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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Florida Department of Transportation – District 4
Attn: Ms. Hui Shi
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the C-10 Canal, C-10 Spur Canal, Dania Cutoff Canal (part of the Central and South Florida Flood Control Project), Pond Apple Slough, South Fork of the New River Canal, and the Florida Power and Light (FP&L) Cooling Canal. The project site is located along 9 miles of Interstate (I) 95, from south of Hollywood Boulevard to Broward Boulevard and along 2 miles of I-595, from State Road (SR) 7 to I-95, in Sections 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, and 33; Township 50 South; Range 42 East; and in Sections 4, 8, 9, 16, and 17; Township 51 South; Range 42 East, in the city of Dania Beach, Broward County, Florida.
Directions to the site are as follows: The project site begins along Interstate (I) 95, just south of Hollywood Boulevard, and ends at Broward Boulevard in Broward County, including construction along I-595 from SR 7 to I-95.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.999389 °
Longitude -80.166417 °
PROJECT PURPOSE:
Basic: The basic project purpose is linear transportation.
Overall: The overall project purpose is to provide additional capacity in order to accommodate the projected traffic demands, alleviate traffic congestion on local crossroads, facilitate a hurricane evacuation and other emergency evacuation route, improve highway safety by addressing speed differences among lanes at interchanges and lane weaving on cross streets, and provide multi-modal transportation options within the eastern corridor of Broward County.
EXISTING CONDITIONS: The existing site conditions, as provided by the applicant, are as follows: The overall project area where work is proposed to occur encompasses approximately 507 acres. The project corridor consists of land that has previously been filled to create the current I-95 and I-595 highway system consisting of travel lanes, shoulders, recovery zones, and stormwater management systems. The project corridor includes the following crossings over waterbodies: I-95 bridges over the C-10 Canal, I-95 bridges over the C-10 Spur Canal, I-95 bridges over the Dania Cutoff Canal, I-595 bridges over wetlands contiguous with the Pond Apple Slough, I-595 bridges over the South Fork of the New River Canal, and I-595 bridges over the FP&L Cooling Canal. There is also an I-95 bridge crossing of the South Fork of the New River, however, there is no proposed bridge work at this location. The project area also contains the following:
Swales: Swales with hydrophytic vegetation consist of man-made drainage features with a hydrologic regime that has resulted in a dominance of wetland vegetation and the development of hydric soils. These areas consist entirely of linear man-made features adjacent to and parallel with the highway, which are designed to be approximately one foot above the seasonal high ground water table. This habitat type also includes ponds that are part of the stormwater management system for I-95 and I-595. There are a total of 53 swales with hydrophytic vegetation identified within the I-95 and I-595 corridors. These areas are regularly maintained and support herbaceous vegetation that is adapted to frequent disturbance including but not limited to torpedo grass (Panicum repens), beak sedges (Rhynchospora spp.), flatsedges (Cyperus spp.), smallfruit primrose willow (Ludwigia microcarpa), herb-of-grace (Bacopa monnieri), largeleaf marshpennywort (Hydrocotyle bonariensis), bulltongue arrowhead (Saggitaria lancifolia), and creeping primrose willow (Ludwigia repens). In some locations, woody vegetation occurs within these swales. Woody vegetation includes Carolina willow (Salix carolinensis), primrose willow (Ludwigia peruviana), and Brazilian pepper (Schinus terebinthifolius). These woody species generally occur around the edges of the swales, but in some cases may extend throughout the entire swale. Woody vegetation constitutes less than 25% of the overall vegetative cover in the swales. There are approximately 34.65 acres of swales with hydrophytic vegetation within the project limits. The hydrology in the swales is entirely dependent on stormwater runoff input from the adjacent roadways. Because the bottom of the swales is designed to be above the seasonal high ground water table, the swales remain dry for most of the year. These swale features provide limited foraging habitat for wading birds and other wetland-dependent species such as frogs and aquatic macro-invertebrates. The overall wildlife habitat quality of these features is marginal due to its proximity to a heavily traveled highway in an urban environment as well as a result of routine maintenance of the swales.
Mangroves along the I-95 Corridor: There are four crossings of estuarine channels along the I-95 section of the project, including the C-10 Canal, C-10 Spur Canal, Dania Cutoff Canal, and South Fork of the New River. The mangrove areas within the I-95 corridor can be described as a narrow, discontinuous fringe of small red and white mangroves growing at the river and canal shoreline interface. The mangroves are stunted and are being outcompeted by invasive exotic species including tropical almond (Terminalia cattapa), Brazilian pepper, and seaside mahoe (Thespesia polpunea). The presence of these exotic species is indicative that the mangrove locations are at the upper end of the saltwater tidal influence in the rivers and the canals in the project corridor. The total acreage of mangrove shoreline within the I-95 project limits is 0.93 acres.
