SAJ-2017-01376 (MOD-MMT)

PROPOSED WORK:  The applicant seeks modification of the existing permit to authorize additional impacts to 6.15 acres of wetlands, an increase of .2 acres from the original project. (5.95 + 0.2=6.15)  In addition the modifications propose 7.64 acre of surface waters, an increase 2.76 acres of total surface water impacts to be considered within this modification. (4.88 + 2.76=7.64)  The modification also propose 2.88 acres of secondary impacts, which is an increase of .02 acres from the original project. Are proposed.  (2.86 + 0.02= 2.88)

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 project will utilize turbidity curtains, silt fences, sand bags, synthetic bales or some combination of these items will be used to maintain State Water Quality standards.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment.  Unavoidable wetland and surface water impacts associated with this segment of SR 82 would result in a functional loss of 4.32 WRAP units for the Corps. This is an increase of .63 units from the original project which proposed 3.69 WRAP units. The project would include wetland and surface water impacts compensatory mitigation via credits from a private mitigation bank.  Specifically, mitigation credits have been purchased from Panther Island Mitigation Bank which currently offers freshwater, forested and marsh credits.  Panther Island Mitigation Bank is located in the West Collier drainage basin while impacts are occurring in the West Collier drainage basin.

CULTURAL RESOURCES: The project was reviewed by the Federal Highway Administration and the State Historic Preservation Officer during the Project Development and Environment Study (PD&E) phase.  The findings during PD&E Study phase were that the project would have no adverse effects on historic properties.

ENDANGERED SPECIES:  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 = not likely to adversely affect the wood stork.  The project impacts are at a distance greater than 0.47 acre from an active colony site, impacts to SFH are greater than 0.5 acre, impacts to SFH within the Core Foraging Area (CFA) of a colony site, and the applicant proposes compensatory mitigation for the loss of SFH.

Based upon review of the North and South Florida Eastern Indigo Snake Key dated 1 August 2017, the proposed project resulted in the following sequential determination: A > B > C > D > E = “Not likely to adversely affect” the Eastern indigo snake.  This determination is based on portions of the project being located in uplands, the applicant adhering to the “Standard Protection Measures for the Eastern Indigo Snake” and any permit would be conditioned such that all gopher tortoise burrows, active or inactive, would be excavated prior to site manipulation in the vicinity of the burrow.    

The project occurs within the consultation area of the Florida bonneted bat, re-cockaded woodpecker, Florida grasshopper sparrow, Florida scrub jay, American alligator and the Everglades snail kite.  Surveys conducted failed to detect these species within or near the project corridor.  The Corps has determined the proposed work will have no effect on these species.

The Corps has determined the proposed project may affect the Florida panther and Audubon’s crested caracara.  The Corps will initiate formal consultation with the FWS pursuant to Section 7 of ESA, for the proposed project, by separate letter.

ESSENTIAL FISH HABITAT (EFH):  Based on the projects location and distance from tidal waters of the United States and absence of EFH within the impact area, the Corps has determined the proposed work will have no effect to EFH.

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 or to the email address of the Project Manager noted below, 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, Mr. Mark M. Tamblyn, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410, by electronic mail at Mark.m.Tamblyn@usace.army.mil by facsimile transmission at (561) 626-6970, or by telephone at (561) 472-3519.

IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat.

EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable proposed additional impacts, 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 that 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.