 1989 filed. |
| Mar. 20, 1989 | Petition to Intervention w/exhibit-A filed. |
| Mar. 17, 1989 | Notice of Intent to Participate as a Party filed. |
| Mar. 15, 1989 | Response to Sufficiency Statement w/exhibit-1 filed. |
| Mar. 14, 1989 | Order sent out. (Joint motion for additional extension of time to respond to sufficiency statement is granted.) |
| Mar. 13, 1989 | Order sent out. (Prehearing conference) |
| Mar. 13, 1989 | Notice of Hearing sent out. (hearing set for 4-10-89, 10:00a, Ft Laud) |
| Mar. 13, 1989 | CC Letter to RTB from Dr. H. Larry Bender filed. |
| Mar. 02, 1989 | Notice of Appearance filed. |
| Feb. 28, 1989 | Motion for Ruling on Party Status and for Determination of Completeness and Sufficiency of Application w/exhibits A-C & exhibit-2 + attachment filed. |
| Feb. 27, 1989 | Notification of Intent to be A Party filed. |
| Feb. 24, 1989 | Department of Environmental Regulation and Florida Power & Light Company's Joint Motion for Extension of Time to Respond to Sufficiency Statement filed. |
| Feb. 24, 1989 | Petition to Intervene w/exhibits A&B filed. |
| Feb. 20, 1989 | Notice of Intent to be a Party filed. |
| Feb. 10, 1989 | CC Letter to D. Ferrell from H. S. Oven, Jr. filed. |
| Jan. 17, 1989 | Request for Assignment of Hearing Officer and Notice of Preservation of Record; Electrical Power Plant Siting Documents; & Levee-Midway Transmission Line Binder Volume 1 / Application for Corridor Certification |
| Issue Date | Document | Summary |
|---|---|---|
| Mar. 02, 1990 | Recommended Order | Certification of transmission line corridor. Specific environmental impacts cannot be itemized until corridor is certified and right-of-way is determined. |