Mangroves along the I-595 Corridor: There is a narrow strip of mature white mangroves approximately 40-feet wide that occurs between the existing I-595 eastbound and westbound bridges. This narrow band was originally part of the freshwater forested system that historically existed in Pond Apple Slough. However, stormwater runoff from upstream portions of the watershed has been reduced, and freshwater flow in the South Fork of the New River Canal has decreased from historical levels. This reduction in freshwater flow has allowed the tidal influence to move further west, resulting in the presence of white mangroves within this portion of the South Fork of the New River Canal system. In particular, white mangroves have colonized the area between the existing I-595 bridges and now function as a monoculture forested system. The total acreage of mangroves within the I-595 project limits is 1.57 acres. Mangroves were also observed beneath the I-595 viaduct where the bridge elevation is higher and some sunlight can reach the ground. The diameter of the trunks of these mangroves is quite small, and the limited sunlight results in general poor health of the mangroves that are able to establish. In addition, the substrate where the mangroves occur is quite unstable. As runoff pours down the scuppers from the bridge following storm events, the flow of the water tends to form high energy rivulets that washes away most vegetation that attempts to colonize the mudflats below the bridge. However, a few mangrove shrubs have been able to colonize the site along with some nuisance invasive shoebutton ardesia (Ardesia elliptica). The number of mangroves increases towards the eastern portion of the viaduct where the elevation of the I-595 bridge is the highest. The total acreage of mangroves beneath the bridge is 1.49 acres.
Forested Wetlands: The forested wetland area to the north of the I-595 viaduct is part of a mitigation plan that was implemented by the FDOT for impacts made during construction of the I-95 at Cypress Creek Road Park and Ride project (SAJ-1993-30175). The mitigation site has successfully matured to an established forested wetland community, however, the canopy of the forested wetlands in the vicinity of the I-595 viaduct is undergoing a transition. (It should be noted that no impacts are proposed to occur within this mitigation area.) Historically, this canopy was dominated by freshwater forested species including pond apple (Annona glabra), cypress, red maple (Acer rubrum), and strangler fig (Ficus aurea). The canopy of these forested wetlands along the western 500 feet of the viaduct is still dominated by these freshwater forested species, but the eastern 1,100 linear feet of the corridor is becoming dominated by white mangroves. Since this area is hydraulically connected to the South Fork of the New River Canal, white mangrove seeds are being washed into the system and are becoming established in this historically freshwater system. Since white mangroves can tolerate both freshwater and saltwater, they are able to colonize and thrive in this community. In addition, red and black mangroves have become established in the fringe along the banks of the South Fork of the New River Canal because of the brackish conditions. There are 2.53 acres of these forested wetlands, located entirely within the FDOT right-of-way, on the north side of the I-595 westbound bridge. The forested wetlands to the south of the I-595 eastbound bridge are part of the freshwater forested community that has historically existed within Pond Apple Slough. Following the original I-595 improvements, portions of this system were treated as part of a Consent Order to remove exotic and invasive plant species that had colonized south of the I-595 bridges due to soil disturbance. However, due to the proximity of this system to the South Fork of the New River Canal, white mangroves have become established in the forested community south of the I-595 eastbound bridge. Remnant freshwater forested wetland habitat dominated by pond apple is still present within the western portion near the viaduct, but white mangroves are now the dominant species in the canopy south of the I-595 eastbound bridge. There are 1.37 acres of this mixed forested system within the limited access right-of-way on the south side of I-595 adjacent to Pond Apple Slough.
Mudflats: The areas below the existing I-595 bridges are essentially un-vegetated mud bottoms. No vegetation other than a low percentage of ruderal herbaceous vegetation was observed within the mud bottom areas beneath the existing bridges. The absence of vegetation can be attributed to the lack of sunlight penetration to the substrate because of the shading effects of the overhead bridges. The total acreage of mudflats within the project limits is 3.61 acres.
