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: Florida Department of Transportation
Florida’s Turnpike Enterprise (FTE)
Attn: Annemarie Hammond
PO Box 613069
Ocoee, FL 34761
WATERWAY AND LOCATION: The project would affect waters of the United States adjacent to the Homestead Extension of Florida’s Turnpike (HEFT) including the South Florida Water Management District’s C-6 Canal and Miami-Dade County’s Snapper Creek Canal Extension, Pennsuco Canal and Golden Glades Canal. The project site is located within the FTE right-of-way of the HEFT between NW 106th Street and Interstate 75 within Sections 4, 5, 7, 8, 18, 19 and 30, Township 52S, and Range 40E, Miami-Dade County, Florida.
Directions to the site are as follows: From Ft. Lauderdale, travel south on the Florida’s Turnpike towards Homestead on the HEFT. The project begins at I-75 and continues south to NW 106th St.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.907249°
Basic: Linear Transportation
Overall: To widen the HEFT (SR 821) from an existing eight (8) lane highway to a ten (10) lane divided urban highway including three (3) general use lanes and two (2) express lanes in each direction. The HEFT mainline will also include an auxiliary lane in both the northbound (NB) and southbound (SB) direction between the NW 106th St. and US 27, US 27 and NW 170th St, and NW 170th St. and I-75 interchanges. The project includes improvements to the NB Entry/Exit and SB Entry/Exit ramps at NW 106th St and HEFT Interchange, in addition to the US 27 and HEFT interchange, improvements are proposed to widen US 27 between NW 117th Ave and NW 138th St. A new interchange is also proposed at NW 170th St. with improvement to widen the existing unpaved street to the east and west.
EXISTING CONDITIONS: The proposed project is primarily located within existing FTE right-of-way (ROW) and contains wetlands and surface waters. Adjacent land uses include herbaceous wetlands, urban developments, and mining facilities. None of the wetland or surface water systems within the project limits are located within Outstanding Florida Waters, Aquatic Preserves, or sovereign submerged lands. The project is located within the Florida Southeast Coast Watershed (USGS HUC 03090206), and South Florida Water Management District (SFWMD) East Everglades and New River Basins. The basin divide is located at the Golden Glades Canal along NW 170th St. A total of six (6) wetlands and sixty-nine (69) surface water features are located within the project boundary. The wetlands and surface waters have been altered by roadways, agriculture and mining activities. The proposed project area encompasses 456.26 acres, and consists of 10.16 acres of wetlands and 87.21 acres of surface waters. The land uses within the proposed project consist of open land (FLUCFCS 1900), improved pasture (FLUCFCS 2110), Brazilian pepper (FLUCFCS 4220), dikes and levees (FLUCFCS 7470), and roads and highways (FLUCFCS 8140).
The applicant utilized readily available data sources to evaluate the proposed project site. The primary information sources utilized include the U.S. Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) soils data; National Wetlands Inventory (NWI) data from the United States Fish and Wildlife Service (USFWS); SFWMD Florida Land Use, Cover and Forms Classification System (FLUCFCS) mapping; Florida Natural Areas Inventory (FNAI) Guide to the Natural Communities of Florida; and Florida Department of Revenue color aerial photography as well as Chapter 62-340, Florida Administrative Code (F.A.C.), and the U.S. Army Corps of Engineers (USACE) Regional Supplement to the Corps of Engineers Wetland Delineation Manual and associated Atlantic and Gulf Coastal Plain Regional Supplement (Version 2.0) (2010). The applicant performed field surveys of the proposed project area in July, November 2016, and January, March, May and July 2018. More detailed descriptions, as provided by the applicant, of the wetlands and surface waters located within the proposed project limits are as follows:
Wetland 1W (USFWS Classification: PFO 6/7, FLUCFCS Code: 6190 – Exotic Wetland Hardwoods) (Proposed Direct Impacts - 0.02 acres): Wetland 1W is located directly east of the HEFT northbound on-ramp. Other adjacent land use includes a cell tower and industrial area to the east, and an upland area comprised of Brazilian pepper (Schinus terebinthifolius) to the southeast. This system is classified as a palustrine, forested system with evergreen and deciduous trees. This area is a small depression and receives drainage from the adjacent on-ramp. A roadside ditch between the wetland and the on-ramp may provide some additional hydrology. The canopy of Wetland 1W is dominated by nuisance/exotic vegetation such as Brazilian pepper, scattered punk tree (Melaleuca quinquenervia), Australian pine (Casuarina equisetifolia), occasional queen palm (Syagrus romanzoffiana), mimosa tree (Albizia julibrissin), and bay tree (Persea spp.). The herbaceous layer supports swamp fern (Blechnum serrulatum), sawgrass (Cladium mariscus), pickerelweed (Pontederia cordata), and giant reed (Arundo donax). Surface water was not observed and hydrologic indicators were inconsistent. Wetland 1W has a significant coverage of nuisance/exotic vegetation, and has been negatively affected by surrounding development and highway.
