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: Broward County Solid Waste and Recycling Services
Attn: Richard K. Meyers
1 North University Drive, STE 400
Plantation, FL 33324
WATERWAY AND LOCATION: The South Broward Resource Recovery Facility and Associated Ash Residue Landfill is located adjacent to the South Fork of the new River Canal at 4400 South State Road 7, in Ft. Lauderdale (Section 24 and 25, Township 50 South, Range 41 East), in Broward County, Florida.
Directions to the site are as follows: Located East of State Road 7/US-441, between Griffin Road and Interstate 595, in Broward County, Florida.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.07782°
Longitude: -80.20312°
PROJECT PURPOSE:
Basic: The basic project purpose is to provide solid waste disposal.
Overall: The overall project purpose is to provide solid waste disposal to Broward County.
HISTORY: All developmental impacts to wetland areas were previously mitigated. The mitigation included the construction of five (5) wetland mitigation sites. The Corps issued a dredge and fill permit in 1986. As originally intended, the Ash Residue Landfill was constructed (on an as-needed basis) in phases to provide for solid waste disposal of ash residue generated from the adjacent Resource Recovery Facility/waste-to-energy plant (Facility). The permit authorized the fill of approximately 97.3 acres of wetlands. The permit expired on April 2, 2017. Broward County was required to construct four mitigation sites comprising approximately 110.7 acres as wetland compensatory mitigation. All mitigation construction, monitoring, and reporting have been completed. The Corps’ Jacksonville District Enforcement Section verified on March 27, 1996, that the applicant had met the mitigation success criteria for this project. Broward County also indicated that it continues and will continue to maintain and monitor the mitigation sites to ensure the long-term success of the sites.
PROJECT HISTORY: In 1991, the initial phase (approximately 21 acres) of the Ash Residue Landfill was constructed. This phase is referred to as Cell 1A. The Corp issued a 10-year permit extension in 1996. In 1998, a landfill expansion (approximately 12.5 acres) was constructed immediately east of Cell 1A, this phase is referred to as Cell 1B(1). The Corp issued another 10-year extension in 2006. In 2009, a landfill expansion (approximately 12.5 acres) was constructed immediately east of Cell 1B(1), this phase is referred to as Cell 1B(2). The initial landfill phase (21 acres), along with the two landfill expansion phases (12.5 acres each), totals approximately 46 acres of landfill space constructed to date. As the 46 acre landfill nears capacity, it is anticipated that the landfill will be expanded to the north (Cell 1C) in the future.
EXISTING CONDITIONS: The landfill currently serves as a disposal location for ash residue from the adjacent South Broward Resource Recovery Facility (waste-to-energy-plant). Approximately 46 acres of have been constructed and utilized to date. The current authorized expansion area consists of a disturbed remnant wetland system comprised of a small open water area dominated by cattails and sawgrass marsh. The remainder of the disturbed area consists largely of dense australian pine, abandoned agricultural fields, scattered melaleuca and a perimeter of brazilian pepper, earleaf acacia, shoebutton ardisia, mahoe and beach naupaka. Other native species observed consist of sea grape and cabbage palm. The area surrounding the project area consists of ash landfill to the south commercial development to the west, I-595 to the north, and the ash landfill mitigation area to the east.
PROPOSED WORK: The applicant requests a 10-year extension to an existing dredge and fill permit for the Ash Residue Landfill. The original permit was known as both 83-B-3304 (for associated recovery facility) and 83B-3305 (for the disposal cells), and authorized the fill of approximately 97.3 acres of wetlands for the construction of 2 landfill cells known as the Ash Residue landfill. No additional impacts are proposed beyond what was already permitted.
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: No additional impacts are proposed beyond what was already permitted.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: To compensate for wetland impacts created by the original authorized project, four mitigation areas constructed by Broward County included: one immediately east of the Ash Residue Landfill (Ash Landfill); one north of the Facility (Hacienda Flores); and two west of the Facility (Tree Tops Park and East Everglades). In addition, a fifth mitigation area, immediately south and east of the Facility (Riverine), was constructed by Broward County to meet compliance requirements of the Florida Power Plant Siting Board Final Certification dated June 1986. The Corps Enforcement Section verified (in 1996) that Broward County had met the mitigation success criteria. Broward County has agreed that it would continue to maintain and monitor the mitigation sites to ensure the long-term success of the sites as high quality wetland habitats.
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” the endangered wood stork (Mycteria Americana), threatened eastern indigo snake (Drymarchon corais), and the threatened Everglades snail kite (Rostrhamus sociabilis). The Corps has received programmatic concurrence from the U.S. Fish and Wildlife (FWS) for the wood stork and eastern indigo snake and has received prior concurrence with the above effect determination for the Everglades snail kite, therefore no additional consultation with FWS is required.
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 Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410, or by electronic mail at Linda.C.Knoeck@usace.army.mil or by telephone at (561) 472-3531 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, Linda C. Knoeck, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at Linda.C.Knoeck@usace.army.mil, or, by telephone at (561)472-3531.
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.