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
c/o Natasha Warraich
3301 Gun Club Road
West Palm Beach, Florida 33406
WATERWAY AND LOCATION: The project would affect waters of the United States, associated with the C-43 Canal, and adjacent wetlands. The project site is located at 295 Old County Road 78 South, in Section 26, Township 42 South, Range 30 East, Hendry County, LaBelle, Florida 33975 (Parcel ID: A26-42-30-A00-0120-0000).
Directions to the site are as follows: The Boma property is in Glades County (FL), immediately south of the Caloosahatchee River (C-43 Canal) and north of State Road 80. The project site is located east of the Ortona South Lock Campground.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.78925°
Longitude: -81.29012°
PROJECT PURPOSE:
Basic: Water quality treatment
Overall: To construct and operate a water treatment test cell facility to improve nitrogen reduction, in LaBelle, Florida.
EXISTING CONDITIONS: The planned Phase II test cell facility is located at the Boma Property, in Glades County, Florida. The site is located immediately upstream of the S-78 structure. The Boma site consists of 1,766 acres of land that has historically been used for citrus grove operations and surface water storage in Above Ground Impoundments (AGIs). About 415 acres of the site, in three distinct compartments, have been used as AGIs. The proposed test cell facility is located within the current footprint of the Basin 3 AGI. The Boma site is bounded to the south by State Road 80, to the north by the C-43 (with a spoil berm partially owned by the U.S. Army Corps of Engineers), and by Barron Water Control District canals on the west (C-2 Canal) and east (C-3 Canal).
The South Florida Water Management District is currently in the design phase for a Flow Equalization Basin (FEB) that will encompass most of the Boma site, except those lands reserved for construction of the proposed test cell facility. Accordingly, topographic, environmental, and geotechnical data collected for the FEB design have been used to inform the design of the test cell facility.
PROPOSED WORK: The applicant seeks authorization to construct: 1) six (6) 4-acre treatment wetland cells; 2) two (2) 1-acre photolysis cells; and 3) two (2) 1-acre soil aquifer treatment cells, involving the discharge of 291,000 cubic yards of fill within 61 acres of wetlands. The wetland cells will be constructed by excavating and grading onsite soils to create impoundments with a maximum water depth of 4-feet above finished grade and will have an inlet structure and outlet structure that will discharge to the next treatment process or to the final outfall canal. Turbidity curtains will be deployed around all work areas that are in/over waters of the U.S.
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 design of treatment cells requires construction of earthen berms around the property to maximize storage, necessitating unavoidable impacts to wetlands and waters. The fill impacts for the earthen berms were minimized as much as possible while meeting engineering requirements for stability, durability, and safety. In order to minimize adverse impacts to adjacent offsite wetlands, construction adjacent to any type of wetland or surface water will require the use of erosion control measures and the implementation of best management practices (BMP). Implementation of erosion control measures and turbidity curtains will protect water quality and adjacent habitats and will minimize impacts to the adjacent wetland systems. The applicant has proposed to utilize turbidity curtains, upland Best Management Practices, and follow the manatee conditions for in-water work.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:
The Uniform Mitigation Assessment Method (UMAM) was used to evaluate impacts to aquatic resources including wetlands as a result of construction of the project. As shown in the UMAM, the project impacts result in a loss of 22.39 Functional Capacity Units (FCUs). This loss will be offset by creating 61 acres of emergent vegetation and improving the quality of water discharged into the C-43 Canal, providing a gain of 28.61 FCUs.
The site is strategically located adjacent to the planned FEB which will also contribute to improving water quality entering downstream waters. The project has a high likelihood for ecological success and sustainability. The project will increase water levels within the 60-acre project site and maintain hydrology to sustain the wetlands. Creation and enhancement of the wetlands is expected to not only offset the wetland impacts but may potentially offer significant supplemental ecological lift for other purposes. The mitigation would offer ecological benefits at the site of the impacts and would offer a large acreage of habitat used by aquatic wildlife, including threatened or endangered species in the local area.
