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: Urbany Infill, LLC
Attn: Miguel Redondo
41 SE 5th Street #2806
Miami, Fl, 33131
WATERWAY AND LOCATION: The project would affect waters of the United States associated the discharge of fill material within waters of the U.S. The project is located on an undeveloped parcel (PCN: 484215010461) on Crystal Lake Drive, adjacent to Crystal Lake (Sailboat Lake), Deerfield Beach (Section 15, Township 48 South, Range 42 East), Broward County, Florida.
Directions to the site are as follows: Take I-95 south toward Deerfield Beach and exit onto Sample Road. Continue west on Sample Road and
APPROXIMATE CENTRAL COORDINATES:
Basic: The basic project purpose is for an upland multi-family residential development.
Overall: The overall project purpose is for an upland multi-family residential development in Deerfield Beach.
EXISTING CONDITIONS: The undeveloped parcel is approximately 1.33 acres, which is adjacent to the Crystal Lake. The natural shoreline does not contain any bulkhead or structures. No aquatic vegetation is anticipated to be present within the project footprint due to it being a freshwater lake.
PROPOSED WORK: The applicant proposes to discharge 7,698 cubic yards of fill material within 0.29 acres of Crystal Lake and also place 3,750 cubic yards of riprap within 0.12 acre footprint within Crystal Lake.
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: No aquatic vegetation is anticipated to be present within the project footprint due to the freshwater nature of the lake. Turbidity curtains will be used. All work will be done in the daytime.
COMPENSATORY MITIGATION –The applicant has provided the following explanation why compensatory mitigation should not be required: No compensatory mitigation is required because no impacts to submerged aquatic vegetation is proposed or anticipated.
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.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the endangered wood stork (Mycteria americana), The Corps has already received programmatic concurrence from the U.S. Fish and Wildlife Service (FWS) for this determination and therefore no further consultation pursuant to Section 7 of the Endangered Species Act is required.
ESSENTIAL FISH HABITAT (EFH): The South Atlantic Fishery Management Council does not designate freshwater lakes as EFH for any of the species managed under federal fishery management plans.
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 Ms. Linda C. Knoeck Permits Section, 4400 PGA Boulevard, Palm Beach Gardens, FL 33410, within 21 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. Linda C. Knoeck, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Palm Beach Gardens, FL 33410; by electronic mail at Linda.C.Knoeck@usace.army.mil; or by telephone at (561) 472-3531.
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.