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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: South Florida Water Management District
3301 Gun Club Road
West Palm Beach, FL 33406
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Bolles Canal East (L-16). The project site is located within the Everglades Agricultural Area (EAA) in Sections 14 & 23, Township 45 South, Range 36 East, Sections 1, 2, &11, Township 45 South, Range 36 East, Sections 36, Township 44 South, Range 36 East, Sections 22 through 30, Township 44 South, Range 37 East, Sections 19 & 20, Township 44 South, Range 38 East, Palm Beach County, Florida.
Directions to the site are as follows: From I-95, exit onto State Road 80/ Southern Blvd and drive to the town of Belle Glade. Upon arriving in Belle Glade, head south on 1st Avenue, then make a left turn and head south on US 27. Bolles Canal East begins approximately 3.8 miles from the west side of US 27.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.611297°
Longitude: -80.684545°
PROJECT PURPOSE:
Basic: increase conveyance capacity
Overall: Increase the conveyance capacity of the Bolles Canal East in western Palm Beach County.
EXISTING CONDITIONS: The Bolles Canal East runs east-west for approximately 8.9 miles and provides a hydrologic connection between the Hillsboro Canal (L-15) and the North New River Canal (L-19/L-20) through passive flow. The canal currently serves adjacent agricultural landowners by supplying them with irrigation water and drainage. Adjoining properties regularly conduct controlled burns for the harvesting of sugarcane, and the canal is barren of aquatic resources and shoreline wetlands. The canal has limited hydraulic capacity due to its shallowness as well as constrictions at existing bridged crossings. The canal discharges water during storm events by splitting the flow of water east or west. During dry periods when irrigation demand is high, landowners have reported that the canal runs dry. The expansion of Bolles Canal East is a component of the Restoration Strategies Regional Water Quality Plan. The project aims to increase the capacity of the canal and move water more efficiently into downstream Stormwater Treatment Areas (STAs), Reservoirs, and Flow Equalization Basins (FEBs) throughout the Everglades Agricultural Area (EAA) to help improve water quality. On 05 August 2015, the Corps issued a permit (SAJ-2015-01257 (SP-PNK)) to improve the conveyance capacity of an 8.9 mile segment of the Bolles Canal East from the Hillsboro Canal to the North New River Canal (NNRC), and maintenance dredge two areas of the NNRC. The project would result in the expansion of the Bolles Canal East to 90-120 feet wide and 13 feet deep at ordinary high water (-2 feet NAVD) and construction was divided into 5 segments. SFWMD has completed Segments 1-3, and Segment 4 construction is expected to be substantially complete by November 2021. Segment 5 construction is expected to initiate in December 2021 or early 2022.
PROPOSED WORK: The applicant seeks authorization to mechanically dredge 267,000 cubic yards of material from a 17.7 acre area to an elevation of -5 NAVD 88 within Segment 4. The applicant also seeks authorization to mechanically dredge 156,800 cubic yards of material from a 9.9 acre area to an elevation of -5 NAVD 88 within Segment 5. Material will be excavated using a tracked excavator and placed in uplands along the south side of the canal to form a berm.
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:
The purpose of this project is to improve conveyance capacity for flood control and the project is only impacting as much area as required to improve conveyance within the Bolles Canal East. Effective means of sedimentation and erosion control devices (BMPs) shall be employed during all activities that may create turbidity within the work zone and shall remain in place until the area is stabilized. Turbidity monitoring will be conducted per conditions of the FDEP permit during activities that could result in project-generated turbidity levels beyond the work area that have the potential to be discharged to receiving water bodies.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
No adverse impacts to wetlands or submerged aquatic vegetation are anticipated to result from the proposed activities, therefore no compensatory mitigation is required.
CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.
ENDANGERED SPECIES:
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. The proposal would not impact EFH utilized by various life stages of utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. 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, FL 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, Virginia King, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410 or by electronic mail at Virginia.E.King@usace.army.mil
ADDITIONAL INFORMATION: After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time.
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, aesthetics, 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.
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.
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.