SAJ-2024-00195(SP-RJP)

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 (DA) 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
c/o Natasha Warraich
3301 Gun Club Road
West Palm Beach, Florida 33406

WATERWAY AND LOCATION: The project would affect waters of the United States, associated with the C-43 Canal and adjacent wetlands. The project site is located at 295 Old County Road 78 South in Section 26, Township 42 South, Range 30 East, Hendry County, LaBelle, Florida (Parcel ID: A26-42-30-A00-001N-0000).

Directions to the site are as follows: The Boma property is located in Glades County immediately south of the Caloosahatchee River (C-43 Canal) and north of State Road 80 between the Barron Water Control District (BWCD) C-2 and C-3 Canals. To access the site, starting from the City of Clewiston, travel west on US-98/FL80 W approximately 15 miles to Dalton Lane. Head approximately 1.5 miles north on Dalton Lane, until you intersect the Ortona Lock & Campground. The site is located immediately upstream (east) of the S-78 structure and directly south of the Ortona Campground

APPROXIMATE CENTRAL COORDINATES:

 
PROJECT PURPOSE:

Basic: The basic project purpose is to increase water storage capacity.

Overall: The overall project purpose is to increase water storage capacity and maintain safe conveyance measures within the Caloosahatchee River Watershed, Florida.

EXISTING CONDITIONS: The BOMA Flow Equalization Basin (FEB) project is part of the larger Central Everglades Restoration Project (CERP) approved by congress in 2000. Boma developed the land for agriculture, growing predominately citrus crops before selling the property to South Florida Water Management District (SFWMD) and Lee County in 2007. Boma continued to farm the Boma property under an approved state agricultural lease until approximately 2018.

In 2009, SFWMD conducted the property’s first site assessment to evaluate existing environmental and cultural conditions existing onsite. SFWMD completed updates to the original site assessment in 2020 and 2023, respectively. The information in the updated reports did not change from 2009. All three studies reported multiple Florida Land Use Cover and Forms Classification System (FLUCFCS) habitats including: 1,000 acres of agriculture and 380 acres of surface water and wetlands. 90 of the 380 acres are being excluded from this project and are part of a small test impoundment project (please see DA Permit SAJ-2022-01444), located on the north end of the Boma property and is directly adjacent to the C-43 Canal. The test cell project was permitted by the Corps in 2022, to determine which plant species or combinations of species would be most efficient for reducing nitrogen levels in the river and estuary. The remaining wetland habitat types include mixed wetland hardwoods, willow and elderberry, exotic wetland hammocks, cypress, and vegetated non-forested wetlands. The remaining surface waters on site consist of a network of two (2) agricultural canals that help convey water to crop ditches permitted while the grove was operational. The two (2) existing canals are owned by the Barron Water Control District (BWCD) and are identified as Canal 2 and Canal 3. Canal 2 is located towards the center of the project site and bifurcates the site in a north/south direction. Canal 3 is located towards the southern end of the project site and bifurcates the site in an east/west direction. The rest of the project site is made up of approximately 80-acres of upland forests containing Brazilian pepper (S. terebinthifolius), cabbage palms (Sabal palmetto), and other woody species, and 10 acres of rangeland. The applicant has stated that the findings identified in the 2009, 2020 and 2023 assessments were relatively unchanged, and that any applicable information was provided to the Corps when the application was submitted in January 2023.

PROPOSED WORK: The applicant seeks authorization to construct a FEB, which is a shallow wetland reservoir able to hold and organically treat water via a system of aquatic plants. The FEB would take water from the C-43 Canal during periods of high rain events and discharge the water back into the C-43 Canal during the dry periods. The purpose of the project is to store excess water. However, it is recognized that the wetland vegetation will also provide some water quality treatment benefits. The proposed FEB will be graded to a uniform elevation ranging from 13.9 to 14.5 feet (NAVD88), with a new approximate 8-foot-high perimeter embankment surround the entire site. Fill material derived from grading the site will supply the fill required to complete the embankment. Also, an 8-foot-high embankment will also be constructed, extending north to south through the center of the proposed FEB.

