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: South Florida Water Management District
Attn: Mr. Drew Bartlett
3301 Gun Club Road
West Palm Beach, FL 33406
WATERWAY AND LOCATION: The proposed project is located in waters of the United States on undeveloped land bounded on the west by U.S. Highway 441 and undeveloped land, on the east by the L-64 Canal and undeveloped land, on the north by the L-63S Canal and State Road 710, and on the south by undeveloped land. The property is located in Sections 04, 05, 19, 29, 30, 31, and 32, Townships 38S & 39S, Range 37E, Martin County, Florida.
Directions to the site are as follows: Travel northwest on SR 710, Southeast on County Road 15-b, then southeast approximately 4.9 miles on U.S. Highway 441. To access the main LRSTA site, the entrance is an unnamed road leading into a sugarcane field south northeast of U.S. Highway 441. To access the S-191A site, continue on U.S. Highway 441 to the C-59 Canal. Take the last left prior to crossing the bridge over the C-59 canal and you will arrive at the S-191A site.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.1438°
Longitude: -80.6707°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve water quality of flows into Lake Okeechobee.
Overall: The overall project purpose is to improve water quality of flows into northeastern Lake Okeechobee.
PERMITTING HISTORY: The Corps issued a permit (SAJ-2008-02003 (SP-AAZ)) for the construction of the Lakeside Ranch Stormwater Treatment Area (LRSTA) Phase II project on July 30, 2015. The permit authorized the construction of the following project features:
• Construction of five stormwater treatment cells (total treatment area of approximately 788 acres) and associated structures
• Abandonment of the Phase I North STA interim outfall canal and the construction of the new connection canal between Phase I and Phase II
• A new US 441 crossing
• Construction of the S-191A Pump Station
The permit authorized impacts to a total of 429.91 acres of wetlands and other surface
waters (47.88 from Phase I and 382.03 from Phase II). The adverse impacts shall be
offset by wetland enhancement, preservation, and vegetative lift.
EXISTING CONDITIONS: The following components of LRSTA Phase II have been completed: construction of five stormwater treatment cells and associated structures, abandonment of the Phase I North STA interim outfall canal between Phase I and Phase II, and a new US 441 crossing. A Construction Commencement Notice was submitted November 15, 2018 for the S-191A Pump Station and construction is still ongoing.
PROPOSED WORK: The SFWMD is seeking a permit modification for a five year extension to complete the construction of the Phase II of the LRSTA project as authorized in permit SAJ-2008-02003(SP-AAZ) issued on July 30, 2015.
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:
Best management practices would be utilized to limit turbidity while construction activities are being conducted by utilizing turbidity screens and silt fences. The applicant will monitor turbidity upstream and downstream of the turbidity curtains to ensure water quality standards are met.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The LRSTA Project is located on a 2,700 acre area that will become a STA with a total of approximately 1,707 acres of treatment area. As a result of the project, approximately 430 acres of wetlands will be impacted. Impacts will be offset by onsite wetland enhancement, preservation and vegetative lift.
CULTURAL RESOURCES: The Corps has previously consulted with and received concurrences from the State Historic Preservation Office and the federally recognized tribes for Phase I and Phase II of the LRSTA.
ENDANGERED SPECIES: The Corps previously consulted on effects of the LRSTA project to several federally listed threatened or endangered species and two designated critical habitats. The species include the West Indian manatee (Trichechus manatus), wood stork (Mycteria americana), Audubon’s crested caracara (Polyborus plancus audubonii), the eastern indigo snake (Drymarchon corais couperi), the Florida panther (Puma concolor coryl), and the Everglade snail kite (Rostrhamus sociabilis plumbeus), the Okeechobee gourd (Cucurbita okeechobeensis okeechobeensis) and the Florida Grasshopper Sparrow (Ammodramus savannarum floridanus). The designated critical habitats include Everglade snail kite critical habitat and West Indian manatee critical habitat. The Corps will utilize the Biological Opinion received from the U.S. Fish and Wildlife Service (USFWS) for Phases I and II of the LRSTA project.
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 wetlands and surface waters, the proposed action would have no 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 been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection.
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 or via email at Virginia.E.King@usace.army.mil 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 Permits 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.