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).
APPLICANT: Salvatore Balsamo
280 Tradewind Drive
Palm Beach, FL 33480
WETLANDS AND LOCATION: The project is located on an 82.5 acre undeveloped parcel (PCN: 00414214000003010) that contains approximately 24.85 acres of wetlands. The project is located at north side of Northlake Blvd and Stonewall Drive intersection in Palm Beach Gardens, (Section 14, Township 42 South, Range 41 East), Palm Beach County, Florida.
Directions to the site are as follows: Take I-95 north toward Palm Beach Gardens, exit on Northlake Blvd west. Continue West on Northlake Blvd for approximately 9 miles, the property will be located on the north side of Northlake Blvd and Stonewall Drive intersection.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.8146°
Longitude: -80.2236°
PROJECT PURPOSE:
Basic: The basic project purpose is the construction of a residential community development.
Overall: The overall project purpose is the construction of a residential community development in western Palm Beach County Florida.
EXISTING CONDITIONS: The property is 82.5 acres and is bordered to the north by undeveloped land, to the west by improved pasture, to the south by Northlake Blvd., and to the east by a golf course. The site is currently being used to graze and farm cattle and contains a network of drainage ditches and associated berms. Dominant vegetation consists of herbaceous ground cover with some scattered canopy trees in the northwest portion of the property. The site consist of 24.85 acres of wetlands (20.7 acres of hydric pasture, 1.15 acres of wetland ditches, 1.4 acres of freshwater marsh, 0.80 acres of exotic hardwoods, 0.80 acres of willow elderberry) and 5.5 acres of other surface waters. The mosaic of onsite wetlands and ditches are connected to offsite waters via the onsite network of ditches which has altered the site hydrology.
PROPOSED WORK: The applicant seeks authorization to fill approximately 25.35 acres of wetlands, ditches, and other surface waters, in association with the construction of a residential community development and associated amenities.
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 applicant reviewed site plan alternatives, however based upon site plan constraints and water quality requirements, the elimination of wetland impacts was determined to not be practicable for project or ecological feasibility. The wetlands are of poor quality with exhibited signs of altered hydrology, diminished function and persistent disturbance from cattle and land management activities.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The project proposes direct impacts to 24.85 onsite wetlands, 5.5 acres of surface waters. To offset unavoidable wetland impacts the applicant proposes to purchase herbaceous credits from the federally approved Loxahatchee 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 those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the threatened wood stork (Mycteria americana) and the threatened eastern indigo snake (Drymarchon corais couperi). The Corps utilized the April 13, 2013, FWS Eastern Indigo Snake Key, which resulted in the following sequential determination: A-B-C-D-E- not likely to adversely affect. The Corps utilized the May 18, 2010, FWS Wood Stork key, which resulted in the following sequential determination: A-B-C-E-not likely to adversely affect. The FWS has given concurrence with these determinations through the use of the wood stork and indigo snake keys and therefore no further action is required.
The Corps also determined that the project may affect but is not likely to adversely affect the Audubon’s crested caracara (Polyborus plancus), and the Florida Scrub Jay (Aphelocoma coerulescens). The Corps will request initiation of informal consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.
NOTE: This public notice is being issued based on information furnished by the applicant. This information has 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 to Ms. Linda C. Knoeck at Palm Beach Gardens Permits Section, 4400 PGA Boulevard, STE 500, Palm Beach Gardens, FL 33410, or Linda.C.Knoeck@usace.army.mil, or 561-472-3530, 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, Ms. Linda C. Knoeck, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, STE 500, Palm Beach Gardens, FL 33410; or by electronic mail at Linda.C.Knoeck@usace.army.mil; or, by telephone at (561)472-3530.
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.