Surface Waters/Other Surface Waters: The areas of other surface waters included in this category consist of open water in the South Fork of the New River Canal, Dania Cutoff Canal, C-10 Canal, C-10 Spur Canal, the FP&L Cooling Canal, and borrow pits. This category also includes the deeper central zones of the larger stormwater treatment ponds at the intersection of I-95 and I-595. The total acreage of other surface waters within the project limits is 18.22 acres.
PROPOSED WORK: The applicant seeks authorization to discharge dredged and/or fill material into waters of the United States associated with roadway improvements to I 95 and I-595. The project would result in 2.98 acres of permanent mangrove impacts, 0.13 acre of mangrove shading impacts, 2.76 acres of permanent mudflat impacts, 0.32 acre of temporary mudflat impacts, 0.56 acre of permanent other surface water impacts, 2.37 acres of other surface waters shading impacts, 2.10 acre of temporary freshwater forested wetlands impacts*, 0.79 acre of freshwater forested wetlands shading impacts, 2.30 acres of permanent fill within swales, 9.58 acres of reconfigured swales, and 22.96 acres of creation of new swales.
The roadway improvement project includes widening, milling, resurfacing, overbuild, and/or reconstruction along I-95 resulting in two tolled Express Lanes in each direction and widening along I-595 to accommodate the direct connectors and required auxiliary lanes that connect the I-95 and I-595 Express Lanes systems. The number of existing General Purpose lanes along I-95 and I-595 will remain the same. Access to the Express Lanes will be limited to designated ingress and egress locations. The Express Lanes will implement congestion based toll pricing and employ Electronic Toll Collection (ETC) via the Florida’s Turnpike Enterprises (FTE) SunPassSM system. The proposed roadway and bridge improvements include the following:
• Milling, resurfacing, overbuild, and widening of I-95 from south of Hollywood Boulevard to north of Johnson Street to accommodate a southbound ingress and a northbound egress location serving Sheridan Street and interchanges to the north for traffic to and from the south.
• Milling, resurfacing and restriping of I-95 from north of Johnson Street to south of Stirling Road
• Milling, resurfacing, overbuild, and widening of I-95 from south of Stirling Road to SW 42nd Street, to accommodate one additional Express Lane in each direction, as well as a northbound ingress location and a southbound egress location, serving Sheridan Street and interchanges to the south for traffic to and from the north.
• Reconstruction of I-95 from SW 42nd Street to the South Fork of the New River to accommodate I-595 and SR-84 interchange modifications and one additional Express Lane in each direction.
• Milling, resurfacing, and restriping of I-95 from South Fork of the New River to south of Broward Boulevard to provide one additional Express Lane in each direction.
• I-95 bridge widenings over Hollywood Boulevard, Johnson Street, C-10 Canal (southbound only), Taft Street (southbound only), C-10 Spur Canal, Stirling Road (southbound only), Griffin Road, and Dania Cutoff Canal.
• I-95/I-595 Direct Connectors between northbound and southbound 95 Express Lanes and I-595, to and from the west.
• I-95/SR 84 interchange modifications, including new westbound SR 84 over I-95 bridge and widening of the northbound I-95 entrance ramp bridge.
• Median widening along I-595 from SR 7 to the bridge over Pond Apple Slough to accommodate additional auxiliary lanes to/from the Direct Connectors, and other ramp improvements.*
• I-595 westbound bridge widening over eastbound SR 84.
• I-595 viaduct bridge median and outside widening from east of SR 7 to east of SW 26th Terrace to accommodate additional auxiliary lanes to/from the Direct Connectors, ramp improvements, and an additional lane along I-595 westbound from the SB I-95 to WB I-595 entrance ramp to the SR 7/SR 84/Florida’s Turnpike exit ramp (Ramp V-1).
• Reconstruction of I-595 from east of SW 26th Terrace to Ravenswood Road.
• I-595 westbound bridge reconstruction/widening over Ravenswood Road, South Florida Rail Corridor (SFRC), and I-95.
• Painting of 17 existing bridges within the influence of the I-95/SR 84 and I-95/I-595 Interchanges.
• Riprap bank stabilization within the Dania Cutoff Canal, C-10 Canal and C-10 Spur Canal
Other proposed improvements include, but are not limited to, the following: guardrail; barrier wall; attenuators; shoulder gutters; drainage; bridge maintenance repairs; temporary and permanent retaining walls; reconstruction of impacted existing noise walls; sign structures; portable traffic monitoring sites; toll gantry and associated infrastructure including toll equipment building; Intelligent Transportation System (ITS); signing and pavement markings; express lane markers; lighting; ramp (metering) signals; utility relocation; landscape relocation; and any additional items required to provide a complete highway system in accordance with all standard Department policies, procedures, and guidelines.
