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: City of Sunrise
10770 W Oakland Park Boulevard
Sunrise, FL 33351
WATERWAY AND LOCATION: The project would affect waters of the United States associated with two outparcels (1.40 acres) within a 10.6 acre parcel. The project site is located at West Oakland Park Boulevard and North Flamingo Road, Section 24, Township 49, Range 40, Sunrise, Broward County, Florida.
Directions to the site are as follows: Take 95 South to Florida’s Turnpike (exit 129). Take exit 71 to go west on Sawgrass Expressway. Continue for 17 miles, take exit 3 to Oakland Park Boulevard. Site will be on your left directly after the exit.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.171400°
Basic: Fill undeveloped parcels for commercial development.
Overall: Fill undeveloped parcels for commercial development in Sunrise, FL.
EXISTING CONDITIONS: The wetland system consists of a freshwater system. Observed vegetation onsite consists mainly of native species common to wetlands and transitional habitats, with scattered non-native wetland species. Native species onsite was predominantly spikerush (Eleocharis cellulosa). Non-native species present onsite includes cattail (Typha sp.). The onsite vegetation also consists of Australian pine and (Casuarina equisetifolia), and lead tree ((Leucaena leucocephala). The existing area surrounding the project area consists of highway/roads to the west and south and residential developments to the north and east.
PROPOSED WORK: The applicant seeks authorization to discharge 4,020 cubic yards of fill in 1.03 acres of 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:
This summary serves as a narrative on the avoidance and minimization of impacts as reviewed and included to the greatest extent possible for the proposed project. Due to the nature and location of the wetlands and maintenance of the mitigation area, complete avoidance is not a viable alternative as the project would create two small, isolated wetland areas. If completely avoided, these parcels would not support a significant functional value due to their existing condition and their location adjacent to the Sawgrass Expressway and residential developments.
Additionally, the proposed parcels were previously authorized as Permit No. SAJ-2005-00475. This authorization included the fill of the proposed outparcels as well as a 9.2-acre fill pad. As part of this authorization, a mitigation area was proposed to be enhanced as onsite avoidance and minimization. These outparcels were never filled, but the mitigation area remains but was never enhanced and completed per the authorization. Therefore, with the continued enhancement of this marsh area, the project has been sufficiently avoided and minimized as previously authorized.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant is proposing to mitigate through the purchase of wetland credits at FP&L Everglades Mitigation Bank (EMB).
CULTURAL RESOURCES: The Corps is aware of historic property/properties within or in close proximity of the permit area. The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork and Everglade snail kite or their designated critical habitat. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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 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 District s.
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, Carolyn Farmer, in writing at 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; by electronic mail at Carolyn.H.Farmer@usace.army.mil; or, by telephone at (561)472-3527.
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.