Wetland 3W (USFWS Classification: PFO 6/7, FLUCFCS Code: 6190 – Exotic Wetland Hardwoods) (Proposed Direct Impacts - 0.10 acres): Wetland 3W abuts the HEFT to the east and is surrounded by large borrow pit canals. Other adjacent land uses include mining facilities, disturbed wetlands, an access road, and NW 170th Street. This depressional area receives some run-off from the adjacent roadway and ditch areas. The canopy of Wetland 3W is dominated by nuisance/exotic vegetation and is comprised of Brazilian pepper, punk tree, Australian pine, cabbage palm (Sabal palmetto), and occasional royal palm (Roystonea regia). The herbaceous layer supports scattered sawgrass, wild coffee (Psychotria nervosa), Boston fern (Nephrolepis exaltata), and leather fern (Acrostichum danaeifolium).
Wetland 4W (USFWS Classification: PFO 6/7, FLUCFCS Code: 6190 – Exotic Wetland Hardwoods) (Proposed Direct Impacts - 0.02 ac.): Wetland 4W is a small depressional area that is surrounded by a canal to the north and by a dirt road to the north, east, and west. Wetland 4W is directly east of the northbound HEFT lanes and southwest of Wetland 3W. Other adjacent land uses include mining facilities, disturbed wetlands, an access road, NW 170th Street, and a large mining pond to the south. The canopy and subcanopy layers of Wetland 4W are dominated by Brazilian pepper, punk tree, and Australian pine. Carolina willow (Salix caroliniana) is also found throughout the wetland. Wetland 4W appears to receive most water from a nearby canal to its north and also receives roadside runoff from both the HEFT and a nearby dirt road. Wetland 4W has limited vegetation zonation due to the dominance of exotic vegetation and is surrounded by berms.
Wetland 5W (USFWS Classification: PFO 6/7, FLUCFCS Code: 6190 – Exotic Wetland Hardwoods) (Proposed Direct Impacts - 0.28 ac., Proposed Secondary Impacts - 0.40 ac.): Wetland 5W is an exotic hardwood wetland that is adjacent to both Wetland 3W and Wetland 4W, which are northeast and northwest of Wetland 5W. Wetland 5W is also adjacent to a dirt road which runs along the northwest section of the wetland, and is north of a canal. Wetland 5W is also adjacent to an active cattle pasture, and cattle were observed utilizing the wetland for water and forage. The presence of cattle within the wetland decreases water quality and increases nutrient loads. The Wetland 5W canopy and subcanopy layers are dominated by Brazilian pepper, punk tree, Australian pine and occasional Carolina willow. There are a few Cypress (Taxodium sp.) and slash pine (Pinus elliottii) within Wetland 5W. The herbaceous layer is dominated by ferns, including Boston fern, leather fern, and swamp fern. Wetland 5W receives roadside runoff from both the HEFT and a nearby dirt road.
Wetland 6W [USFWS Classification: PEM1, FLUCFCS Code: 6410 – Freshwater Marsh (Proposed Direct Impacts - 2.29 ac., Proposed Secondary Impacts - 1.22 ac.), and PFO 6/7, FLUCFCS 6190 – Exotic Wetland Hardwoods (Proposed Direct Impacts - 1.98 ac.): Wetland 6W is an exotic hardwood wetland along the edge and a freshwater marsh in the interior that is adjacent to surface waters to the north and east. Wetland 6W continues west offsite. Other surrounding land uses include a mining pond and dirt road to the north and the HEFT to the east. Wetland 6W is currently managed as improved pasture. The forested edge is comprised of Brazilian pepper, punk tree, Australian pine and occasional Carolina willow. The herbaceous portion of Wetland 6W is comprised of bahia grass (Paspalum notatum) with occasional pickerelweed, arrowhead (Sagittaria sp.), pennywort (Hydrocotyle umbellata) and spikerush (Eleocharis sp.). Wetland 6W receives roadside runoff from both the HEFT and a nearby dirt road. Observations of hydrology include soil saturation within 6 inches of the surface and muck.