CULTURAL RESOURCES: The Corps is aware of historic properties within the permit area. By SHPO letter dated May 28, 2009, Southeastern Archaeological Research, Inc. conducted an archaeological and historical Phase 1 survey of the BOMA property. SEARCH identified one previously unrecorded archaeological site and one previously unrecorded historic canal. SEARCH determined that the proposed project will not affect cultural resources listed, or eligible for listing, in the NRHP and recommended no further investigation. 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 those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES: The Corps has reviewed the following endangered species and the affects the proposed project may have on the Eastern indigo snake (Drymarchon corais couperi), Florida panther (Puma concoryli), Florida bonneted bat (Eumops floridanus), Everglade snail kite (Rostrhamus sociabilis plumbeus), Audubon’s crested caracara (Caracara cheriway), Florida scrub-jay (Aphelocoma coerulescens), wood stork (Mycteria americana) and West Indian manatee (Manatus trichechus).
Eastern indigo snake: The Corps has made the determination of “may affect”, for the Eastern indigo snake (Drymarchon corais couperi). Based on the Eastern Indigo Snake Effect Determination Key (dated August 1, 2017), the Corps determination sequence resulted in A-B-C-May affect. This determination is based on the proposed project impacts to greater than 25 acres of Eastern indigo snake habitat. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Florida panther: The project is located within a panther secondary zone but will not result in an increase in vehicle traffic patterns, therefore the Corps has made the determination of A > B “no effect”. The Corps has programmatic concurrence with the FWS, and no further consultation is required.
Florida bonneted bat: The Corps has determined the project may affect the Florida bonneted bat. The project lies within the consultation area for the Florida bonneted bat and contains roosting habitat for the species. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Everglade snail kite: The Corps has determined the proposed project may affect, but is not likely to adversely affect, the Everglade snail kite (Rostrhamus sociabilis plumbeus). The proposed project is within the consultation area for the snail kite. No habitat types utilized by Everglade snail kites are found within or adjacent to the project area. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Audubon’s crested caracara: The Corps has determined the proposed project may affect, but is not likely to adversely affect, the caracara (Caracara cheriway). The proposed project is within the consultation area for the Caracara. No habitat types utilized by the caracara are found within or adjacent to the project area. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Florida scrub-jay: The Corps has determined the proposed project may affect, but is not likely to adversely affect, the Florida scrub-jay (Aphelocoma coerulescens). The proposed project is within the consultation area for the Florida scrub-jay. No habitat types utilized by Florida scrub-jays are found within or adjacent to the project area. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Wood Stork: The Corps has made the determination of may affect, but is not likely to adversely affect, for the wood stork and its designated critical habitat. The Corps has concurrence with this determination pursuant to The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, South Florida Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in South Florida, January 2010 (Wood Stork Key). Use of the Wood Stork Key resulted in the following sequential determination: A-B-C-E-NLAA. The project lies within the buffer of a colony site, and the habitat compensation replaces foraging value, consisting of wetland enhancement or restoration matching the hydroperiod of the wetlands affected, and provides foraging value similar to or higher than the affected wetlands. The Corps has U.S. Fish and Wildlife Service concurrence for the proposed activities through use of the aforementioned determination key.
West Indian manatee: The Corps has made the determination of may affect, not likely to adversely affect, for the West Indian manatee and its designated critical habitat. The Corps has concurrence with this determination pursuant to The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Manatee Key). Use of the Manatee Key resulted in the following sequential determination: A>B>C>G>N>O>P5 MANLAA, with no further consultation necessary. This determination is based on the applicant following the Standard Manatee Conditions for In-Water Work, 2011 for the proposed activity.
ESSENTIAL FISH HABITAT (EFH): There is no essential fish habitat proposed to be impacted by this activity.
Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Caloosahatchee River. 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.
NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed outfall structure is 62.5 feet away from the near bottom edge of the Caloosahatchee River (C-43).
SECTION 408: The applicant will require 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.
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/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 Fort Myers Permits Section, 1520 Royal Palm Square Blvd., Suite 310, Fort Myers, FL 33919 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, Stephen J. Fleming, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd. Suite 310, Fort Myers, FL 33919; by electronic mail at Stephen.J.Fleming@usace.army.mil; by facsimile transmission at (239) 334-0797; or, by telephone at (239) 334-1975.
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, aesthetics, 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.