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: Alex Rosemurgy
Glades 95th, LLC
1201 East Hillsboro Boulevard
Deerfield Beach, FL 33441
WATERWAY AND LOCATION: The project is located within waters of the United States (Non-Wetland Waters of the U.S.). The site is located west of Boca Raton in unincorporated Palm Beach County within Township 47S, Range 42E, Section 18. The project site is bordered by Glades Road to the north and commercial, residential, and institutional development to the west, east, and south.
Directions to the site are as follows: From the USACE Palm Beach Gardens office, head west on PGA Boulevard (2 miles), then south on Florida’s Turnpike, exit at Glades Road/Boca Raton, proceed west 1.5 miles, turn left (south) on 95th Avenue. The entrance to the site is a dirt road to the right.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.36611°
Longitude: - 80.19694°
PROJECT PURPOSE:
Basic: The basic project purpose is to construct a mixed use commercial and multi-family development.
Overall: The overall project purpose is to construct a mixed use commercial and multi-family development in the west Boca Raton market area of Palm Beach County.
EXISTING CONDITIONS: The 37.6 +/- acre project area is currently under agricultural use for row crops. There are 34.1 +/- acres of uplands and 3.5 +/- acres of Non-Wetland Waters of the U.S. (agricultural ditches and drainage canals). The dominant land cover is comprised of actively farmed row crop fields with an associated network of ditches and canals. A disturbed, but currently unfarmed area of 1.8 +/- acres occurs at the southeast corner of the property and is dominated by invasive exotic vegetation, primarily Brazilian pepper.
PROPOSED WORK: The applicant seeks authorization to place 8,400 cubic yards of fill within 3.4 +/- acres and excavate 0.1 +/- acre of ditches/drainage canals in order to construct a mixed use commercial and multi-family residential community.
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 geometric layout and man-made origin of the existing agricultural ditches and drainage canals (Non-Wetland Waters of the U.S.) are the result of historic and ongoing agricultural (row crop) activities on the property. Due to their linear and continuous nature, avoidance of non-wetland waters is not practicable.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Non-Wetland Waters of the U.S. (agricultural ditches and drainage canals) will be replaced in kind by the construction of a new pond and surface water conveyance system.
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 project is within the range and known consultation areas for the following species: Eastern indigo snake (Drymarchon corais couperi), wood stork (Mycteria americana), Everglade snail kite (Rostrhamus sociabilis plumbeus), and the Florida Scrub Jay (Aphelocoma coerulescens).
Based on information available from the applicant our initial determinations for the above listed species for the project is listed below:
• May affect the Eastern indigo snake (Drymarchon corais couperi). The project will impact more than 25 acres of snake habitat. By use of the FWS Eastern Indigo Snake Key dated August 1, 2017, the following key sequence A>B>C would result in a “May Affect” determination.
• Not Likely to Adversely Affect the wood stork (Mycteria americana). The applicant has proposed compensation for wetland impacts through the use of onsite wetland mitigation. 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” (NLAA). Any loss of wood stork foraging biomass resulting from the proposed activity will be compensated on site by the creation of a surface water management system. A wood stork foraging biomass analysis has been prepared demonstrated that there will be no net loss of wood stork core foraging habitat.
• Not Likely to Adversely Affect the Everglade snail kite (Rostrhamus sociabilis plumbeus). The project area does not contain suitable forage (apple snails); however, the site is within the consultation area.
• No effect to the Florida Scrub Jay (Aphelocoma coerulescens). The project area does not contain suitable scrub jay habitat (sand pine and xeric oak scrub, and scrubby flatwoods) therefore the Corps has determined the proposal would have no effect on endangered red-cockaded woodpecker.
The Corps will request initiation of formal consultation with the FWS pursuant to Section 7 of the Endangered Species Act by separate letter for the Eastern indigo snake and Everglade snail kite.
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 3.5 +/- acres of agricultural ditches and drainage canals. 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 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 30 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.