Wetland 7W [USFWS Classification: PEM1, FLUCFCS Code: 6410 – Freshwater Marsh (Proposed Direct Impacts - 3.63 ac.), PFO 6/7, 6190 – Exotic Wetland Hardwoods (Proposed Direct Impacts - 1.84 ac.)]: Wetland 7W is an herbaceous wetland with a forested fringe located west of the HEFT, and is surrounded by mining facilities and access roads. Wetland 7W is currently managed as improved pasture. The forested edge is comprised of pond apple (Annona glabra), Brazilian pepper, punk tree, Australian pine and occasional Carolina willow. Herbaceous species found within the wetland are predominantly torpedo grass (Panicum repens) with the occasional pickerelweed, arrowhead, pennywort, spadeleaf (Centella asiatica), camphorweed (Pluchea sp.), and primrose willow (Ludwigia peruviana). Observations of hydrology include soil saturation within 6 inches of the surface and muck.
Surface Waters Ditches 1, 2, 4, 6, 9-12, 14-18, 21, 23, 24, 26-28, 30-34, 37, 38, 42, 43, 46, 47, 49-51, 53, 55-58, 58A, 59A, 59B, and 60 (USFWS Classification: PEM1x (excavated palustrine emergent marsh with persistent vegetation), FLUCFCS Code: 510 – streams and waterways (Proposed Direct Impacts - 38.11 ac.): Drainage features categorized as roadside linear grass swales or ditches which run parallel to the HEFT. They are man-made drainage conveyances of varying lengths and widths constructed as part of a previous HEFT project and are subject to routine mowing and/or trimming of vegetation. Vegetation observed includes sand cordgrass (Spartina bakeri), maidencane (Panicum hemitomon), pickerelweed, arrowhead (Sagittaria lancifolia), shore rush (Juncus marginatus), leather fern, Carolina willow, wax myrtle (Morella cerifera), and bahia grass. Nuisance/exotic species observed include Peruvian primrose willow, cattail (Typha sp.), and torpedo grass. These areas have been affected by ROW maintenance and associated edge affects.
Surface Waters Canals 5, 7, 8, 13,18A-18D, 25, 29, 35, 36, 39, 41, 44, 45, 48, 52, 54, 59, 61, and 62 (USFWS Classification: PEM1x (excavated palustrine emergent marsh with persistent vegetation), FLUCFCS Code: 510 – streams and waterways (Proposed Direct Impacts - 22.27 ac.): These canals are man-made, open water channels with maintained steep side slopes and mowed edges. They include the Snapper Creek Extension Canal, C-6 Canal, Pennsuco Canal, Borrow Pit Canal (west), Borrow Pit Canal (east), and Golden Glades (NW 170th Avenue) Canal. Storage and conveyance will be replaced onsite via piping, creation of stormwater management ponds, and/or other drainage structures.
Surface Waters Ponds 3, 19, 20, 22, and 40 (USFWS Classification: PEM1x (excavated palustrine emergent marsh with persistent vegetation), FLUCFCS Code: 534 – reservoirs) (Proposed Direct Impacts - 15.10 ac.): These ponds are maintained, steep sloped, man-made storm water management facilities or borrow ponds associated with adjacent mining facilities.
PROPOSED WORK: The applicant seeks authorization for the permanent direct impacts (dredge and/or fill) to 10.16 acres of wetlands and 85.64 acres of surface waters to construct the HEFT improvements and associated interchanges.
The proposed drainage systems will consist of ditches and storm drain systems. Runoff will be collected from the developed project site and will be conveyed to detention ponds to provide the required water quality treatment and attenuation.
The applicant has indicated that 1.62 acres of secondary wetland impacts will result from this project and will be compensated.
