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: Palm Beach County Engineering and Public Works
Attention: Morton Rose
2300 North Jog Road
West Palm Beach, FL 33411
WATERWAY AND LOCATION: The project would affect waters of the United States associated with freshwater wetlands and the Indian Trail Improvement District (ITID) canal. The project site is located along the existing Northlake Boulevard and Seminole Pratt Whitney Road, south of Northlake Boulevard, Sections 18 and 19, Township 42 South, Range 41 East, Loxahatchee, Palm Beach County, Florida.
Directions to the site are as follows: From Interstate 95 take exit 77 for Northlake Boulevard and head west approximately 11.8 miles. Project will be located on the south side of Northlake just east of Seminole Pratt Whitney and Northlake Boulevard intersection.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.8109°
Longitude: -80.2915°
PROJECT PURPOSE:
Basic: Stormwater management
Overall: Provide additional stormwater storage capacity to the ITID Drainage Basin and provide stormwater storage runoff for proposed Northlake Boulevard and Seminole Pratt Whitney roadway improvements, Loxahatchee, Palm Beach County, Florida.
EXISTING CONDITIONS: The proposed road right-of-way includes existing roadways, wetlands, and uplands. Uplands in this area consist primarily of slash pine and saw palmetto. The area surrounding the project site consists of residential development. All of the proposed wetlands to be impacted have some invasive and/or exotic vegetation, and altered hydrology due to adjacent development. The majority of the wetland impacts (2.48 acres) will occur in wetland #1 as a result of the excavation of the wet retention pond. Wetland #1 is a low quality wetland with slash pine (Pinus ellottii) and melaleuca (Melaleuca quinquenervia) canopy and a herbaceous stratum consisting of St. John’s Wort (hypericum sp.), dog fennel (Amphicarpum muhlenbergianum), and torpedo grass (Panicum repens). Wetland #2 is a low to moderate quality forested wetland with a canopy of cypress (Taxodium sp.) and Brazilian pepper (Schinus terebinthifolius). Wetland #3 is a moderate quality wetland that contains, slash pine, cypress, cabbage palm (Sabal palmetto), and some Brazilian Pepper. Wetland #4 is a low quality disturbed wet prairie dominated by torpedo grass and other exotics including melaleuca.
The April 2013 permit authorized the fill and excavation of approximately 2.50 acres of wetlands and the filling of 0.12 acres of an Indian Trails Improvement District (ITID) canal in order to construct road intersection improvements by expanding the existing two-lane Seminole Pratt Whitney Road from south of Northlake Boulevard to Northlake Boulevard into a four lane roadway section and by expanding the existing two-lane Northlake Boulevard from Seminole Pratt Whitney Road to 1,920 feet east of Seminole Pratt Whitney Road into a four lane roadway section. Onsite conditions have not changed within the past four years that would warrant reevaluation of potential wetland impacts.
PROPOSED WORK: The applicant seeks authorization to modify the stormwater system of an existing permit by conducting the following activities:
1. Connect the wet retention pond to the ITID canal by removing the 112 foot long berm;
2. Excavate the wet retention pond to a bottom elevation of 9.0 NGVD;
3. Remove the planted littoral zone; and
4. Extend the permit expiration date for 5 additional years.
The berm currently isolates the pond from the canal. Stormwater runoff from the permitted roadway improvements will be directed through the drainage system to the pond and move into the canal system under normal flow conditions. The pond will be connected to the canal at the existing canal control elevations of 17.00 NGVD during the dry season and 16.00 NGVD during wet season. Anticipated water depths in the pond are 8 feet during the dry season and 7 feet during the wet season. The pond is intended to become an extension of the ITID canal.
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 has agreed to install erosion control measures and turbidity barriers during construction. Additionally the proposed modification reduces the volume of material to be dredged from the wet retention pond from the previously issued permit.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
No additional wetland impacts are proposed, therefore no additional compensatory mitigation is proposed or required.
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 modifications may affect, but is not likely to adversely affect the wood stork (Mycteria americana) and the eastern indigo snake (Drymarchon couperi).
The site contains suitable foraging habitat and is within 18.6 miles of two wood stork nesting colonies. The Corps utilized the South Florida Programmatic Concurrence Key for the Wood Stork dated May 18, 2010, and determined that the project is not likely to adversely affect the wood stork (pathway A-B-C-E). The Corps has received programmatic concurrence for the wood stork and no further consultation with FWS is required pursuant to Section 7 of the Endangered Species Act.
Suitable gopher tortoise habitat and other snake refugia are present within and adjacent to the project areas. The Corps determined that the proposed project activities are not likely to adversely affect the Eastern indigo Snake. Use of The Corps of Engineers, Jacksonville District and the U.S. Fish and Wildlife’s Indigo Snake Key dated 25 January 2010 and the 13 August 2013 addendum, resulted in a path of A-B-C-D-E, not likely to adversely affect. A determination of “not likely to adversely affect” was made for the Indigo snake provided the Permit includes the special conditions for the Eastern Indigo Snake Protection Measures during construction and the permit will be conditioned such that all gopher tortoise burrows, active or inactive, shall be evacuated via methods pursuant to FWC excavation guidance prior to site manipulation in the vicinity of the burrows. Additionally, holes, cavities, and snake refugia other than gopher tortoise burrows shall be inspected each morning before planned site manipulation of a particular area with work stopping if an indigo snake is discovered. The Corps has received programmatic concurrence for the eastern indigo snake and no further consultation with the FWS is required provided the applicant adheres to the Standard Protection Measures for the Eastern Indigo Snake dated February 12, 2004, and inspects all gopher tortoise burrows and snake refugia areas as described.
The Corps has determined the proposed modification would have no effect on any listed threatened or endangered species or designated critical habitat.
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. EFH is not located within the project footprint. 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 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, FL 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, FL 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.