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: South Florida Water Management District
Attention: Nimmy Jeyakumar
3301 Gun Club Road
West Palm Beach, Florida 33406
WATERWAY AND LOCATION: The project would affect waters of the United States associated with 240 acres of freshwater wetlands and 7.2 acres of non-wetlands waters associated with jurisdictional agricultural ditches and swales. The project site is located within a 560 acre area in the Everglades Agricultural Area, 1.95 miles east of Rotenberger Wildlife Management Area, and 1.5 miles north of Holey Land Wildlife Management Area, Sections 19 and 30, Township 46 South, Range 36 East, Palm Beach County, Florida.
Directions to the site are as follows: From SFWMD's G-720 Structure [located on the West Side of A-1 FEB], travel west on the STA 3/4 Inflow Canal's north levee road approximately 7.7 miles [passing north of G-372] until the road turns north and becomes the L-23 Canal's east levee road. Continue north on the L-23 Canal's east levee road approximately 0.9 miles, then east on the first farm road encountered [which runs along the south side of the canal]. Continue east along the south side of the canal approximately 0.8 miles until farm road terminates at unnamed N-S farm road. Travel North on unnamed farm road approximately 0.5 miles and make a slight jog to cross the unnamed canal. Turn east and travel approximately 1.0 miles to the SE corner of the 560 acre site.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.463164°
Longitude: -80.777961°
PROJECT PURPOSE:
Basic: Construction Preparation and Stockpiling of Fill
Overall: To stockpile fill material for the future construction of the A-2 Reservoir within the Everglades Agricultural Area, Palm Beach County, Florida.
EXISTING CONDITIONS: The wetland system consists of a previously farmed area that has been abandoned since 2004 and since the area became fallow, wetlands have returned. The existing 7.2 acres of non-wetland waters include 1.6 acres of a north south ditch and 5.6 acres of east-west ditches. Onsite vegetation within the 240 acres of wetlands includes a variety of invasive and non-invasive grass and shrub species. The existing area surrounding the project area consists of areas that are both actively farmed and lands that have been left fallow.
PROPOSED WORK: The applicant seeks authorization to place fill within 240 acres of freshwater wetlands, 7.2 acres of non-wetland waters within a 560 acre area of the Everglades Agricultural Area to stockpile muck, processed limestone, and other clean fill for the construction of the A-2 Reservoir Project.
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:
“Avoidance was achieved by selecting the least-damaging practicable alternative while minimization has been accomplished by limiting the footprint to the minimum dimensions needed to support stockpiling and related needs.”
COMPENSATORY MITIGATION –The applicant has provided the following explanation why compensatory mitigation should not be required:
“Mitigation has not been proposed because of the temporary nature of the activity and the recognition that any loss in aquatic resource functions and/or services will be more than offset by constructing and operating the Federally approved A-2 Reservoir/STA project.”
CULTURAL RESOURCES: The project area was subject to a cultural resources assessment survey in the past (DHR Survey #20373). The survey focused on higher potential areas across the EAA Cell A-2 area. Intensive shovel testing was undertaken in the higher potential area of the current project footprint. No cultural resources were identified. Based upon past environmental conditions within the project footprint, the remainder of the footprint retains a low probability for archaeological resources. The potential of identifying archaeological sites through additional testing at low probability intervals across the remainder of the project footprint is very low. The inadvertent discoveries clause conditioned in the permit will be sufficient to address any remaining potential. Based upon this information the Corps has determined that the project will have no effect to historic properties. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES: The Corps has determined the proposal may affect the Eastern indigo snake (Drymarchon couperi) and wood stork (Mycteria americana). Use of The Corps of Engineers, Jacksonville District and the U.S. Fish and Wildlife’s Indigo Snake Key dated 1 August 2017 resulted in a path of A-B-C, since the project will impact greater than 25 acres of eastern indigo snake habitat, which includes active and inactive agricultural fields used for sugarcane. Additionally, suitable foraging habitat (SFH) may be located within littoral zones of the non-wetland waters where water depth is between 2-15 inches deep and within the 240-acre herbaceous wetland located on site. Use of The Corps of Engineers, Jacksonville District and the U.S. Fish and Wildlife’s Wood Stork Key dated 18 May 2010, resulted in a path of A-B-C-E, since the applicant has not proposed mitigation to offset the impacts to suitable foraging habitat. Therefore, the Corps will request initiation of formal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.
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.
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, Jerilyn Ashworth, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Jerilyn.K.Ashworth@usace.army.mil; by facsimile transmission at (561)626-6971; or, by telephone at (561)472-3508.
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