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:
Consideration was given to avoiding and/or minimizing wetland impacts. The design of the proposed facility and stormwater management area were evaluated to determine the appropriate location with the least environmental impacts. Wetland and surface water impacts were reduced and eliminated wherever practicable. There are no practicable alternatives to the proposed construction in wetlands. The proposed action includes all practicable measures to minimize adverse effects to wetlands that may result from the proposed construction activities, and the proposed design represents the minimum amount of fill required in order to achieve the project purpose and meet the drainage requirements. The project will be constructed in accordance with the Clean Water Act Section 401, Water Quality Certification (WQC), and Best Management Practices (BMP) will be implemented during construction to avoid water quality degradation. All water treatment and attenuation will occur within the proposed stormwater management facilities. Offsite waters will be protected by erosion control measures, including staked turbidity barriers, floating turbidity barriers, geotextile hay bales, or a combination thereof, as well as sediment monitoring.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The proposed project will result in direct impacts to 10.16 acres and 1.62 acres of secondary impacts to wetlands, and 85.64 acres of surface waters. The applicant utilized the Wetland Rapid Assessment Procedure (WRAP) to analyze the waters of the United States functions that will potentially be lost as a result of the proposed impacts. Mitigation for the direct and secondary wetland impacts will be provided through the purchase of 2.50 freshwater herbaceous credits from Bluefield Ranch Mitigation Bank, which is a fully permitted federal wetland mitigation bank. The surface waters (ditches/ponds) to be impacted will be offset by the creation of new ditches and stormwater ponds.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. The applicant has provided documentation from the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida concurring that the project should not have impacts to cultural resources.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern Indigo snake (Drymarchon corais couperi), Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida bonneted bat (Eumops floridanus), West Indian manatee (Trichechus manatus), and wood stork (Mycteria americana). The Corps will request USFWS concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Eastern Indigo Snake: This species is found in a variety of habitats, including swamps, wet prairies, xeric pinelands and scrub areas. It may utilize gopher tortoise (Gopherus polyphemus) burrows for shelter during the winter and to escape the heat during the summer. This species feeds on snakes, frogs, salamanders, toads, small mammals, birds and young turtles. The project limits contain minimal suitable habitat for the Eastern Indigo snake and no gopher tortoise burrows were found. The potential impacts were evaluated using The Eastern Indigo Snake Programmatic Effect Determination Key, August 2017. Use of the Eastern Indigo snake key resulted in the following sequential determination: A > B > C > D> E = may affect, but not likely to adversely affect the eastern indigo snake. To minimize effects, the applicant proposes to adhere to the Standard Protection Measures for the Eastern Indigo Snake (USFWS, August 12, 2013) during construction. Also, the applicant proposes that all potential refugia will be inspected before site manipulation and, if occupied by an eastern indigo snake, work will not commence until the eastern indigo snake has vacated the vicinity of the proposed work. Lastly, there will continue to be available habitat for this species outside the project boundary (limits of construction). Based on this information, the Corps has determined that the project may affect, but not likely to adversely affect this species.
Everglade Snail Kite: The project limits are within the Consultation Area of the Everglade snail kite. Snail kites may occur in wetlands of central and southern Florida, are highly mobile, and may travel through most of the south Florida wetland systems during their lifetime. Snail kite nesting and foraging habitat consists of relatively shallow wetland vegetation. Dense vegetation is not optimal for snail kite foraging due to the difficulty of kites seeing apple snails, which is their primary food source. Some of the surface water areas may be considered snail kite foraging area; however, the project area does not contain habitat appropriate for nesting and no potential prey was observed by the applicant during their site evaluations within the project limits. No individuals have historically been documented within the project area. According to 2009-2013 data, the nearest documented nest was sighted approximately 8 miles southwest of the project area. Much of the surface water onsite that could provide foraging habitat will be replaced onsite. Based on this information, the Corps has determined that the project may affect, but not likely to adversely affect this species.