The proposed drainage improvements include the utilization of existing ponds located within the existing interchanges, in conjunction with expanded linear dry ponds (swales) along the outsides, new dry detention ponds below the I-595 viaduct bridge, and new dry detention ponds along the south side of I-595 and SW 32nd Street between SW 26th Terrace and Ravenswood Road (Angler’s Avenue). The stormwater management facilities will provide treatment and attenuation of runoff prior to discharge into the receiving waterbodies, including the C-10 Canal, C-10 Spur Canal, Dania Cutoff Canal, Osceola Creek, South Fork of the New River Canal, FP&L Cooling Canal, and wetlands contiguous with the Pond Apple Slough. Existing drainage patterns will primarily function in the same manner, however, proposed discharge rates will be slightly reduced due to the proposed storage within the stormwater management facilities.
The proposed bridge widening would result in the installation of approximately 138 new pilings required in the South Fork of the New River Canal (120 new pilings, 12 new concrete drilled shafts, and 6 new fenders); 64 new pilings in the Dania Cutoff Canal (10 new pilings and 54 new fenders); 8 new pilings in the C-10 Spur Canal; 4 new pilings in the C-10 Canal; 102 new pilings in wetlands adjacent to Pond Apple Slough (68 new pilings and 34 new concrete drilled shafts); and 24 new pilings required in the FP&L Cooling Canal. (The Corps is responsible for evaluating the proposed discharges of fill material into waters of the United States associated with the bridges crossing navigable waters. The bridge structures, themselves, are under the jurisdiction of the United States Coast Guard.)
*The work associated with widening the existing I-595 viaduct bridges over wetlands adjacent to Pond Apple Slough west of the South Fork of the New River Canal involves additional pilings on both the north and south sides of the existing bridge alignments. This work requires the construction of temporary roads outside of the current bridge alignment to allow access by heavy equipment for the bridge improvements. These access roads are required along the entire length of bridge improvements to allow access for construction equipment. The construction of the access roads would result in 2.10 acres of temporary freshwater forested wetlands impacts and 0.32 acre of temporary mudflat impacts. Following the completion of the bridge construction activities, the freshwater forested wetlands and mudflats would be restored. A five-year monitoring plan is proposed for the restoration of the freshwater forested wetlands.
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 has been designed to result in the least impacts to waters of the United States and still meet the project purpose and safety standards. The project utilizes existing ROW which contains waters of the United States. Therefore, total avoidance is not possible. Regarding the bridge widening activities, the applicant initially evaluated the potential for using the existing pilings to allow the widening of each bridge over the wetlands contiguous with the Pond Apple Slough and the South Fork of the New River Canal, but determined that the option would not be structurally feasible due to overstress of the existing bridges. As such, the proposed bridge widenings require the installation of an additional piling on the north and south end of each piling alignment, resulting in the need for additional pilings to support the bridge widenings. Due to the close proximity of the new pilings to the existing footers and the possibility that the vibrations caused by pile driving activities could damage the adjacent existing pilings, these new pilings are all proposed to be drilled shafts which will be augured into place. Other foundations would consist of both spread footings and footings with 24-inch square prestressed concrete piles, laid out consistent with the adjacent, existing footings to remain. Also, swales, which may contain wood stork foraging habitat, would be offset through the realignment and creation of swale area. Additionally, the FDOT would implement the most current versions of the Standard Manatee Conditions for In-Water Work; Standard Protection Measures for the Eastern Indigo Snake; and Sea Turtle and Smalltooth Sawfish Construction Conditions. Time of year in-water construction prohibitions would also be adhered to. Best management construction practices would be implemented during construction, and temporary impacts would be restored and monitored to ensure successful re-establishment.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Mitigation for direct and secondary impacts to mangrove habitat within the I-95 corridor would be provided through the restoration of 0.04 acre (0.025 mitigation units) of mangrove wetlands from the West Lake Park Permittee Responsible Mitigation Area. Additionally, mitigation for direct and secondary impacts to the mangrove habitat between the I-595 bridges adjacent to Pond Apple Slough, mangroves below the I-595 viaduct, and the mudflats below the I-595 bridges would be provided through the restoration of 3.59 acres (1.84 mitigation units) at the Pond Apple Slough Permittee Responsible Mitigation Area. Regarding the swale impacts, these features may provide wood stork foraging habitat. The total acreage of unavoidable permanent impacts to swales with hydrophytic vegetation is 2.30 acres. Additionally, 9.58 acres of swales would be reconfigured and would be reconstructed with similar parameters as the existing swales (i.e., within twelve inches of the seasonal high groundwater table). The project would result in the creation of 32.54 acres of swales within 12 inches of the seasonal high water table which will fully offset the functional losses of swales from the project (i.e., creation includes 22.96 acres of new swale area plus 9.58 acres of restoration of swales that were temporarily impacted). Therefore, additional mitigation is not proposed for the swale impacts.
