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: Palm Beach County Board of County Commissioners
c/o Morton Rose
2300 North Jog Road
West Palm Beach, FL 33412
WATERWAY AND LOCATION: The project is located within waters of the United States associated with the Corbett Wildlife Management Area watershed (HUC 030902060801). The project site is located adjacent to Northlake Boulevard between Apache Boulevard and Grapeview Boulevard, within Sections 17 and 18, Township 42S, Range 41E, Loxahatchee, Palm Beach County, Florida.
Directions to the site are as follows:
APPROXIMATE CENTRAL COORDINATES: Latitude 26.811997°
Longitude -80.282575°
PROJECT PURPOSE: Take I95 to exit 77 (Northlake Boulevard). Take exit 77 and merge onto west bound Northlake Boulevard and proceed west for approximately 11 miles. The project begins just east of Hall Boulevard and extends west to Apache Boulevard.
Basic: The basic project purpose is to expand an existing roadway.
Overall: The overall project purpose is to expand Northlake Boulevard in Palm Beach Florida.
EXISTING CONDITIONS: The project site is an 18.5 acre area which consists of an existing roadway, three wetland areas and six surface waters. The wetland systems consists of a Wetland 2, a 2.5 acre wetland, Wetland 3, a 1.5 acre wetland, and Wetland 4, a 1.498 acre wetland. Wetland 2 is characterized as wet prairie wetland consisting primarily of corkwood, marsh pink, St. John’s wort, maidencane, umbrella sedge, grassy arrowhead, and primrose willow. Wetland 3 is characterized as a forested wetland consisting primarily of cypress, cabbage palm, melaleuca, Brazilian pepper, wax myrtle, dahoon holy, and a mixture of native grasses and sedges. Wetland 4 is characterized as a forested wetland consisting primarily of cypress, melaleuca, slash pine and sparse ground cover. The surface waters on site are a combination of drainage canals and roadside swales with steed banks and limited vegetation. The remaining project area consists of the existing roadway, grassy shoulder areas and remnant upland pine flatwoods with consist primarily of slash pines, Australian pine, laurel oak, cabbage palm, Brazilian pepper, ear-leaf acacia, cocoplum, and saw palmetto. Surrounding uses to the site include a regional drainage canal, roadways, tree nurseries, and single-family residences.
PROPOSED WORK: The applicant seeks authorization to widen Northlake Boulevard and construct a stormwater retention pond which would require discharge of fill and direct impact to approximately 1.78 acres of mixed wetlands and 0.31 acres of surface waters and secondary impact to approximately 0.27 acres of mixed wetlands.
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 roadway widening has been designed such that the limits of construction will include both areas within the existing right-of-way and, for the majority of the proposed alignment, additional expanded right-of-way to the south. Multiple alternative pond sites were examined, with the two final pond sites selected south of Northlake Boulevard within parcels where impacts to higher quality wetlands can be avoided.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Mitigation for the 1.78 acres of direct impacts and 0.27 acre of secondary impacts to wetlands is proposed in the form of the purchase of wetland acreage for a restoration area within the Palm Beach County’s Pine Glades Mitigation Area. Mitigation is not proposed for impacts to surface waters.
CULTURAL RESOURCES: The Corps is aware of historic property/properties within or in close proximity of the permit area. The Corps will initiate consultation with the State Historic Preservation Office and if applicable, those federally recognized tribes with concerns in Florida and the Permit Area as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.
ENDANGERED SPECIES: The project is within the range and consultation area of the threatened Audubon’s crested caracara (Polyborus plancus audobonii), Eastern indigo snake (Drymarchon corais couperi), Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida’s Bonneted Bat (Eumops floridanus), Florida scrub jay (Aphelocoma coerulescens), Red cockaded woodpecker (Picoides borealis), and wood stork (Mycteria americana).
No effect to the threatened Audubon’s crested caracara. Nesting or foraging habitat for the caracara consists of large expanses of pastures, grasslands, or prairies dotted with numerous shallow ponds and sloughs and single or small clumps of live oaks, cabbage palms, and cypress. The project area does contain a wet prairie wetland and cypress wetlands, but the wetland contains dense groundcover which would prevent use of the area by the species. Based on this information, the Corps determined that the project area does not contain suitable habitat and would have no effect on the Audubon’s crested caracara.
