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SAJ-2017-00183(SP-KDS)

Published April 17, 2017
Expiration date: 5/17/2017

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: Evans Properties, Inc.
                      660 Beachland Boulevard, Suite 301
                      Vero Beach, Florida 32963

WATERWAY AND LOCATION: The project, referred to as Scott Dispersed Water Management Project, would affect waters of the United States associated with the C-25 Canal. The project site is located at 16225 9th Street SW, Vero Beach, in Sections 1-3 & 10-15; Township 34S; Range 36E (Okeechobee County portion of project site) Sections 30 & 31; Township 33S; Range 37E; and E ½ of Sections 25 and 36; Township 33S; Range 36E (Indian River County portion of project site), Florida.

Directions to the site are as follows: Follow I-95 to Exit 131 – FL-68 W/Orange Avenue. Head west on FL-68/Orange Avenue for approximately 23.5 miles. Turn right on NE 48th Avenue. Approximately 4 miles down NE 48th Avenue, turn right on NE 280th Street. Follow NE 280th Street to and around a 90-degree turn to the left. The grove property begins where the road then turns to the right.

APPROXIMATE CENTRAL COORDINATES:

Latitude:     27.5446°
Longitude: -80.6960°

PROJECT PURPOSE:

Basic: Water storage

Overall: Store excess surface water from the South Florida Water Management District’s (SFWMD’s) C-25 Basin when it would otherwise be lost to tide and to retain all direct precipitation.

EXISTING CONDITIONS: The existing land use of the site consists of citrus groves, irrigation ditches and canals in support of the citrus operations, five reservoirs, three areas with current or previously occupied structures, dirt and grass vehicular access roads, a cellular telephone tower, and overhead electric transmission line support towers. The current or previously occupied structures include two residential areas and administrative buildings. The structures, cellular telephone tower, and overhead electric transmission line support towers are located within the parcel but outside the limits of the stormwater management system. The existing land cover includes citrus trees, herbaceous areas from which diseased citrus trees have been removed, dirt and grass vehicular access roads, open water, and small areas with current or previously occupied structures. The portions of the parcel that contain structures, except the former residential area near the Administration/Shop Area, will not be included in the stormwater management system area. The site is divided into two parcels; the Scott 2000 located in Indian River County and the Scott 6000 located in Okeechobee County.

Scott 2000
The Scott 2000 parcel consists of approximately 2,183 acres of fallow citrus grove located north of the Scott 6000 site and Florida’s Turnpike in Indian River County. The Scott 2000 parcel contains areas in which the citrus trees have been removed and areas in which citrus trees are present. Areas within the project site contain herbaceous vegetation dominated by upland graminoid and forb species that are maintained through periodic mowing. All of the citrus trees will be removed for the Project.

Primary irrigation canals parallel the boundary of the Scott 2000 parcel, and two primary irrigation canals traverse the central portion of the parcel from north to south. Secondary irrigation canals traverse the interior of the site from east to west and discharge into the aforementioned primary irrigation canals. The grove areas contain drain tiles that discharge into the secondary irrigation canals. Based on review of historical aerial photographs and topographic maps, the perimeter canals along the north, south, and west parcel boundaries were created prior to 1970. Per review of historical aerial photographs, excavation of additional perimeter and interior canals, as well as citrus production, occurred before 1985.

The Scott 2000 parcel is bound by large stormwater canals. Beyond the drainage canals are undeveloped wetlands to the north and west, grove to the east, and Florida’s Turnpike and the Scott 6000 parcel to the south. The C-25 Canal Extension and C-52 flow-way are located south of Florida’s Turnpike. An approximately 53-acre irrigation reservoir comprised of open water is located in the northwest corner of the Scott 2000 site. The existing berms on the north and west sides of the irrigation reservoir will be modified as needed to comply with the height, slope, and maintenance/inspection corridor width required for Dispersed Water Management (DWM) activities.

An approximately 6.7-acre area located in the southeast corner of the Scott 2000 parcel contains six high-tension electrical towers and is not part of the grove area. The electric lines and their associated owners traverse the Scott 2000 parcel from east to west parallel to Florida’s Turnpike. The area associated with the six high-tension electrical towers and its associated electric corridor is not included in the DWM area.

Scott 6000
The Scott 6000 site consists of approximately 5,667 acres of fallow citrus grove located south of the Scott 2000 site and Florida’s Turnpike in Okeechobee County. At present, the Scott 6000 parcel contains areas in which the citrus trees have been removed and areas in which the trees remain; however, all of the citrus trees will be removed from the DWM areas prior to initiation of DWM operations. Based on review of historical aerial photographs and topographic maps, portions of the parcel were used for cattle production prior to 1943, canals were excavated in the southern and western portions of the parcel prior to 1951, and additional canal excavation and agricultural activities occurred in portions of the parcel prior to 1958. Excavation of an irrigation reservoir in the northeastern corner of the parcel and grove activities within most of the parcel occurred prior to 1981. The Scott 6000 parcel is depicted on historical aerial photographs as grove or in use for grove operation support prior to 1985.

Dirt and grass vehicular access roads and irrigation canals traverse the site from north to south and east to west. Four irrigation reservoirs located in the northeastern, southeastern, and south-central portions of the parcel cover approximately 466 acres of the Scott 6000 parcel. With the exception of the irrigation reservoir in the northeastern corner of the parcel, the areas in which the irrigation reservoirs are located were historically used for citrus production. Water levels within the irrigation reservoirs fluctuate with weather conditions and irrigation needs.