CULTURAL RESOURCES: The project was reviewed by the Federal Highway Administration and the State Historic Preservation Officer during the Project Development and Environment Study (PD&E) phase. The findings during PD&E Study phase were that the project would have no adverse effects on historic properties. The scope changed slightly from the initial review and is being reevaluated. By copy of this public notice, the Corps is providing information for additional 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 West Indian manatee (Trichechus manatus), wood stork (Mycteria americana), Eastern Indigo snake (Drymarchon corais couperi), smalltooth sawfish (Pristis pectinata), and swimming sea turtles (green [Chelonia mydas], Kemp’s ridley [Lepidochelys kempii], and loggerhead [Caretta caretta]). The Corps will request U.S. Fish and Wildlife Service and National Marine Fisheries Service concurrence with these determinations pursuant to Section 7 of the Endangered Species Act. Finally, the Corps has determined the proposal would have no effect on the Everglade snail kite (Rostrhamus plumbeus).
West Indian Manatee: The Florida Power and Light Cooling Canal is a Warm Water Aggregation Area (WWAA). Use of the Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013, resulted in A > B = may affect. The applicant proposes to utilize The Standard Manatee Conditions for In-Water Work, and to adhere to a time of year in-water construction prohibition within the South Fork of the New River Canal and the Florida Power and Light Cooling Canal from November 15 to March 31. Additionally, the USFWS reviewed the proposed project during the Project Development and Environment Study phase of the project. On May 4, 2016, the USFWS determined that the proposed action is not likely to adversely affect this species, with the project’s adherence to the USFWS Standard Manatee Construction Conditions for In-Water Work during construction and the prohibition of in-water work within the South Fork of the New River and the FP&L Colling Canal between November 15 and March 31.
Wood Stork: According to a review of the USFWS database, the project area is within the wood stork nesting colony buffer of two wood stork colonies. Swales with hydrophytic vegetation adjacent to I-95 and I-595 may provide foraging habitat for wood storks following rain events. The total acreage of swales within the project area that are proposed to be impacted is 11.88 acres (including 2.30 acres of permanent impacts and 9.58 acres of temporary impacts). Based on an analysis of the wood stork forage calculations, there is a projected loss of 4.85 kilograms of wood stork forage biomass as a result of impacts to swales along I-95 and I-595. In addition to the swales along the interstate highways, the mudflats beneath the I-595 bridges also provide foraging habitat for wood storks. Evidence of use of these mudflats by wading birds was observed during the site investigations by the applicant’s consultants. A total of 2.76 acres of mudflats are proposed to be filled for creation of stormwater ponds and access roads. Based on an analysis of the wood stork forage calculations, there is a projected loss of 2.25 kilograms of wood stork forage biomass as a result of the filling of mudflats. The loss of wood stork foraging habitat is proposed to be offset by the creation of 22.96 acres of swales that are within 12 inches of the seasonal high water table. These created swales are anticipated to provide the same forage habitat as currently provided by the existing swales. In addition, 9.58 acres of swales are proposed to be restored as part of the creation of the stormwater management system. These restored swales are also anticipated to provide the same forage habitat as currently provided by the existing swales. Thus, there are a total of 32.54 acres of new and restored swales that are anticipated to provide 13.27 kilograms of wood stork forage biomass. These created and restored swales are all within the wood stork foraging habitat for the two nesting colonies. Based on the wood stork forage calculations, the amount of forage biomass created (13.27 kilograms) is greater than the amount of wood stork forage biomass lost (7.09 kilograms). In consideration of this information, the Corps utilized the Corps of Engineers, Jacksonville District and U.S. Fish and Wildlife Service’s South Florida Ecological Services Office Effect Determination Key for the Wood Stork in South Florida, May 2010, to determine the potential effects upon this species. Use of the key resulted in the sequence A > B > C > E = may affect, not likely to adversely affect this species.
