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: Dianne Saurez
13780 Mustang Trail
Southwest Ranches, Florida 33330
WATERWAY AND LOCATION: The project would affect waters of the United States associated with freshwater emergent wetlands. The project site is located at 13780 Mustang Trail, Southwest Ranches (Section 3, Township 51 south, Range 40 east), Broward County, Florida.
Directions to the site are as follows: Take Griffin Road east to Volunteer Road. Head south on Volunteer Road to Mustang Trail. Head east onto Mustang Trail and the property is on the south side of the road.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.032521°
Longitude: -80.330845°
PROJECT PURPOSE:
Basic: The basic project purpose is to construct a single family residence.
Overall: The overall project purpose is to construct a single family residence within Southwest Ranches.
EXISTING CONDITIONS: The 2.35 acre site consists of 0.59 acres of herbaceous wetlands and 1.76 acres of upland. The herbaceous wetlands are dominated by a canopy vegetation of melaleuca (Melaleuca quingenerivia), areca palm (Chrysalidocarpus lutescens), and bischofia (Bischofia javanica). The understory and groundcover includes St. Augustine grass (Stenotaphrum secundatum), cocoplum (Chrysobalanus icaco). star rush (Dichromena colorata), wedelia (Wedelia trilobata), salt bush (Baccharis helimifolia), royal fern (Osmunda regalis), coinwort (Centella
asiatica), and dollarwort (Hydrocotyle spp.). There is a total of three unconnected wetlands that comprise the 0.59 acres.
PROPOSED WORK: The applicant seeks authorization to place 2,800 cubic yards of fill over 0.59 acres of wetlands in order to construct a single family residence.
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:
Due to the size, orientation, and quality of the wetland the applicant has not proposed to any avoidance and minimization measures.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To offset the 0.59 acres of impacts the applicant has proposed to purchase 0.25 herbaceous mitigation credits from Loxahatchee Mitigation Banks.
CULTURAL RESOURCES: The Corps has determined the permit area the activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”.
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), and Everglade snail kite (Rostrhamus sociabilis plumbeus).
Based on information available from the applicant our initial determinations for the above listed species for the project is listed below:
• Not likely to Adversely Affect the Eastern indigo snake (Drymarchon corais couperi). The project will impact less 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>D>D would result in a “Not Likely to Adversely Affect” (NLAA) determination.
• Not Likely to Adversely Affect the wood stork (Mycteria americana). The applicant has proposed compensation for wetland impacts through the use of purchasing credits from a federally approved mitigation bank. 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 was not required and the purchase of credits from a federally approved mitigation bank demonstrates that there will be no net loss of wood stork core foraging habitat.
• No effect on the Everglade snail kite (Rostrhamus sociabilis plumbeus). The project area does not contain suitable snail kite habitat therefore the Corps has determined the proposal would have no effect on the 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 contains2.35 +/- acres of uplands (1.76 acres) and wetlands (0.59 acres). 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 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.