Berms utilized for separating the three DWM cells will be constructed through the modification of existing berms and construction of new ones throughout the property. All internal berms will be constructed in compliance with the minor aboveground impoundment berm geometry requirements, as required by the SFWMD. The irrigation reservoirs are at a higher elevation than the abutting grove areas and are above the proposed level of surface water in the DWM areas. During DWM activities, the surface water levels within the irrigation reservoirs are anticipated to be less than the levels maintained during past operation of the project site for commodity production.

The Scott 6000 parcel is bound by numerous drainage canals. The SFWMD C-25 Canal Extension and C-52 flow-way abuts a portion of the Scott 6000 northern parcel boundary, beyond which is Florida’s Turnpike and the Scott 2000 parcel. Canals used for agricultural irrigation and drainage purposes are located abutting the remaining portions of the parcel boundary. Infrastructure within the Scott 6000 parcel includes a complex of administration and storage buildings, a cell tower site, and a residential area in the northeastern portion of the parcel; and a residential area in the southwestern portion of the parcel. The aforementioned areas will not be included in the DWM areas.

PROPOSED WORK: The applicant seeks authorization to discharge 73,372 cubic yards of clean fill into 13.31 acres of onsite irrigation canals to construct an aboveground impoundment and store direct precipitation and excess regional surface water at a maximum depth of approximately four feet. The area of the impoundment is proposed to be 5,503 acres in Okeechobee County and 1,846 acres in Indian River County, covering a total of 7,349 acres.

Construction of the project will include reshaping and elevating existing perimeter berms where necessary in order to provide sufficient freeboard, acceptable side slopes, and access to the toe of berm for maintenance and inspection purposes. New interior berms will be constructed in the Scott 6000 parcel to allow the separation of the three cells. Construction of the earthen berms will result in the filling of approximately 0.27 acre of surface waters (approximately 1,100 yd3 of fill) within Scott 2000 and 13.04 acres of surface waters (approximately 72,272 yd3 of fill) within Scott 6000. Water will be stored at a maximum average depth of four feet and will be discharged from the sites via emergency overflow spillways back to the regional system should a significant rainfall event occur.

The Scott 2000 earthen spillway will have a crest elevation of 25 feet NAVD and a length of 500 feet. The earthen spillway which will ultimately allow discharge to the C-25 Canal from the Scott 6000 parcel will have a crest elevation of 28 feet NAVD and a length of 1,000 feet. Earthen spillways with a length of 500 feet and crest elevation of four feet above the average grade for the respective cells will be constructed to allow overflow from the two higher cells at Scott 6000 to be discharged to the lowest cell before it is ultimately discharged to the C-25 Canal.

Existing pumps with a cumulative capacity of 120,000 gallons per minute (gpm) will be utilized to allow inflow of surface water to Scott 6000. An existing pump station with a 38,000 gpm capacity currently located in the northwest corner of the property will be relocated to near the south boundary to allow inflows to occur to Scott 2000. The total static storage at the maximum water level (depth of four feet) is approximately 7,755 acre-feet for Scott 2000 and 20,057 acre-feet for Scott 6000.

Evans Properties, Inc. requests issuance of a 10-year permit and authorization to revert the Scott properties sites back to baseline conditions upon termination of DWM activities. Construction is expected to be completed over the course of up to 4 months. The project will be operated for a 10-year contract duration with the possibility to extend the project if the SFWMD and Evans Properties, Inc. agree to do so. Construction access to the site will be achieved via existing access roadways and onsite access roads. Materials and equipment required for construction of the proposed project will be transported to and from the site via trucks.

Erosion and sediment control measures are proposed along the perimeter of the site to ensure that site materials are not transported into offsite waters. Temporary silt fence will be provided in areas where the existing berm slopes directly into offsite canals if the existing berm is proposed to be disturbed. Permanent erosion and sediment control will be managed by establishing vegetation on perimeter berms upon completion of construction.

All existing structures located within the footprint of the project are to be removed, with the exception being the pump stations that will be utilized for transferring water once the DWM project is constructed. Structures to be demolished consist primarily of supply storage areas and irrigation pump stations which previously supported grove operations. Concrete slabs associated with the existing structures will remain in place. All other components of the structures will be removed from the site. Reusable materials and components will be stored by Evans Grove Lands, LLC for future use. All waste associated with demolition will be disposed of at an offsite, approved facility.

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 footprint of the proposed impact is the minimum needed to safely provide access for required assessment and maintenance of the project areas. There are no wetlands on the site, as confirmed by the SFWMD. The site has been utilized for commodity production (i.e. citrus) since before 1985.

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

No mitigation is proposed as part of the subject project.

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 those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: The project site is located within the consultation area for the following species: Audubon’s crested caracara (Polyborus plancus audubonii), Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida grasshopper sparrow (Ammodramus savannarum floridanus), and the Florida scrub jay (Aphelocoma coerulescens). In addition, the following species are likely to be present at the project site: Eastern indigo snake (Drymarchon corais couperi) and the wood stork (Mycteria americana). The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern indigo snake, wood stork, Everglade snail kite, Florida grasshopper sparrow, and the Audubon’s crested caracara. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat including the Florida scrub jay.


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 13.31 acres of freshwater ditches and canals. 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 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 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, Krista Sabin, in writing at the Palm Beach Gardens Permits Section, 400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Krista.D.Sabin@usace.army.mil; or, by telephone at (561)472-3506.

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.