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: Okeechobee Landfill Inc.
10800 NE 128th Boulevard
Okeechobee, Florida 34973
WATERWAY AND LOCATION: The project would affect waters of the United States associated with wetlands. The project site is located at 10800 NE 128th Avenue, Okeechobee (Section 13, Township 36 south, Range 36 east), Okeechobee County, Florida.
Directions to the site are as follows: Starting at Palm Beach gardens, Florida, travel west on PGA Blvd. to SR 710. From the intersection of PGA Blvd and SR 710, travel
northwest on SR 710 approximately 38 miles to S.E.128th Blvd. Tum north on 128th Blvd and travel approximately 11 miles (crossing SR 70) to the Okeechobee Landfill main entrance and office at 10800 N.E. 128th Blvd.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.325830°
Longitude: - 80.685806°
PROJECT PURPOSE:
Basic: The basic project purpose is for the expansion of an existing landfill.
Overall: The overall project purpose is for the expansion of an existing landfill in Okeechobee County.
BACKGROUND: The Okeechobee Landfill, Inc. received permit SAJ 1995-00479 (IP-AKM) (2011) with an expiration date of May 2, 2016. This permit authorized the filling of 28.55 acres of wetlands for the construction of waste cells at the Landfill Phase III Expansion Area. The issued permit required compensatory mitigation for the 28.55 acres of wetland impacts. Wetland mitigation was provided through onsite restoration, enhancement, and creation of wetlands in the Part B, and Cypress Creek mitigation areas. At the time the permit was issued, it was anticipated that the project would be completed prior to permit expiration. However, a reduction in waste flow to the landfill delayed the need for new waste cell space. In September 2017, Hurricane Irma struck Florida and generated a massive amount of storm debris which accelerated the need for waste cell space at the landfill, and the completion of Phase III Area became a priority.
EXISTING CONDITIONS: The wetland system consists of a 4.8 acre freshwater herbaceous system. The onsite vegetation consists of predominantly exotic nuisance species. The existing area surrounding the project area consists of an existing landfill and onsite mitigation.
PROPOSED WORK: The applicant seeks authorization to place approximately 13,000 cubic yards of fill over the remaining 4.8 acres of herbaceous wetlands in order to construct the remaining work of Phase III cells for the purpose of expanding the existing Okeechobee Landfill.
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 proposed 4.8 acres of impacts was previously permitted under the original authorization. The original authorization required the preservation of 87.93 acres of wetlands and 121.83 acre of upland in perpetuity and placed under a conservation easement.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why additional compensatory mitigation should not be required:
The authorizing permit required compensatory mitigation which was provided though onsite mitigation. The onsite mitigation included wetland enhancement, wetland restoration and wetland creation activities. The required mitigation activities have been completed, and Mitigation Area B (created marsh) has met the success criteria and been release from further monitoring and reporting requirements. The cypress creek mitigation area is trending toward success, with annual monitoring and reporting ongoing.
CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern indigo snake, Florida grasshopper sparrow, Everglade snail kite, Wood stork, and Audubon crested caracara. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal would have no effect on any listed threatened or endangered species or designated critical habitat.
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. No EFH is located within or areas affected by the project. 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 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.