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The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

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SAJ-2018-00301(SP-KDS)

Posted: 2/5/2018

Expiration date: 2/26/2018


TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:

APPLICANT: 13FH Palm Beach, LP
                      848 Brickell Avenue PH 1
                      Miami, Florida 33131

WATERWAY AND LOCATION: The project site is located at 14800 Cumberland Drive, Delray Beach, Section 15 and 16, Township 46 South, Range 42 East, Palm Beach County, Florida. The project site is bordered by Lake Ida Road to the north, Hagen Ranch Road to the west, Atlantic Avenue to the south and Jog Road to the east.

Directions to the site are as follows: Florida's Turnpike from PGA Boulevard, head south for 23 miles on Florida's Turnpike to FL-804 W. Take exit 81, turn left and head east onto FL-806/Atlantic Avenue for 1.7 miles, then turn left and head north onto Cumberland Drive. The site is at the northern end terminus of Cumberland Drive.

APPROXIMATE CENTRAL COORDINATES:

Latitude:      26.460556°
Longitude: -80.155556°

PROJECT PURPOSE:

Basic: Residential development

Overall: The overall project purpose is construction of a single family residential development in the Delray Beach market area of Palm Beach County.

EXISTING CONDITIONS: The 107.6 +/- acre project area is currently developed as a golf course. There are 85.2 +/- acres of existing golf course and 22.4 +/- acres of Non-Wetland Waters of the U.S. (golf course lakes/water hazards). There are no wetland Waters of the U.S. present on the subject property. The existing area surrounding the project area consists of residential development.

PROPOSED WORK: The applicant proposes to place approximately 180,000 cubic yards of fill within 16.1 +/- acres of Non-Wetland Waters of the U.S. and excavate 6.3 +/- acres of Non-Wetland Waters of the U.S. (golf course lakes/water hazards). The fill and excavation are necessary to redevelop a golf course and construct a single family residential community with associated amenities in the Delray Beach market area of Palm Beach County. The work consists of the construction of residential buildings, roadways, parking areas, a recreational tract, and surface water management system.

AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

There are no wetlands or other natural habitats on site. The 22.4 +/- acres of non-wetland waters were created in the 1970s (more than 40 years ago) when the golf course and the “Villages of Oriole” were developed. The proposed surface water management system will incorporate portions of the existing lakes while filling others.
The geometric layout and man-made origin of the existing ponds (Non-Wetland Waters of the U.S.) are the result of historic and ongoing golf course operations on the property. Due to their continuous nature, avoidance of non-wetland waters is not practicable.

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

There are no wetlands on the site. Impacts are proposed to 22.4 +/- acres of Non-Wetland Waters of the U.S. The proposed surface water management system will result in a total of 48.5 acres of lakes to remain on the site post development condition, thus providing in-kind replacement and doubling the acreage of Non-Wetland Waters of the U.S.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and, if applicable, those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: The project is within the range and known consultation areas for the following species: Eastern indigo snake (Drymarchon corais couperi), wood stork (Mycteria americana), Everglade snail kite (Rostrhamus sociabilis plumbeus), and the Florida Scrub Jay (Aphelocoma coerulescens).

The site provides wood stork foraging habitat but does nesting does not occur on the property. By use of the U.S. Fish and Wildlife Service (USFWS) Wood Stork Key dated January 25, 2010 and the May 18, 2010 addendum, the following key sequence A>B>C>E would result in a “Not Likely to Adversely Affect” (NLAA). Any loss of wood stork foraging biomass resulting from the proposed activity will be compensated on site by the creation of a surface water management system (pond and vegetated littoral zones). A wood stork foraging biomass analysis has been prepared to evaluate the appropriateness of the proposed wood stork forage loss and gain. As indicated in the USFWS letter dated January 25, 2010 and the May 18, 2010 addendum, a determination of NLAA by use of the key indicates FWS concurrence and written concurrence of NLAA from the USFWS is not required: “With an outcome of “no effect” or “NLAA” as outlined in this key, and the project has less than 20.2 hectares (50 acres) of wetland impacts, the requirements of section 7 of the Act are fulfilled for the wood stork and no further action is required.”

By use of the USFWS Eastern Indigo Snake Key dated August 1, 2017, the following key sequence A>B>C>D would result in a “Not Likely to Adversely Affect” determination. The applicant proposes that the permit be conditioned to comply with U.S. Fish and Wildlife Service “Standard Protection Measures for the Eastern Indigo Snake” dated August 12, 2013. As indicated in the USFWS letter dated August 13, 2013, a determination of NLAA by use of the key indicates USFWS concurrence and that the requirements of Section 7 of the Act are fulfilled for the eastern indigo snake and no further action is required. Written concurrence of NLAA from the USFWS is not required.

No effect to the Everglade snail kite (Rostrhamus sociabilis plumbeus). The project area does not contain suitable forage (apple snails); however, the site is within the consultation area.

No effect to the Florida Scrub Jay (Aphelocoma coerulescens). The project area does not contain suitable scrub jay habitat (sand pine and xeric oak scrub, and scrubby flatwoods) therefore the Corps has determined the proposal would have no effect on Florida Scrub Jay.

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

ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The project site contains 1,086 of freshwater wetlands. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic region. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.

NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The jurisdictional line has not been verified by Corps personnel.

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

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410, within 21 days from the date of this notice.

The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.

QUESTIONS concerning this application should be directed to the project manager, Krista Sabin, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Krista.D.Sabin@usace.army.mil or, by telephone at (561)472-3506.

IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.

EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.

The US Army Corps of Engineers (Corps) is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the Coastal Zone Management Plan.

REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.

Jacksonville District Palm Beach County permit public notice U.S. Army Corps of Engineers USACE