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: Bergeron Properties and Investment Corp.
c/o Ron Bergeron
19612 SW 69th Place
Pembroke Pines, FL 33332
WATERWAY AND LOCATION: The project would affect wetland waters of the United States associated within the South New River Canal sub-watershed (HUC 030902061205). The site is located south of Sheridan Street, within Section 1, Township 51 South, Range 39 East, Pembroke Pines, Broward County, Florida
Directions to the site are as follows: Proceed on I-95 to exit 21 and proceed west on Sheridan Street approximately 19 miles. The destination will be on your left on the south side of Sheridan Street.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.028447°
Longitude: -80.414431°
PROJECT PURPOSE:
Basic: The basic project purpose is to construct a commercial development.
Overall: The overall project purpose is to construct a commercial development in Broward County, Florida.
PERMIT HISTORY: A Corps permit issued on January 3, 2011 (SAJ-2009-01464 (IP-LCK) authorized fill of approximately 5.57 acres of herbaceous wetlands for construction of a commercial development for a storage facility and associated infrastructure. The proposed facilities were not constructed.
EXISTING CONDITIONS: The 9.78 acre project site is undeveloped lands. The property includes 2.22 acres of uplands and 7.56 acres of freshwater wetlands.
The vegetative community on site consists primarily Bacopa monnieri (herb of grace), Centella erecta (stiff spadeleaf), Hydrocotyle americana (marsh pennywort), Stenotaphrum secundatum (St. Augustine grass), Sporobolus indicus (smut grass), and Phyla nodiflora (frog fruit). There are few scattered Melaleuca quinquenervia tree present throughout the site. The site community type is described as improved pasture. The northern 1.29 acre upland portion of the site is a part of existing right away associated with Sheridan Street.
PROPOSED WORK: The applicant proposes construction of a commercial storage facility. The proposed 9.78-acre project entails impacts to 5.57 acres of wetland waters of the US requiring the placement of approximately 36,108-cubic yards of fill, and onsite wetland mitigation consisting of creation of 0.05 acres of wetlands, restoration of 1.99 acres of wetlands, and creation of a 0.45 acre wetland buffer.
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:
“This project is designed to meet South Broward Drainage District (2015 Criteria Manual) and South Florida Water Management District criteria for stormwater quality and quantity (2014 Applicant Handbook Volume II). Proposed stormwater management system designed to contain the pretreatment volume requirement for commercial projects (0.26 acre-feet), and route 100% of the project's water quality volume (0.55 acre-feet) via perimeter swale towards an upland dry retention pond for treatment. Discharge from onsite uplands to onsite wetlands, and from onsite wetlands to offsite receiving waters do not occur until flood staging exceeds the 25-year 3-day design storm, consistent with drainage district design standards. The proposed site plan was designed to minimize potential impacts and maximize potential for wetland restoration by siting the proposed access, storage structures, parking and amenities in the northern half of the site, with the storage yards, retention and proposed mitigation situated on the southern half of the site. Given the proposed business and existing traffic features, proposed access will be centralized along Sheridan Street to utilize the existing turn lanes.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“Unavoidable impacts to wetland waters of the US will be compensated for through onsite permittee responsible mitigation consisting of creation of a 2.49 acre wetland mitigation area consisting of enhancement of 1.99 acres of wetlands, creation of 0.05 acres of wetlands, and creation of a 0.45 acre wetland buffer.”
CULTURAL RESOURCES:
The Corps is aware of historic property/properties within or in close proximity of the permit area. The Corps will initiate consultation with the State Historic Preservation Office and if applicable, those federally recognized tribes with concerns in Florida and the Permit Area as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.
ENDANGERED SPECIES:
The project is within the range and consultation area of the threatened eastern indigo snake (Drymarchon corais couperi), Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida’s Bonneted Bat (Eumops floridanus), and wood stork (Mycteria americana).
• The project site is located in an area where the eastern indigo snake may occur. The Corps has determined the proposal may affect the eastern indigo snake. The project site contains approximately 9.78-acres of potential eastern indigo snake habitat. By use of the FWS revised Eastern Indigo Snake Key dated August 1, 2017, the following key sequence A>B>C
• The project is within the consultation area for the Everglades Snail Kite. Kite foraging habitat consists of relatively shallow wetland vegetation, either within extensive marsh systems, or in lake littoral zones. Snail kite nesting substrate is typically located over open water at a distance of approximately 150 meters from the edge of water to provide protection to the nest. The wetland present on site may provide foraging habitat for the Everglades snail kite. The trees on site, primarily melaleuca, are not likely suitable for nesting. The applicant will be enhancing and expanding part of the onsite wetlands to mitigate for impacts to wetlands proposed. Based on the above information, the Corps has determined that the proposed work is not likely to adversely affect the Everglades Snail Kite.
• The project is located within the species consultation area for the Florida Grasshopper sparrow. However, suitable habitat (dry prairie that is relatively open and low in stature, treeless, relatively poorly-drained grasslands that have a history of frequent fires) is not found on site. The 5.57 acres of herbaceous wetlands onsite contain dense ground cover and are not subject to fire regimes. Therefore, the Corps has determined that the proposed work would have no-effect on the Florida Grasshopper Sparrow.
• The proposed activity is located within the Consultation Area for the Florida bonneted bat and the Urban Bat Area. The Florida Bonneted Bat Consultation Key Guidelines (2019) state that projects within the Urban Bat Area cannot utilize the programmatic key. Due to the presence of some suitable roosting trees and foraging areas, the applicant will be required to provide a limited roost survey for the proposed work. Corps determination will be dependent on the results of the survey.
• Not Likely to Adversely Affect the wood stork. The applicant has proposed compensation for wetland impacts through the use of onsite wetland mitigation. By use of the FWS 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) determination. Any loss of wood stork foraging biomass resulting from the proposed activity will be compensated for through the proposed onsite mitigation. The applicant will be required to provide a prey based foraging analysis for the proposed impacts and mitigation.
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 proposal would impact approximately 5.57 acres 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 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 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, Trey Fraley, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at robert.h.fraley@usace.army.mil, or, by telephone at (561) 472-3526.
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.