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).

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.

SAJ-2021-02786 (SP-CGK)

USACE Jacksonville District
Published Oct. 14, 2021
Expiration date: 11/5/2021
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), Section 404 of the Clean Water Act (33 U.S.C. § 1344) and Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 408). (33 U.S.C. § 1344). as described below:

APPLICANT: South Florida Water Management District
Attn: Holly Andreotta
4900 South University Drive, Suite 207
Davie, Florida 33328

WATERWAY AND LOCATION: The project would affect waters of the United States within the L-6 Canal located at the S-6 Pump Station, which is adjacent to the western side of the Loxahatchee National Wildlife Refuge, in Palm Beach County, Florida.

Directions to the site are as follows: The S-6 Pump Station (PS), associated with STA-2, is located at the south termination point of the L-15 Canal, and adjacent to the intersection of four levee systems: L-7, L-15, L-39, and L-6. The L-15 west access road crosses over a concrete box culvert connection between the L-15 canal and the L-6 spur canal approximately 150 feet upstream of the S-6 PS trash rake bridge. There is no levee at the proposed project location on the west side of L-15.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.472611°
Longitude: -80.446449°

PROJECT PURPOSE:

Basic: The basic project purpose involves flood control canal improvements.

Overall: The overall project purpose involves improvements to an existing flood control canal in Palm Beach County, Florida.

EXISTING CONDITIONS: The project site is at an existing flood control canal known as the L-6, which is part of the Central & South Florida (C&SF) flood control canal system. The project area within the L-6 generally bisects natural wildlife and wetland habitat of the Loxahatchee National Wildlife Refuge as well as adjacent, undisturbed areas and agricultural areas. Surrounding the canal includes existing access roadways and bridges, as well as undeveloped herbaceous vegetation. Additional information about the existing undeveloped areas within the impact vicinity are still pending from the applicant.

PROPOSED WORK: The applicant seeks authorization for improvements to an existing flood control canal. The associated proposed work includes the relocation of a 121.5 square foot USGS-shared observation deck, consisting of a 19.5-foot by 3-foot access pier and a 14-foot by 4.5-foot terminal platform; and (1) dredging 5,727 cubic yards (CY) of substrate, (2) placing 236 CY of clean sand fill, (3) placing 215 CY of bedding stone fill, and (4) placing 855 CY of riprap at 3 individual locations within the canal. The dredged material will be temporarily stockpiled in uplands and reused for future work. Other work includes the construction of a bridge over the canal and improvements to the existing access road. The specific dimensions at the three individual locations are as follows:

Location 1: Bridge:

Dredge: 5,720 CY
Fill: 10 CY
Bedding Stone Fill 213 CY
Rip Rap Fill: 850 CY
Rip Rap Area: 0.263 Ac.
Total Dredge/Fill Area: 0.607 Ac

Location 2: Southwest of the pump station:

Fill: 205 CY
Total Dredge/Fill Area: 0.039 Ac

Location 3: USGS deck:

Dredge: 7 CY
Fill: 21 CY
Bedding Stone Fill 1.65 CY
Rip Rap Fill: 5 CY
Total Dredge/Fill Area: 75 SQ FT”

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:
• Only clean fill materials will be used
• Erosion control measures will be used during construction
• Best management practices including silt screens and turbidity barrier will be utilized throughout the duration of construction

COMPENSATORY MITIGATION –

The applicant has proposed to compensate wetland impacts by purchase of credits at a mitigation bank.

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 Corps has preliminarily determined the proposed project may affect, but is not likely to adversely affect the Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida’s Bonneted Bat (Eumops floridanus), Wood Stork (Mycteria americana), and Eastern Indigo Snake (Drymarchon couperi corais). The Corps will request U.S. Fish and Wildlife 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. No EFH is located within or areas affected by the project as the project waters include a freshwater flood control canal. 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.

SECTION 408: The proposed activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project and is therefore subject to Section 14 of the Rivers and Harbors Act (33 USC 408). On 25 September 2021, Engineering issued Section 408 approval under file number 408-2021-0023, indicating that the proposed work is in accordance with 33 U.S.C. 408.

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 yet 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, Christian Karvounis, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Christian.G.Karvounis@usace.army.mil; or, by telephone at (561) 472-3508.

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.