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: Broward County Aviation Department
Trevor Fisher
2200 SW 45th Street, Suite 101
Dania Beach, FL 33312
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a non-tidal freshwater wetland. The project site is located adjacent to West Perimeter Road, within Section 28, Township 50S, Range 42E, Fort Lauderdale, Broward County, Florida.
Directions to the site are as follows: From I-95 take exit towards Griffin Road. Continue West on Griffin Road to Anglers Avenue. Turn North onto Anglers Avenue and continue to SW 42nd Street. Turn East on to SW 42nd Street and continue to SW 16th Terrace. Turn North onto SW 6th Terrace and Continue onto West Perimeter Road. The destination will be on the right.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.071584°
Longitude: -80.164971°
PROJECT PURPOSE:
Basic: The basic project purpose is to construct storm water storage facility.
Overall: The overall project purpose is to construct a storm water storage facility for Fort Lauderdale-Hollywood International Airport in Broward County, Florida.
EXISTING CONDITIONS: The 6.5-acre project site is located adjacent to I-95 and facilities associated with Fort Lauderdale-Hollywood International Airport. The property consists of upland disturbed areas, unpaved roads, and a total of 1.4-acres of freshwater wetlands. The overall dominant vegetation on site consists of live oak, strangler fig, Brazilian peppertree, wild yam, and Washington fan palm. The depressional freshwater wetland areas are dominated by Brazilian peppertree with a small area of white mangroves (0.14 acres) along the northeastern border of the site.
PROPOSED WORK: The applicant seeks authorization to construct a 4.59-acre dry stormwater retention facility which would require the direct impacts to wetlands consisting fill of approximately 0.83 acres of wetlands (670-cubic yards), dredging of 0.33 acres of wetlands (532-cubic yards). The project will also result in secondary impacts to approximately 0.14 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:
Following the selection of this parcel for the project’s purpose, numerous site plan options were evaluated. Due to the parcel being bordered by roads with a drainage ditch to the east and the Naval Air Station Fort Lauderdale Museum, the configuration of the dry retention pond was chosen to be the optimal layout. Other site plan options would result in less area for the dry retention pond and/or directly impacting the mangrove wetlands.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To address mitigation requirements, the onsite wetlands were assessed utilizing the WATERS functional assessment methodology. The applicant is proposing the purchase of a total of 0.27 freshwater wetland credits from the Everglades Mitigation Bank for direct impacts to 1.16 acres of freshwater wetlands and secondary impacts to 0.14 acres of mangrove wetlands.
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, if applicable those federally recognized tribes with concerns in Florida and the Permit Area, if necessary.
ENDANGERED SPECIES: The project is within the range and consultation area of the eastern indigo snake (Drymarchon corais couperi), Everglade snail kite (Rostrhamus sociabilis plumbeus), and wood stork (Mycteria americana).
• May affect, but not likely to affect the eastern indigo snake. The project area contains refugia where a snake could be injured during construction activities. The “Eastern Indigo Snake Programmatic Effect Determination Key” (dated 1 August 2017, revised) was used to evaluate the project which produced the sequential determination: A-B-C-D-E, not likely to adversely affect. This determination is based on the applicant implementing the “Standard Protection Measures for the Eastern Indigo Snake” dated 12 August 2013 and inspecting any holes prior to construction.
• No effect to the Everglade snail kite: The project is located within the species consultation area. The species regularly occur in lake shallows along the shores and islands of many major lakes, including Lakes Okeechobee, Kissimmee, Tohopekaliga (Toho) and East Toho. They also regularly occur in the expansive marshes of southern Florida such as Water Conservation Areas 1, 2, and 3, Everglades National Park, the upper St. John’s River marshes, and Grassy Waters Preserve. Kite foraging habitat consists of relatively shallow wetland vegetation, either within extensive marsh systems, or in lake littoral zones. The project is not located in any of these types of habitats, therefore the Corps has determined that the project will have no effect on the species.
• Not likely to adversely affect the wood stork. 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 suitable foraging habitat resulting from the proposed activity will be compensated for through the purchase of credits from a federally approved mitigation bank (Everglades Mitigation Bank).
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 1.40 acres of freshwater wetlands. 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, Trey Fraley, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at robert.h.fraley@usace.army.mil, or, by telephone at (561) 472-3526.
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.