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SAJ-1986-37585(SP-VEK)

Published Nov. 18, 2019
Expiration date: 12/9/2019
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: Woodfield Country Club
3650 Club Place
Boca Raton, FL 33496

WATERWAY AND LOCATION: The project would affect waters of the United States associated with onsite non-wetland surface waters of a golf course. The project site is located at 3650 Club Place, Boca Raton, Section 4, Township 47 south, Range 42 east, Palm Beach County, Florida.

Directions to the site are as follows: From I-95 take exit 48B-A and merge west onto SR-794W/W Yamato Road. Head west on Yamato Road and turn right onto NW 55th Diagonal/ Woodfield Country Club Parkway. Turn right onto NW 36th Ave then left onto Club Place until you reach 3650 Club Place.

APPROXIMATE CENTRAL COORDINATES:
Latitude : 26.401356°
Longitude: -80.162842°

PROJECT PURPOSE:

Basic: Recreational enhancement at an existing golf course.

Overall: The expansion and reconfiguration of the existing Woodfield Country Club golf course in Boca Raton, Florida.

EXISTING CONDITIONS: The existing 206.52 acre project site consists of an actively utilized golf course with 79.49 acres of non-wetland water features present as water hazards and golf course ponds. The site is regularly mowed and maintained, therefore the onsite lake system lacks littoral wetlands and lake banks are vegetated with St. Augustine grass (Stenotaphrum secundatum). The golf course is surrounded by residential development, water management canals and ponds, and roadways. The existing drainage system discharges to Lake Worth Drainage District (LWDD) canals L-40, L-41, L-42 and E-2-E.

PROPOSED WORK: The applicant seeks authorization to place 52,575 yd3 of fill within 6.24 acres of non-wetland surface waters. The proposed work also includes the excavation of 51,750 yd3 of upland material for the creation of 4.52 acres of non-wetland surface waters and 3.12 acres of littoral shelf wetlands with 135,750 ft2 of wetland plantings.

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 applicant is proposing the minimum amount of fill required to accomplish the basic project purpose while retaining recreational areas and stormwater management capacity.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

No compensatory mitigation is being proposed as there are no impacts to aquatic resources.


CULTURAL RESOURCES:

The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected. While golf course creation does not necessarily indicate ground disturbances that preclude intact archaeological sites, the land-use history of this particular project area indicates that the level of disturbances associated with agricultural land modifications and the modern construction of the lakes, golf course, and residential development were very intensive.
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 Wood stork (Mycteria americana) and the Eastern Indigo Snake (Drymarchon
corais couperi).

Wood stork: Potential effects to the threatened Wood stork were assessed using the Programmatic Concurrence Key dated May 18, 2010. Use of this key produced the sequential determination of A-B-C-D-E-MANLAA. The project site is within two Wood stork core foraging areas and supports marginally Suitable Foraging Habitat (SFH) in the form of the open water shallows along the shoreline of the 79.49 acres of on-site ponds and water hazards. The ponds are interconnected and drain to the LWDD canal system via canals L-40, L-41, L-42 and E-2-E and are considered permanently inundated waters. While the ponds currently lack a littoral fringe and there are no wetlands onsite, the project proposes impacts to 53,250 ft2 (1.22 acres) of shallow open water shoreline SFH associated with the ponds. A majority of these impacts will be replaced in kind, type for type, by the proposed 33,300 ft2 (0.76 acres) of new shoreline created as a result of the project due to the excavation of 4.52 acres of uplands (51,750 yd3 of material) to form new lakes and create additional lake area. In addition, the applicant will create 3.12 acres of new littoral wetland SFH, which includes 135,750 ft2 of littoral wetland plantings. Therefore, the Corps has determined the project May Affect, but is Not Likely to Adversely Affect the Wood Stork. By letter dated 18 May 2010, the USFWS stated that for proposed activities analyzed with the May 2010 version of The Wood Stork Effect Determination Key that reach a no effect or MANLAA determination, the FWS concurs with the Corps determination and requirements of Section 7 of ESA are fulfilled. Therefore, no further consultation with USFWS is required.

Eastern indigo snake: As the project site is located within the range of the Eastern indigo snake, potential effects to the species were assessed using the Programmatic Effect Determination Key provided by the USFWS South Florida Ecological Services Office (Revised July 2017). Use of this key produced a sequential determination of A-B-C-D-E-MANLAA. This determination is based on the minimal suitable onsite habitat for the Eastern indigo snake as defined by the effect determination key, as the project site is composed of 127.03 acres of mowed, maintained golf course uplands that lack suitable vegetation or refugia and 79.49 acres of open water ponds and water hazards. This determination will also require that the applicant utilizes Standard Protection Measures for the Eastern Indigo Snake (2013) during all construction activities. Therefore, the Corps has determined the project May Affect, but is Not Likely to Adversely Affect the Eastern indigo snake. By letter dated 1 August 2017, the USFWS stated that for proposed activities analyzed with the July 2017 version of the Eastern Indigo Snake Programmatic Effect Determination Key that reach a MANLAA, the USFWS concurs with this determination and no further consultation is necessary for the effects of the proposed action.

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. Due to the project’s location in freshwater surface waters, the proposed action would not have an 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.

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, 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, Virginia King, in writing at the Palm Beach Gardens Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at Virginia.E.King@usace.army.mil ; or, by telephone at (561) 472-3515.


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.

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.