TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: St. Johns River Water Management District
Attn: Dr. Ann Shortelle
4049 Reid Street
Palatka, Florida 32177
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the north end of Lake Apopka and the Lake Apopka North Shore Restoration Area in Sections 2 and 11, Township 21 south, Range 26 east and Sections 26-28 and 33-35, Township 20 South, Range 26 East, Lake County, Florida.
Directions to the site are as follows: From the intersection of US-441 and CR-414, travel NW on US-441/Orange Blossom Trail for 3.9 miles and then turn left on to West Jones Avenue. Stay on West Jones Avenue (which becomes Duda Road) for 3.7 miles and proceed to turn left on County Road 448A. Continue on CR-448A for 0.5 miles then turn right on to CR-48. Travel 1.2 miles to the Nutrient Reduction Facility site. Access to the site is then off road or on foot to the south.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 28.661861°
Longitude: -81.672275°
PROJECT PURPOSE:
Basic: The basic project purpose is maintenance dredging to improve navigation.
Overall: The overall project purpose is to maintenance dredge a navigation channel from the mouth of the Apopka-Beauclair to the northwestern portion of Lake Apopka.
EXISTING CONDITIONS: Lake Apopka is a large shallow subtropical lake in central Florida. It is the fourth largest lake in the state (approximately 31,000 acres) and has been historically cited as the most severely polluted lake in Florida. The lake forms the headwaters of the Ocklawaha Chain of Lakes, which includes Lake Beauclair and numerous other downstream lakes. Outflows from Lake Apopka are a major factor in the eutrophication (oxygen depletion due to the presence of excess nutrients) of Lake Beauclair as a result of increased phosphorus loading, which occurred during the early 1900’s and accelerated after the establishment of muck farms around Lake Apopka in the 1940’s. A potential detrimental factor in the aquatic environment of Lake Apopka is a layer of unconsolidated flocculent sediments (UCF) that cover much of the lakebed and act as an internal loading source of phosphorous. The applicant has undertaken and initiated several dredge project to remove UCF from the lake bed.
The area identified for UCF dredge spoil deposition is a former muck farm on the west side of the Apopka Beauclair canal that is currently owned by the St. Johns River Water Management District. A portion of this area, identified as Cells F and G of the West Marsh, are proposed as the deposition site for the current project. The soils in these cells contain a relatively high level of contaminants from historic agricultural practices. These soils were previously partially capped by dredged sediments from Lake Beauclair and are currently being capped with sediment resulting from the Lake Apopka Experimental Sump (AES) dredge project. The AES work commenced in 2017 with the goal of creating three large sumps in the lake bottom that will accumulate UCF and allow for more efficient dredging removal of the sediments in the future.
The accumulation of UCF has also had a measurable impact on navigation within Lake Apopka. Historically a navigation channel extended from the mouth of the Apopka Beauclair Canal to the northwest portion of Lake Apopka. UCF has backfilled this channel overtime.
PROPOSED WORK: The applicant seeks authorization to dredge 5,000 cubic yards of material from the lake bottom to restore a 2,400-foot-long by 50-foot-wide navigation channel extending from the mouth of the Apopka-Beauclair Canal to the previously authorized dredge sumps located in the northwest portion of Lake Apopka. The proposed dredging would return the channel to its -5 feet control depth at the mouth of the canal and gradually decrease to -1 foot 600 feet from the canal entrance to 2,400 feet from the canal entrance. In addition, the applicant seeks authorization to discharge the dredge material into a 640 acre area of Cells F and G. Dredged material would be transported from the point of dredging to Cells F and G using a standard hydraulic dredge pipeline configuration. The pipeline would utilize a combination of floating on-water segments and land segments along the Apopka Beauclair canal. Floating and land based booster pumps would be utilized along the pipeline route as necessary.
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:
According to the applicant, the removal of organic sediments from Lake Apopka with the subsequent discharge of these of sediments atop contaminated soils in the West Marsh, would result in enhancement and remediation to Lake Apopka and the adjacent North Shore Restoration Area. Thus, the proposed project would not cause a loss of function or value to the aquatic environment, wetlands or other waters of the United States.
The applicant proposes to utilize best management practices including turbidity and erosion controls to ensure that sediments and turbidity would not escape the authorized work area. According to the applicant, any impacts to adjacent wetlands will be incidental and temporary in nature.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
According to the applicant, the aquatic environment impacts associated with the proposed project would not result in a loss of wetland function or value. To the contrary, the applicant asserts that the proposed project would result in an increased water quality and wetland function and value within the project area. Therefore, the applicant did not propose any compensatory mitigation in conjunction with the proposed project.
CULTURAL RESOURCES: The Corps is aware of historic property/properties within or in close proximity of the permit area. In March 2018, the applicant completed a Cultural Resources Assessment Survey of the proposed dredge area. In summary, the report revealed that all but two of the potential anomalies that suggest the presence of a potential resource are located in the shallow muck layer that is less than 75 years old. The remaining two anomalies are located outside of the proposed dredge channel limits within the sediment sloughing area. The applicant states that these anomalies are located deeper than the maximum depth of the sloughing that would result from the proposed dredging. In light of these facts, the applicant stated that the proposed project has no potential to cause effect to any historic properties or cultural resources.
The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.
ENDANGERED SPECIES:
(a) Wood Stork: The Corps has determined the proposed project is not likely to adversely affect (NLAA) the wood stork. Since the applicant’s proposal involves construction within suitable foraging habitat for wood storks, the Corps utilized The Corps of Engineers, U.S. Fish and Wildlife Service (FWS), Jacksonville Ecological Services Field Office, and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida, September 2008 (key) to evaluate the proposed project’s potential impact on wood storks. Use of the key produced the following sequence indicating that that the project is not likely to adversely affect (NLAA) the wood stork: ABCDE couplet 1. The project site is located within the core foraging area of the Lake Yale Nesting Colony (612027) and could potentially impact 640+/- of suitable foraging habitat. However, this colony is located approximately 14.5 miles north of the project site. Also, the applicant contends that the project would result in the long term enhancement and remediation of 640 acres suitable foraging habitat in cells F and G. The impacts to suitable foraging habitat that would preclude would stork use of the area would be temporary. In light of this fact, the applicant contends that the key supports a NLAA determination for the Wood stork and no further consultation with USFWS is necessary. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
(b) Everglades Snail Kite: The project site is located within the consultation area of the snail kite. However, the proposed work would not result in permanent, detrimental impacts to the wetlands within project site. Any detrimental impacts to snail kite feeding or resting areas would be temporary in nature. According to the applicant, the post project condition of the project site would exhibit improved water quality and enhanced wetland function. Therefore, the proposed project is not likely to adversely affect the Everglades Snail Kite. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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 proposed project would occur in a freshwater lake that does not support any anadromous of catadromous fishery resources. Therefore, our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the in the Atlantic Ocean / Gulf of Mexico. 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 Tampa Permits Section, Gainesville Field Office, 2833 NW 41st St. Unit 130, Gainesville, FL 32606within 30 days from the date of this notice.
The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.
QUESTIONS concerning this application should be directed to the project manager, James “Bo” Davidson, in writing at the Tampa Permits Section, Gainesville Field Office, 2833 NW 41st St. Unit 130, Gainesville, FL 32606; by electronic mail at james.e.davidson2@usace.army.mil; by facsimile transmission at (352)264-7733; or, by telephone at (352)264-7672.
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.