A proposed intake pump station will divert water traveling from the C-43 Canal into the FEB. The proposed intake structure will be constructed at the confluence of the BWCD Canal, 3A. An outlet structure will be built for managed releases back into the C-43 Canal. Automatic dual leaf gates will limit conveyance during the wet season and maximizing peak discharge during the dry months. Discharge will be through automatic gates; the gates will hold water during periods of high flow in C-43 Canal, and discharge water during dry periods. Spreader and collection canals will be constructed along the northern embankment to the east and west of the central embankment, respectively.

The project proposes to fill 340.25 acres of wetland habitat in order to bring the proposed site to a uniform grade outlined in the design specifications. The project also proposes filling approximately 33.72 acres of agricultural ditches used when the site was conducting ongoing citrus production. Clean material will be used as fill for grading, site leveling, and construction of the external and internal embankments. The total cut-fill volume for the FEB is 2,860,000 Bank Cubic Yards (BCY). Turbidity curtains and silt fences will be deployed around all work areas that are in/over waters of the U.S.

The applicant has indicated a substantial amount of earth moving will be required across the entire project location in order to grade the basin to an elevation of approximately 14.2 feet (NAVD88). Grading will also be required in the BWCD’s C-2 and C-3 Canals, the C-43 Canal where the inflow and outflow structures are planned to connect to the C-43, and Florida Department of Transportation (FDOT) right-of-way. The applicant will be required to secure any temporary construction easements if determined that work will be required outside of SFWMD fee-owned lands. Best management practices will be required. The proposed plan is predicated upon whether SFWMD has obtained all the project lands and/or temporary lease agreements required to complete the project. If not, major modifications and further environmental, cultural, and design assessments may be required by the applicant.

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 project design considered several alternatives to avoid and minimize impacts to the wetlands and ditches/other surface waters. The applicant states that the proposed project will have minimal impacts to the wetlands and ditches/other surface waters. However minimal, the SFWMD states that the impacts are still unavoidable. The district indicates that substantial improvements to the hydrology, aquatic vegetation, and prescription of erosion control benefits, will offset the construction impacts the district is proposing.

In addition, implementation of erosion control measures and turbidity curtains will protect water quality and adjacent habitats and will minimize impacts to the adjacent wetland systems. The applicant has proposed to utilize all applicable Best Management Practices for in-water work.

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:

The Uniform Mitigation Assessment Method (UMAM) analysis was used to evaluate impacts to aquatic resources including wetlands as a result of construction of the project. The applicant conducted a site visit with the Florida Department of Environmental Protection in early 2023 to conduct the UMAM analysis, which was submitted as part of the application to the Corps. As shown in the UMAM, the project impacts result in a loss of 140.17 Functional Capacity Units (FCUs). This loss will be offset by creation and enhancement of 1,631 acres of quality emergent vegetation and improving the quality of water discharged into the C-43 Canal, providing a gain of 785.044 FCUs.

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.

ENDANGERED SPECIES: The Corps has reviewed the following threatened or endangered species and the affects the proposed project may have. The Corps has determined the proposed project may affect the Eastern indigo snake (Drymarchon corais couperi) and the Florida panther (Puma concoryli), and may affect but is not likely to adversely affect the Florida bonneted bat (Eumops floridanus), Everglade snail kite (Rostrhamus sociabilis plumbeus), Audubon’s crested caracara (Caracara cheriway), Florida scrub-jay (Aphelocoma coerulescens), wood stork (Mycteria americana) and West Indian manatee (Manatus trichechus). Additionally, the project is not likely to destroy or adversely modify the Everglade snail kite designated critical habitat. The Corps will consult with the U.S. Fish and Wildlife Service with the determinations pursuant to Section 7 of the Endangered Species Act by separate letter.

ESSENTIAL FISH HABITAT (EFH): The applicant has indicated that there would be no essential fish habitat proposed to be impacted by this activity. 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 applicant has proposed that dredging and fill will be required in the C-43 Canal to successfully complete the inflow and outflow structures. The applicant indicates that there will be no restrictions to navigation to the C-43 Canal during or after construction.

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.

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 Blvd., Suite 500, Palm Beach Gardens, FL 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, Ryan J. Poland, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Blvd. Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at Ryan.J.Poland@usace.army.mil; or, by telephone at (561) 472-3512.

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. 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.