Public Notice Notifications

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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).

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SAJ-2007-00768(MOD-SLR)

Published Oct. 28, 2019
Expiration date: 11/14/2019
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: Palm Beach County
Department of Public Works
P.O. Box 21229
West Palm Beach, Florida 33416

BACKGROUND: A DA permit was issued April 18, 2013 authorizing the placement of fill and excavation to approximately 2.50 acres of wetlands and the filling of 0.12 acres of an Indian Trails Improvement District (ITID) canal in order to construct road intersection improvements by expanding the existing two-lane Seminole Pratt Whitney Road from south of Northlake Boulevard to Northlake Boulevard into a four lane roadway section and by expanding the existing two-lane Northlake Boulevard from Seminole Pratt Whitney Road to 1,920 feet east of Seminole Pratt Whitney Road into a four lane roadway section. The intersection improvements included the construction of a wet retention pond south of Northlake Boulevard and two culvert headwalls which included a total of approximately 200 cubic yards of riprap placed within the ITID canal. To offset impacts to wetlands, the applicant was required to enhance and preserve a 14-acre area of wetlands within Palm Beach County's Pine Glades West Natural Area. By letter dated September 1, 2016 the permit was modified to extend the permit expiration to April 18, 2020 and to the modification of the permitted dry retention pond.

WATERWAY AND LOCATION: The project is located within waters of the U.S. along the existing Northlake Boulevard and Seminole Pratt Whitney Road, south of Northlake Boulevard (Sections 18 & 19, Township 42 South, Range 41 East) in Palm Beach County, Florida.

Directions to the site are as follows: From I-95 in Palm Beach County, take the Northlake Boulevard exit. Continue west on Northlake Boulevard until you get near the intersection with Seminole Pratt Whitney Road. The project is located adjacent to Northlake Boulevard intersection with Seminole Pratt Whitney Road.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.8109°
Longitude: - 80.2915°

PROJECT PURPOSE:

Basic: The basic project purpose is transportation.

Overall: The overall project purpose is to expand an existing roadway in western Palm Beach County.

EXISTING CONDITIONS: The project site consists of two existing roadways, a roadway intersection, uplands adjacent to roadways, a 2.26 acre wetland and an ITID canal. The project will impact a mostly herbaceous wetland with some red bay (Persea palustris) and dahoon holly (Illex cassine). The wetland contains St. John's Wort (Hypericum spp.), dog fennel (Eupatorium spp.), wax myrtle (Myrica cerifera), yellow eyed grass (Xyris spp.) and maidencane (Amphicarpum muhlenbergianum). Wetland is being impacted by melaleuca. The existing area surrounding the project site consists of low density residential development.

PROPOSED WORK: The applicant seeks authorization to extend the permit expiration date to April 18, 2022 in order to complete the work authorized under the 2013 DA Permit. The following is the project description authorized under the 2013 DA Permit:

“The project is to fill and excavate approximately 2.50 acres of wetlands and fill 0.12 acres of an Indian Trails Improvement District (ITID) canal in order to construct road intersection improvements by expanding the existing two-lane Seminole Pratt Whitney Road from south of Northlake Boulevard to Northlake Boulevard into a four lane roadway section and by expanding the existing two-lane Northlake Boulevard from Seminole Pratt Whitney Road to 1,920 feet east of Seminole Pratt Whitney Road into a four lane roadway section. The intersection improvements include the construction of a wet retention pond south of Northlake Boulevard and two culvert headwalls which include a total of approximately 200 cubic yards of riprap placed within the ITID canal. To offset impacts to wetlands, the applicant shall enhance and preserve a 14-acre area of wetlands within Palm Beach County's Pine Glades West Natural Area.”

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

The applicant avoided wetlands by utilizing an existing corridor as opposed to constructing a new corridor that would likely result in greater impacts to wetlands and natural areas. The applicant minimized wetland impacts to the maximum extent practicable. The project requires the use of a wet retention pond to store and treat runoff from the additional impervious area associated with the road widening. Based on the "Pond Siting Report" submitted by the County, the County-acquired parcel where wetland impacts are proposed was the only undeveloped parcel of sufficient size and appropriate location to meet the required stormwater treatment/conveyance criteria for the project while minimizing wetland impacts and project costs. To further reduce the wetland impacts, the applicant reduced the proposed lane width from 12 feet to 11 feet. The applicant will be required to utilize best management practices including turbidity and erosion controls and will be required to comply with the Standard Protection Measures for the Eastern Indigo Snake.

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

The project will directly impact 2.50 acres and secondarily impact 0.58 acres of four separate wetlands. A total Uniform Mitigation Assessment Method (UMAM) functional loss of 0.78 was assessed for the direct and secondary impacts to the wetlands. Due to the low quality of the ITID canal, and the limited impact area, no compensatory mitigation was required for the culvert headwall and riprap fill areas. As mitigation for the proposed direct and secondary impacts to wetlands, the applicant will be required to enhance and preserve a 14-acre portion of the Pine Glades West Natural Area. The mitigation area will be managed in accordance with the County's Pine Glades Natural Area Management Plan and preserved under a passive recreational conservation easement in favor of the South Florida Water Management District (SFWMD). The Corps has assessed a total UMAM functional gain (FG) of 0.81 for the mitigation proposed.

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 those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood stork (Mycteria Americana) and the Eastern indigo snake (Drymarchon corais couperi).

Wood stork: Potential effects to the threatened Wood stork were assessed using the Programmatic Concurrence Key dated May 18, 2010. Use of this key produced the sequential determination of A-B-C-E-MANLAA.

Eastern indigo snake: As the project site is located within the range of the Eastern indigo snake, potential effects to the species were assessed using the Programmatic Effect Determination Key provided by the USFWS South Florida Ecological Services Office (Revised July 2017). Use of this key produced a sequential determination of A-B-C-D-E-MANLAA.

USFWS stated that for proposed activities analyzed with the Wood stork and Eastern Indigo Snake Programmatic Effect Determination Keys that reach a MANLAA, the USFWS concurs with this determination and no further consultation is necessary for the effects of the proposed action.

The Corps has determined the proposal would have no effect on any 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. Due to the project’s location in freshwater artificial surface waters and lacustrine emergent wetlands, the proposed action would not have an 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 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 15 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, Samantha L. Rice, in writing at the at the address listed above; by electronic mail at Samantha.L.Rice@usace.army.mil; by facsimile transmission at (561)626-6971; or, by telephone at (561)472-3536.

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.