May affect, but is not likely to adversely affect the eastern indigo snake. The project site is located in an area where the eastern indigo snake may occur. The Corps has determined the proposal may affect the eastern indigo snake. The 18.5-acre project site contains less than 25 acres potential eastern indigo snake habitat. By use of the FWS revised Eastern Indigo Snake Key dated August 1, 2017, the following key sequence A-B-C-D- would result in a “May affect, but not likely to adversely affect” determination. The applicant will agree to conditions requiring that all gopher tortoise burrows, active or inactive, will be excavated prior to site manipulation in the vicinity of the burrow. If an eastern indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Any permit will also be conditioned such that holes, cavities, and snake refugia other than gopher tortoise burrows will be inspected each morning before planned site manipulation of a particular area, and, if occupied by an eastern indigo snake, no work will commence until the snake has vacated the vicinity of proposed work.
No effect to the Everglade snail kite. The project is within the consultation areas. Kite foraging habitat consists of relatively shallow wetland vegetation, either within extensive marsh systems, or in lake littoral zones. Snail kite nesting substrate is typically located over open water at a distance of approximately 150 meters from the edge of water to provide protection to the nest. It is not likely that nesting habitat is present on site. No snail kites have been observed on site and the wetlands onsite do contain areas of marsh, lake littoral zones or shallow wetland vegetation which would support the Everglades snail kites. Based on the above information, the Corps has determined that the project would have no effect on the Everglades snail kite.
May affect, but not likely to adversely affect the Florida bonneted bat. The project area may contain suitable forage or roosting habitat. Since the proposed activity is located within the Consultation Area for the Florida bonneted bat, potential impacts to the species were assessed using the Florida Bonneted Bat Consultation Key, 2019. Use of the key resulted in a path of 1A-2B-3A-Limited Roost Survey required. Pending the results of the limited roost survey, the Corps has determined the project may affect the Florida bonneted bat. The Corps will request the limited roost survey. Depending on the results of the survey, the Corps may change our determination, as appropriate, and re-consult with the U.S. Fish and Wildlife Service.
No effect to the Florida scrub jay. The project is located within the species consultation area. Suitable habitats for the scrub-jay are not only the more “classic” xeric oak scrub, scrubby pine flatwoods, scrubby coastal strand, and sand pine scrub, but also include: improved, unimproved, and woodland pastures, citrus groves, rangeland, pine flatwoods, longleaf pine xeric oak, sand pine, sand pine plantations, forest regeneration areas, sand other than beaches, disturbed rural land in transition without positive indicators of intended activity, and disturbed burned areas. The project is not located in any of these types of habitats and therefore would have no effect on the Florida scrub jay.
Not Likely to Adversely Affect the wood stork. The proposed work would result in 1.78 acres of direct wetland impacts, 0.27 acres of secondary wetland impacts through the use of onsite wetland mitigation and 0.31 acres of surface waters. By use of the FWS Wood Stork Key dated January 25, 2010 and the May 18, 2010 addendum, the following key sequence A>B>C>E would result in a “Not Likely to Adversely Affect” (NLAA) determination due to proposed impacts totaling less than 5 acres of suitable foraging habitat. Any loss of wood stork foraging biomass resulting from the proposed activity will be compensated for through the purchase of mitigation credits from an approved mitigation bank within the area. A functional assessment will be prepared upon verification of the wetland delineation prepared for this site.
No effect to the red cockaded woodpecker. The project area does not contain suitable Red-cockaded woodpecker habitat (open woodlands with large old growth pines, limited subcanopy, and abundant native bunchgrass and forb groundcover). The pines present on site are not mature suitable cavity trees and dense subcanopy is present throughout the site due to a lack of fire control. Therefore, the Corps has determined that the proposed work would have no effect on the red cockaded woodpecker.
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. The project site contains 2.05 acres of freshwater wetlands and 0.10 acres of non-wetland waters. 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. 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 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, Trey Fraley, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at robert.h.fraley@usace.army.mil, or, by telephone at (561) 472-3526.
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.