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: Florida Department of Transportation, District 4
Attn: Wilord Metellus
3400 West Commercial Blvd.
Fort Lauderdale, Florida 33309
WATERWAY AND LOCATION: The project would affect waters of the United States associated with C-13 Canal. The project site is located at Oakland Park Boulevard Bridge (No. 860139), over C-13 Canal (FPID 441474-1-52-01), Broward County, Florida.
Directions to the site are as follows: The project is located under the Oakland Park Boulevard bridge (No. 860139) where it crosses the C-13 Canal at the I-95 interchange in Broward County. Heading east on W Oakland Park Boulevard, the project site is 0.58-mile past NW 21st Avenue.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.165967°
Longitude -80.163158°
PROJECT PURPOSE: Basic: Scour countermeasure protection.
Overall: To install scour countermeasure protection at the Oakland Park Boulevard Bridge (No. 860139), over C-13 Canal in Broward County.
EXISTING CONDITIONS: Scour countermeasure protection is needed for the channel bottom underneath the bridge in order to maintain the integrity of the bridge, since the Scour Evaluation Report concluded that there is insufficient pile embedment, degradation of the channel, and damaged abutment protection. The wetland system consists of a brackish water system. The onsite vegetation consists of unvegetated sandy bottom. The existing area surrounding the project area consists of mangroves, pond apple, Brazilian pepper, and other tree species.
PROPOSED WORK: The applicant seeks authorization to dredge 1,695 cubic yards of existing substrate and fill the bottom of C-13 canal with 1,328 cubic yards of gabion mattress (total work area is 0.358 acre). The 18-inch gabion mattress for erosion control is made with wire baskets filled with small riprap stones. Five cubic yards of existing riprap will be replaced along the edges of the mattress around the bridge piles. The mattress will be placed on unvegetated, sandy bottom and is not expected to impact any wildlife (a benthic survey in 2018 confirmed absence of protected wildlife or habitat).
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:
From an engineering perspective, the erosion control mattress scour countermeasure method is recommended over other potential alternatives (e.g. rubble rip-rap covering a smaller footprint) for this particular location given the severity of the identified scour and site-specific conditions including velocity during storm events. It has been determined that the entire footprint of the bridge requires stabilization, regardless of the selected material. Since there are no seagrass communities, hardbottom communities, oyster beds, or other submerged resources within or immediately adjacent to the project area, and since the white mangroves are outside of the footprint of work, no adverse effects are anticipated to occur as part of this project.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
Since no submerged resources or mangrove habitat will be impacted, and since the affected area consists only of unvegetated sandy bottom, no mitigation is proposed.
CULTURAL RESOURCES:
FDOT has been delegated NEPA authority to consult on Section 106 of the National Historic Preservation Act. FDOT determined that this project would have “no potential to cause effect” to Historical or cultural resources since the permit area has been extensively modified by previous work. SHPO concurred with this determination in consultation letter dated 25 March 2015.
ENDANGERED SPECIES: FDOT has been delegated NEPA authority to consult under
Section 7 of the Endangered Species Act (ESA). FDOT has determined the proposed
project may affect but is not likely to adversely affect the West Indian manatee and the
small tooth sawfish. The manatee effect determination was reached utilizing The Corps
of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for
the Manatee in Florida, April, 2013. The National Marine Fisheries Service – Protected
Resources Division concurred with the small tooth sawfish determination by
consultation letter dated 21 April 2020. Provide discussion here as appropriate. If a lead federal agency has been identified confirm that the Corps was identified as a coordinating agency and address whether the lead agency’s documentation covers our action. Only if the lead agency’s scope does not cover our action then we would supplement their consultation or do our own The Corps should not duplicate or otherwise supplement the lead federal agency’s compliance activities. Include in the file copies of compliance letters from the lead federal agency and consulting agencies
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
0.358 acres of unvegetated sandy bottom and estuarine water utilized by various life
stages of penaeid shrimp. Our initial determination is that the proposed action would
not have a substantial adverse impact on EFH or Federally managed fisheries in the
Fishery Ecosystem Plan of 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 project manager, Mark Tamblyn, Panama City Permits Section 4400 PGA BLVD, Suite 500, Palm Beach Gardens, FL 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, Mark M. Tamblyn in writing at the Panama City Permits Section, 4400 PGA BLVD. Suite 500 Palm Beach Gardens, FL 33410; by electronic mail at mark.m.tamblyn@usace.army.mil; by telephone at (561)-472-3519.
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.