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), Section 14 of the Rivers and Harbors Act (33 USC 408), 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 (SFWMD)
3301 Gun Club Road
West Palm Beach, FL 33406
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the C-11 Canal adjacent to Griffin Road, within Section 28, Township 50 South, Range 39 East, Broward County, Florida.
Directions to the site are as follows: Take I-95 to exit 26 towards Port Everglades and continue for 1.9 miles. Follow signs for Florida’s turnpike/Interstate 595 W and merge onto I-595 West and continue for 10.7 miles. Merge onto I-75 North and continue for 5.6 miles. Take exit 23 to merge onto US-27 South and continue for 6.0 miles. Turn right onto Griffin Road. Continue for 0.6 miles and the project site will be located on the north side of the road.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.061491°
Longitude: -80.442614°
PROJECT PURPOSE:
Basic: The basic project purpose is rehabilitation and expansion of a water control facility.
Overall: The overall project purpose is to rehabilitation and expansion of the existing S-9/S-9A water control facility on the C-11 Canal, in Broward County, Florida.
EXISTING CONDITIONS: The 3.81 acre project site is comprised of waters of the US associated with the C-11 Canal and the adjacent uplands. The upland consists of various access road and parking area. There is also an existing spill way and pump station on the east edge of the project area known as S-9 structure and it is currently in operation.
PROPOSED WORK: The applicant proposes construction of a new trash removal structure and repairs to the existing S9/S9A structures. The proposed work will require: 1) construction of 124-foot by 25-foot pile support bridge structure to support the removal rake system and 115-linear feet sheet pile wall beneath the bridge; 2) construction of 2 bridge abutments on each side of the canal consisting of approximately 171 linear feet of sheet pile and 742 cubic yards of backfill on the north side and 178 linear feet of sheet pile and 565 cubic yards of backfill; 3) dredging of 1520 cubic yards of material from a 19,070 square foot area of the C-11; 4) installation of 10320-square feet (191 cubic yards) of marine mattressing and 10320-square feet of rip-rap (573 cubic yards); 5) repair of 90 linear feet of sheet pile and bar screen system in-water; and 6) construction of an approximately 157 square foot pile supporting access walkway and terminal platform.
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:
“Effective means of sedimentation and erosion control devices shall be employed during all activities that may create turbidity within the work zone and shall remain in place until the area is stabilized. Turbidity monitoring will be conducted during activities that could result in project generated turbidity levels beyond the work area that have the potential to be discharged to the receiving water body. All construction activities will be scheduled, coordinated and completed to avoid any impacts to State & Federally Threatened and Endangered Species. All construction staff will have Threatened and Endangered Species Training, Qualified Eastern Indigo Snake Training and Ground Nester Training through the SFWMD.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The proposed work does not result in impacts to special aquatic sites such as wetland and will not result in a net loss of waters of the US. Therefore, no compensatory mitigation is proposed.
CULTURAL RESOURCES:
The Corps is aware of 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 project is within the range and consultation area of the 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), West Indian manatee (Trichechus manatus), and wood stork (Mycteria americana).
• Audubon’s crested caracara: This project is located within the consultation area for the threatened Audubon’s crested caracara. Nesting or foraging habitat for the caracara consists of dry or wet prairies with low groundcover dotted with numerous shallow ponds and sloughs and single or small clumps of live oaks, cabbage palms, and cypress. The project area consists only of an upland paved or cleared areas and an un-vegetated and maintained canal. No suitable habitat for this species is present in the project area. Based on this information, the Corps has determined the project will have no effect to the crested caracara.
• Eastern indigo snake: The project site consists of 3.46 acres of upland paved or cleared areas and a maintained canal. The upland areas may contain holes or cavities that could provide habitat for the eastern indigo snake. By use of the Eastern Indigo Snake Key dated 1 August 2017, the project results in a path of A-B-C-D, may affect but is not likely to adversely affect the eastern indigo snake provided the permit is conditioned such that all gopher tortoise burrows, active or inactive, be evacuated prior to site manipulation. With an outcome of “not likely to adversely affect (NLAA)” as outlined in the key, the requirements of Section 7 of the Endangered Species Act are fulfilled for the eastern indigo snake and no further action is required.
• Everglades snail kite: The project is within the consultation area for the Everglades Snail Kite. 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. The project area consists only of an upland paved or cleared areas and an un-vegetated and maintained canal. Based on the above information, the Corps has determined that the proposed work will have no effect on the Everglades Snail Kite.
• Florida’s Bonneted Bat: 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-13B-No effect. This determination is based the lack of roosting or foraging habitat in the project area. Therefore, the Corps has determined that the project will have no effect on the species.
• West Indian Manatee: Use of The Corps of Engineers, Jacksonville District and the State of Florida Effect Determination Key for the Manatee in Florida dated April 2013 and the 2019 addendum results in a path of A-no effect. The waters adjacent to the project site are not accessible to the threatened West Indian manatee according to the Central and Southern Florida Project Manatee Accessibility Map (USFWS/FWCC September 2006). The Corps has determined the in-water construction work will have no effect on this species.
• Wood stork: The action area is located within 18.6 miles of the nearest wood stork nesting colonies according the google earth RAR layers. Use of The Corps of Engineers, Jacksonville District and the U.S. Fish and Wildlife’s Wood Stork Key dated 18 May 2010, resulted in a path of A-B, not likely to adversely affect, since the project would impact less than 0.46 acres of suitable foraging habitat. There are not wetlands on side and the 0.46 acres of habitat will be useable by this species after completion of the proposed work. Therefore, per the key, the Corps determined that the proposed project activities are not likely to adversely affect the wood stork.
The project will have no effect on other listed species or their designated critical habitat.
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 proposal would impact approximately 0.45 acres of substrate and water column EFH utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. 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.
EFFECTS ON CORPS’ CIVIL WORKS PROJECTS (33 USC 408): This project requires permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project. The Corps, Regulatory Division or the applicant will coordinate the project with the Corps', Engineering Division for review and/or approval prior to a permit decision.
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.