Eastern Indigo Snake: This species is found in a variety of habitats, including swamps, wet prairies, xeric pinelands and scrub areas. It may utilize gopher tortoise (Gopherus polyphemus) burrows for shelter during the winter and to escape the heat during the summer. This species feeds on snakes, frogs, salamanders, toads, small mammals, birds and young turtles. Given the potential for habitat to exist, the applicant would adhere to the USFWS Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013. Based on the above information, the Corps utilized The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013, Revised August 1, 2017. Use of the Eastern Indigo snake key resulted in the following sequential determination: A > B > C > D = may affect, not likely to adversely affect this species.
Everglade Snail Kite: The project limits are within the USFWS consultation area of the Everglade snail kite. Everglade snail kites inhabit large, open, freshwater marshes and lakes, and usually nest over the water in low trees or shrubs, including cabbage palm (Sabal palmetto), coastal plain willow (Salix caroliniana), and buttonbush (Cephalanthus occidentalis). Shallow wetlands with emergent vegetation, such as spikerush (Eleocharis sp.), duck potato (Sagittaria latifolila), and pickerelweed (Pontederia cordata) provide good Everglade snail kite foraging habitat, provided the density of vegetation does not prevent the snail kites from spotting apple snails from above. The proposed project involves the filling of 2.30 acres of roadside swales that include herbaceous wetland habitat for the snail kite. However, the project also includes the creation of 32.54 acres of swales that will provide similar wetland herbaceous wetlands for snail kite forage habitat. Given this information, the Corps has determined that the proposed project would have no effect on the Everglade Snail Kite.
Smalltooth Sawfish: There is potential for the presence of the smalltooth sawfish in the I-595 crossings of the South Fork of the New River Canal and FP&L Cooling Canal and near the I-95 crossings of the C-10 Canal, C-10 Spur Canal, and Dania Cutoff Canal. Since the proposed work is located at the very upper end of the salt water influence within the South Fork of the New River Canal, there is very little habitat suitable for the smalltooth sawfish. Because of the on-going maintenance of the C-10 Canal, C-10 Spur Canal, and Dania Cutoff Canal, limited mangrove habitat is present along the shorelines of these canals. Due to the impacted nature of these shorelines and the prevalence of invasive plant species within the mangrove habitat, the value provided to the smalltooth sawfish is minimal. In addition, the presence of freshwater vegetative species mixed in with the mangroves is a strong indication that the project is located at the western limits of tidal influence at these location. It is therefore not likely that the proposed project will adversely affect the smalltooth sawfish. However, given the potential for access to the site for the smalltooth sawfish, the Standard Smalltooth Sawfish Conditions for In-Water Work would be followed with respect to any in-water construction activities. Therefore, it is anticipated that the project may affect, but is not likely to adversely affect the smalltooth sawfish.
Swimming Sea Turtles: Since the proposed project occurs in rivers and a series of canals that all flow to the Intracoastal Waterway and ultimately to the Atlantic Ocean, waters within the project area are accessible to swimming sea turtles. However, it is anticipated that swimming sea turtles would move away from the work zones during the construction activities. There are suitable aquatic habitats for swimming sea turtles in the Intracoastal Waterway and along the ocean coastline of the Atlantic Ocean for these species to utilize while work on the bridge is occurring. Given the distance from the Intracoastal Waterway, it is not likely that sea turtles would frequent the project site. However, due to the accessibility to the site, the Standard Sea Turtle and Sawfish Construction Conditions would be adhered to during all in-water activity associated with the bridge repairs. Therefore, it is anticipated that the project may affect, but is not likely to adversely affect swimming sea turtles.
ESSENTIAL FISH HABITAT (EFH): The applicant has coordinated directly with the National Marine Fisheries Services regarding EFH. However, this notice initiates Corps consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would result in approximately 2.98 acres of permanent mangrove impacts and approximately 0.13 acre of mangrove shading impacts. The mangroves may be utilized by various life stages of the smalltooth sawfish. Given the applicant’s proposal to mitigate for these proposed impacts, it is our initial determination that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the waters which flow to the Intracoastal Water and eventually the Atlantic Ocean. 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 at the Palm Beach Gardens Office, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410-6557 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, Mrs. Tarrie Ostrofsky, in writing at the Palm Beach Gardens Office, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410-6557, by electronic mail at Tarrie.L.Ostrofsky@usace.army.mil, by fax at (561) 626-6971, or by telephone at (561) 472-3519.
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.