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: Mattamy Homes Palm Beach LLC
c/o Tony Palumbo
1500 Gateway Blvd, Suite 220
Boynton Beach, Florida 33426
WATERWAY AND LOCATION: The project would affect waters of the United States associated with wetlands. The project site is located at 8701 Sheridan Street, Section 4, Township 51 South, Range 41 East, Cooper City, Broward County, Florida.
Directions to the site are as follows: From I-95 Exit on Sheridan St and head West to 8701 Sheridan St. Property is located on the North side of Sheridan Street.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.031836°
Longitude: - 80.259899°
PROJECT PURPOSE:
Basic: The basic project purpose is new residential development.
Overall: The overall project purpose is new residential development in Broward County, Florida.
EXISTING CONDITIONS: The subject property is approximately 8.98 acres of undeveloped land. The entire site is a freshwater exotic hardwood wetland. The onsite vegetation consists of Bischofia javanica, Schinus terebinthifolius, Ardisia elliptica, Cupaniopsis anacardioides Trema micrantha, Ficus nitida, Roystonea regia, Aristolochia littoralis, Antigonon leptopus, Dioscorea alata, Dioscorea bulbifera, and Cestrum diurnum. The existing area surrounding the project area consists of a residential community, a main roadway, and a freshwater marsh called the Monterra Mitigation area.
PROPOSED WORK: The applicant seeks authorization to place 40,317 cubic yards of fill material in 7.14 acres and excavate 1.39 acres of wetlands for a residential homes and associated structures.
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 proposes to incorporate 0.50 acres of freshwater marsh adjacent to the proposed lake, on the northern side of the property, where the applicant will plant various, native hydrophytic vegetation
• Project site will maintain a 0.78 acre buffer between the development and the adjacent mitigation site
• The applicant will implement an erosion control plan during construction
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Using a functional analysis via the modified Wetland Rapid Assessment Procedure (m-WRAP), the applicant has proposed to purchase 3.03 credits from Loxahatchee Mitigation Bank to off-set the unavoidable loss of on-site aquatic resources.
CULTURAL RESOURCES: The Corps has determined the permit area retains a very low probability for the occurrence of historic properties based upon the results having no Historic Properties in the area. Therefore, the Corps has determined that the proposed project has "No potential to cause effect" to historic properties. 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, if applicable, 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 wood stork and the Eastern indigo snake. The Corps has received programmatic concurrence from U.S. Fish and Wildlife with these determinations pursuant to Section 7 of the Endangered Species Act. No additional consultation is required.
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.
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 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, Christian Karvounis, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by e-mail at Christian.Karvounis@usace.army.mil; or, by telephone at (561) 472-3516.
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.