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: Standard Pacific of Florida GP, Inc.
825 Coral Ridge Drive
Coral Springs, Florida 33071
WATERWAY AND LOCATION: The project would affect waters of the United States associated with other surface waters. The project site is located within the Crystal Lake Country Club at 3810 Crystal Lake Drive, Pompano Beach (Section 15, Township 48 South, Range 42 East), Broward County, Florida.
Directions to the site are as follows: From I-95, head West on Sample Road for approximately one half mile. Turn North on Military Trail and drive approximately one quarter mile to Crystal Lakes Drive. Head West on Crystal Lakes Drive and the property is on the north side of the road.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.281554°
Longitude: -80.140465°
PROJECT PURPOSE:
Basic: The basic project purpose is residential development.
Overall: The overall project purpose is a residential development within the existing Crystal Lake Country Club development.
EXISTING CONDITIONS: The subject property is currently a developed golf course and country club with one low-rise multiple dwelling unit. The property was developed in the 1960’s, (see attached aerial photographs from 1957 and 1968). Review of historical aerials from prior to development indicate that the subject property was already mostly cleared of canopy and subcanopy vegetation. There are no indications of wetland conditions present on the aerial images. A soils report (Soil Survey of Broward County Florida – Eastern Part) issued in May, 1984 by the United States Department
of Agriculture/Soil Conservation Service identified three distinct soil types on-site, Hallandale and Margate soils; Immokalee-urban land complex; and Udorthents, shaped. The presence of all three soil types are a result of earthwork, soil deposition and urban development. None of these soils are considered to be hydric. Two lakes totaling approximately 4.47 acres are present on the site. Both lakes are man-made and appear on historical aerials at the same time as the development of the surrounding golf course (c.1968). The lakes contain steep slopes with no wetland or littoral habitat present. Vegetation within and surrounding the lakes consists of mowed turf grass and small isolated patches of exotic umbrella sedge (Cyperus alternifolius), torpedo grass and water hyacinth. No listed species of wildlife were observed within the lakes or on the site.
PROPOSED WORK: The applicant seeks authorization to place fill over 0.88 acre and excavate 3.59 acres of other surface waters in order to construct a residential development.
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 will be reconfiguring the existing 4.47 acres of Waters of the U.S. and creating a total of 22.44 acres of Waters of the U.S. Additionally, two small littoral areas totaling .08 acre in size are also proposed within the lakes.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Waters of the U.S. will be expanded by 17.97 acres and littoral area will be added that does not currently exist. Therefore, no mitigation is proposed.
CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.
ENDANGERED SPECIES: The project is within the range or in the consultation area of the threatened Eastern indigo snake (Drymarchon corais couperi), Everglade snail kite, and wood stork (Mycteria americana).
Based on information available from the applicant our initial determination for the project is listed below:
• Not Likely to Adversely Affect the Eastern indigo snake (Drymarchon corais couperi). The project will not impact more than 25 active or inactive gopher tortoise burrows. By use of the U.S. Fish and Wildlife Service (FWS) Eastern Indigo Snake Key dated January 25, 2010 and the August 12, 2013 addendum, the following key sequence A>B>C>D>E “Not Likely to Adversely Affect”.
• Not Likely to Adversely Affect the wood stork (Mycteria americana). By use of the FWS Wood Stork Key dated January 25, 2010 and the May 18, 2010 addendum, the following key sequence A>B>C>E would result in a “Not Likely to Adversely Affect”. Any loss of wood stork foraging biomass resulting from the proposed activity will be compensated through the creation and expansion of 22 acres of other surface waters. A wood stork foraging biomass analysis was not required as impacts are less than 5-acres.
• No effect to the Everglade snail kite. The project area does not contain suitable habitat for this species; therefore, the Corps has determined the proposal would have no effect on the Everglade snail kite.
The Corps has received programmatic concurrence from FWS pursuant to Section 7 of the Endangered Species Act for the Eastern indigo snake and wood stork therefore no further consultation is required. In addition, no consultation is required for “no effect” determinations under 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. The project site contains 4.8 acres of other surface waters. 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/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 15 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, Samantha L. Rice, in writing at the Palm Beach Gardens Permits Section, , 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Samantha.L.Rice@usace.army.mil; by facsimile transmission at (561)626-6971; or, by telephone at (561)472-3536.
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.