Florida bonneted bat: The project limits are within the Consultation Area of the Florida bonneted bat but outside designated focal areas. This species has been documented historically in, and continues to have the potential to inhabit, a variety of habitat types including mangroves, earth midden hammocks, pine rockland, wet prairie, tropical hardwoods, hardwood hammock, pine flatwoods, areas near lakes, cypress hammocks scrubby flatwoods, and wetland scrub habitat; as well as man-made and altered areas such as residential and urban area canals, and developed park lands. Documented roost sites include a cavity in a long leaf pine (Pinus palustris) tree, a cavity in a Florida royal palm (Roystonea regia), bat houses located on public and private lands, limestone outcroppings, and under Spanish tiles of residential properties. The number of Florida bonneted bats in a roost varies from a single individual to small colonies. The potential impacts were evaluated using The Florida Bonneted Bat Effect Determination Key, 2013. Use of the Florida bonneted bat key resulted in the following sequential determination: 2 > C = may affect the Florida bonneted bat due to the project area larger than 5 acres and impacts more than 1 acre of upland or wetland forest; upland or wetland shrub; open freshwater wetlands; or open water (e.g., lakes, ponds, canals, streams, rivers). To minimize effects, the applicant surveyed potential roosting habitat for the presence of bats according to the draft protocol for Florida Bonneted Bat Roost Surveys, February 2015. The project area contains minimal large or mature trees or other areas of suitable natural roost structures. Several existing bridge structures are within the project area. No evidence of bats were observed within natural or man-made structures that could support roosting. Based on this information, the Corps has determined that the project may affect, but not likely to adversely affect this species.
West Indian manatee: Manatees are found in freshwater, brackish, and marine environments. Typical coastal and inland habitats include coastal tidal rivers and streams, mangrove swamps, salt marshes, freshwater springs, and vegetated bottoms. Shallow seagrass beds, with ready access to deep channels, are generally preferred feeding areas in coastal and riverine habitats. Manatees use secluded canals, creeks, embayments, and lagoons for resting, cavorting, mating, calving and nurturing their young; and open waterways and channels as travel corridors. While the project is not located in the West Indian Manatee Consultation Area or an Important Manatee Area, it does contain accessible waterways that have the potential to provide access to manatees. These locations include the Miami-Dade County’s (MDC) Snapper Creek Canal Extension, MDC Golden Glades (NW 170th St.) Canal, MDC NW107th St. Canal, and SFWMD’s C-6 Canal. Use of the Manatee Key (April 25, 2013) resulted in the following sequential determination: A > B = may affect the manatee through the installation of new culverts and/or maintenance or modification of existing culverts and in-water activity. To minimize affects, the applicant proposes to install manatee grates on new or modified culverts with diameters between 8 inches to 8 feet within the C-6 Canal, Golden Glades Canal, 107th Canal and Turnpike ROW to prevent manatee entry or entrapment. In addition, the standard manatee conditions for in-water work will be implemented. Although the Key resulted in a may affect determination, with the inclusion of the above measures, the Corps has determined the project may affect, but is not likely to adversely affect this species.
Wood Stork: The project is located within the core foraging area (CFA) of seven active wood stork nesting colonies: Kinich (No ID#), Sawgrass Ford (No ID #), Emerald Estates 1 and 2 Griffin (No ID#), Tamiami Trail West (ID# 620313), Tamiami Trail East 1 (No ID #), Tamiami Trail East 2 (No ID #), and 3B Mud East (No ID #). The wetlands located within the project limits provide suitable foraging habitat (SFH). In addition, the surface waters provide non-forested SFH. According to the USFWS database, the nearest wood stork colony is located approximately 7.8 miles from SFH within the project boundary. No individuals were observed during field assessment activities performed by the application from December 2015 through April 2016. The applicant proposes to provide SFH compensation for wetland impacts through the purchase of wetland functional credits within the service area of a Service-approved mitigation bank and provide on-site replacement for surface water SFH impacts. Habitat compensation will replace foraging value based on the analysis of forging prey base losses and enhancements from the proposed action. To address impacts to surface water SFH impacts, the applicant is recreating similar habitat acreage. Given the above information, and based upon review of the Wood Stork Key for South Florida dated May 2010, the proposed project resulted in the following sequential determination: A > B > C > E = may affect, but not likely to adversely affect the wood stork.
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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the receiving waters. 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 Panama City Permits Section, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, Florida 33919 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, Ms. Cynthia D. Ovdenk, in writing at the Panama City Permits Section, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, Florida 33919; by electronic mail at Cynthia.D.Ovdenk@usace.army.mil or, by telephone at (239) 334-1975, extension 0010.
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 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.