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: 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 North New River Canal. The project site is located along the east side of State Road 27 beginning approximately 1 mile north of County Road 827 continuing south to the South Florida Water Management Districts’, A-1 Flow Equalization Basin (A-1 FEB), 17415 South U.S. Highway 27, Palm Beach County.
Directions to the site are as follows: From Palm Beach Gardens, take the Florida Turnpike south to exit 97 towards U.S. 98/Southern Boulevard, turn left onto Pike Road and right onto US 98 and continue on for 31.8 miles. Turn left onto U.S. 441, turn left towards CR 827A and turn right on to CR 827A. Turn right onto FL-827 and left onto U.S. 27 South.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.488103°
Longitude: -80.656196°
PROJECT PURPOSE:
Basic: Drainage improvements
Overall: Drainage improvements of the North New River Canal in Palm Beach County, Florida.
EXISTING CONDITIONS: The project occurs within a freshwater canal system which runs through active agricultural fields on both sides and along State Road 72. The spoil site is located at the Woerner parcel which is adjacent to the north end of the A-1 FEB and is within the Everglades Agricultural Area (EAA). The site contains agricultural wetlands formally used for sugar cane cultivation but that have since been abandoned due to acquisition by the South Florida Water Management District (SFWMD). The area has a series of canals and ditches that have drained the site. Wetlands onsite are of low quality with a high amount of exotic and nuisance vegetation present (dog fennel, torpedo grass, salt bush and Brazilian pepper).
PROPOSED WORK: The applicant seeks authorization to increase conveyance in the North New River Canal through the excavation of 850,000 cubic yards of sediment to will allow for an additional 200 cubic feet per second of flow between Lake Okeechobee and the A-2 Stormwater Treatment Area and Reservoir. Widening of the North New River Canal will be completed by mechanical excavation and deepening will be completed by hydraulic dredging. Work will take place in three segments, totaling 10.6 miles along the North New River Canal. Dredged material will be stored temporarily in a 350-acre section of the Woerner Tract Parcel north of the A-1 FEB to be used in the future for construction of the reservoir.
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:
Minimization and conservation measures:
1. Turbidity screening and diversion will be used to control effects to the drainage ditches and connected canals. Runoff from the construction site or storms shall be controlled, retarded and diverted to protect drainage courses by means of diversion ditches, benches and any measures required by area wide plans approved under paragraph 208 of the Clean Water Act. Temporary and permanent erosion and sedimentation control features or screening will be installed.
2. During construction, on-site staff will receive wildlife training from SFWMD and/or Corps qualified biologist, and the Contractor will be required to provide monthly wildlife sightings logs for threatened and endangered species, which will be submitted to the Fish and Wildlife Service (Service).
3. During construction, the Contractor will be responsible for keeping construction activities, including refueling and maintenance sites, under surveillance, management and control to avoid pollution of surface, ground waters and wetlands. The contractor is responsible for conducting all operations in a manner to minimize turbidity and shall conform to all water quality standards as prescribed by Chapter 62-302, State of Florida. Florida Department of Environmental Protection (FDEP).
4. Project construction shall not destroy migratory birds, their active nests, their eggs or their hatchlings. Monitoring for such would be required by the construction contractor. A buffer zone around active nests or nestling activity would be required during the nesting season.
5. All requirements to minimize entrapment for wildlife will be followed and coordinated with the Service during the design phase of the Project.
Federally and State Listed Birds (Endangered Species Act and Migratory Bird Treaty Act):
1. Standard protection measures regarding the wood stork and caracara shall be adhered to.
2. Standard protections for avian species will be implemented as developed in the Avian Protection Plan (2007) by the Service and SFWMD.
3. SFWMD has agreed to adhere to Service Snail Lite Management Guidelines for the Project, which includes minimizing impacts to snail kites during nesting season.
4. Qualified biologist form the SFWMD and/or the Corps will conduct monthly surveys during snail kite nesting season and will coordinate with the Service of potential nests area observed.
Eastern Indigo Snake
1. Standard protection measures regarding the indigo snake shall be adhered to.
Florida Panther
1. Protection measures for the panther will require all vehicles to adhere to the posted speed limits for off-road and improved-road travel.
2. All entrances to the project area will be secured with gates to control access.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The Woerner parcel is adjacent to the north end of the A-1 FEB and is within the EAA. The area does not support any habitat outside of the parcel and there is a high abundance of invasive plant species. There is limited access to wildlife due to the thickness of invasive vegetation. The parcel does not provide any downstream benefits. Wildlife utilization by birds and small to medium sized mammals is possible for foraging and roosting/denning. The system is rainwater driven and lacks hydrological connectivity other than a few agricultural ditches. Invasive vegetation will be cleared from the area in order to create the stockpile area. This will improve the quality of the habitat and allow for greater wildlife utilization.
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
THREATENED OR ENDANGERED SPECIES:
The Corps has determined the proposal may affect but is not likely to adversely affect the Florida Bonneted Bat (Eumops floridanus). The applicant submitted a limited roost survey that showed that roosting within the project limits is unlikely. Potential impacts to the species were assessed using the Florida Bonneted Bat Consultation Key, dated 22 October 2019. With an outcome of a pathway of 1A-2B-13B, no effect, the Corps has received a programmatic concurrence with our determination provided the applicant complies with the best management practices listed in Appendix D of the key.
The U.S. Fish and Wildlife Service (Service) has reviewed impacts associated with the proposed project pursuant to Section 7 and Section 9 of the Endangered Species Act under Service Consultation Code: 04EF2000-2018-F-0867. The Service concluded that the proposed project may affect, but is not likely to adversely affect the Everglade Snail Kite (Rostrhamus sociabilis plumbeus), Audubon's Crested Caracara (Caracara cheriway), and the wood stork (Mycteria americana), but would not adversely modify any species’ designated critical habitat.
The Service has also determined that the proposed project is not likely to jeopardize the existence of the Florida Panther (Puma concolor coryi) and the Eastern Indigo Snake (Drymarchon corais couperi) if appropriate conservation measures are adhered to during construction.
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 will not impact habitat 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. 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.
NAVIGATION: The proposed activity is not located in the vicinity of a federal navigation channel. However, the North New River Canal is a navigable waterway that was constructed by the Corps as part of the Central and South Florida canal system.
SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project.
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.
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, Patricia Clune, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at Patricia.R.Clune@usace.army.mil or, by telephone at (561)785-3261.
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.
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 used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
WATER QUALITY CERTIFICATION: WQC is required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no.: 50-0429502-001
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.