SAJ-2006-05479 (PGP-BJC)

TO WHOM IT MAY CONCERN: 

The Jacksonville District of the U.S. Army Corps of Engineers (Corps) proposes to re-authorize this Programmatic General Permit (PGP) 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) which gives general authority to the Miccosukee Tribe of Indians of Florida (MTIF) for the following activities in waters of the United States, not to exceed a total of 75 acres of jurisdictional wetlands:

Activity	Fill (acres) Allowed in Waters of the U.S.	Activity Description
1. SINGLE FAMILY HOME SITES	1.0	Discharges of dredged or fill material in non-tidal waters of the U.S. including non-tidal wetlands, for the construction or expansion of traditional home sites that would include houses, access roads, driveways, chickees for various practices (sewing, cooking, religious practices, and other similar practices), bathhouses, and septic systems with drain fields which meet applicable set-backs.
2.UTILITY LINES	1.0	Discharges of dredged or fill material for the construction, maintenance or repair of utility lines, including intake/outfall structures, and the associated excavation, backfilling or bedding, utility line substations, foundations for overhead utility line towers, cell towers, poles, and anchors, and access roads for the construction and maintenance of utility lines, including overhead power lines and utility line substations.
3.RECREATIONAL FACILITIES	1.5	Discharges of dredged or fill material in non-tidal waters of the U.S. including non-tidal wetlands for both passive and non-passive recreation use to include, but not limited to, campgrounds, recreational trails, swimming pools, playing fields (e.g., baseball, soccer, football, etc.), basketball, tennis courts, and access roads. Also authorized are small support facilities, such as maintenance and storage buildings, restrooms and associated parking areas that are directly related to the recreational activity.
4.BOATING	0.25	Boat launching facility (ramps), parking for vehicles/trailers, associated structures-bulkheads, rub-rails, tie-up piers, and walkways.
5.AGRICULTURAL USE	1.0	Discharges of dredged or fill material for clearing, building pads, new ditches and/or dikes, side casting from ditch construction, associated with agricultural uses.  Ditches will be constructed to control both surface and ground water.
6.COMMERCIAL USE	1.5	Discharges of dredged or fill material for small business development to include buildings, parking areas, septic systems with drain fields and access roads. When commercial development is associated with an existing single-family home site, both the existing (i.e., homesite) and proposed commercial fill impacts will not exceed 1.5 acres.
7.INSTITUTIONAL/ GOVERNMENT FACILITIES	2.0	Discharges of dredged or fill material to include new, or additions to existing, facilities such as schools, government buildings, research and medical facilities, associated parking areas, public works infrastructure, access roads, and other similar facilities.
8. WATER CONTROL ACTIVITIES	1.0	Discharges of dredged or fill material for the construction of stormwater management facilities including excavation of stormwater ponds, the installation and maintenance of water control structures, outfall structures, and emergency spillways, including secondary impacts associated with the excavation of stormwater ponds. Also for the construction and maintenance of ditches, which includes re-shaping of existing ditches and modification of the cross-sectional configuration of currently serviceable ditches.
9.DITCH MAINTENANCE	No Limit	Discharges of dredged or fill material for the maintenance of existing functional ditches.  Dredge is limited to pre-existing and/or historic design. Work would be restricted to ditches located on existing farm fields, agriculture lands, and other tribal lands.
10. ROADS	1.5	Discharges of dredged or fill material for the construction, expansion, modification, or improvement of linear transportation crossings (roadways) other than those included in Activities. Includes the widening of existing road shoulders or construction of new shoulders along existing roadways, and construction of new access drives to existing facilities.

BACKGROUND: On August 17, 2018, the Corps reissued the above referenced PGP to the MTIF for a 5-year duration. Since re-issuance, the SAJ-80 has been utilized for 49 different projects and the current version expires August 17, 2023.

Waterway and location:  The proposed activities would occur within seven (7) of the Tribe’s reservations, including the Miccosukee Reserved Area (MRA)/Tamiami Reservation, Alligator Alley Reservation, Krome Reservation (which includes the SEMA, Coral Way and Lambick properties), and Miccosukee West (formerly known as Sherrod Ranch), as shown in the attached exhibits, and as located by the following centroid geographic coordinates:

 

Project Area	Latitude	Longitude
Miccosukee Reserved Area (MRA)/Tamiami Reservation	25° 45’ 32.52” N	80° 48’ 44.95” W
Alligator Alley Reservation	26° 04’ 36.71” N	80° 49’ 38.54” W
Krome Reservation (including SEMA, Coral Way and Lambick properties)	25° 45’ 29.76” N	80° 28’ 49.37” W
Miccosukee West (formerly Sherrod Ranch)	28° 18’ 50.86” N	81° 05’ 11.56” W

 

PROJECT PURPOSE:

To address an increase in population, which has been estimated to be approximately 9.45% annually, the Tribe will require additional housing, educational facilities, and infrastructure, to include updates to existing buildings to meet current codes.  Since, most of the Tribe’s growth is anticipated on Tribal lands, the proposed activities would occur within the seven areas identified above.

EXISTING CONDITIONS:  Tribal lands along Tamiami Trail include the Tamiami Trail Reservation (MRA), which was formalized as tribal sovereign lands in 1998 by the Miccosukee Reserved Area Act. This Act recognized that the Tribe had occupied this narrow strip of land at the northern edge of the Everglades National Park since 1964 and among other things laid out that the MRA would be treated as a Federally recognized Indian Reservation (P.L. 105-313 §5(c)(2)).  Though the area considered Tribal lands, which has been subject to development by the Tribe, is slightly larger than the MRA.  The MRA itself encompasses approximately 695 acres of land on the south side of Tamiami Trail (U.S. 41), approximately 17 miles west of Krome Avenue and directly west of the National Park Service’s Shark Valley, within Miami-Dade County, Florida.  The southern and eastern boundaries of the MRA are bounded by the Everglades National Park, while the Big Cypress National Preserve occurs to the west of the Reservation, and the Everglades Wildlife Management Area located to the north and northeast.  The eastern half of the MRA is bisected by Old Tamiami Trail (BIA Rt. 1411), which terminates on the western side at the S12- A water control structure.  To the west of this structure runs Loop Road, which bisects the western half of the MRA.  The majority of buildings are located along the south side of the tribal roads, including small restaurants and tourist-centered retail uses.  The dominant developed land uses of the MRA are residential and governmental in nature.  The eastern portion of the MRA (east of water control structure S12-A) contains the bulk of governmental operations.  The western portion of the Reservation (west of water control structure S12-A) is almost entirely residential development.  Just under 200 acres are considered developed within this Reservation. The remaining undeveloped lands consist of freshwater marsh and forested wetlands.

The Alligator Alley Reservation is the largest of the Miccosukee Reservations with over 80,000 acres of natural and commercial land. This reservation is the location of a Miccosukee-owned service station, a police substation, and some additional Tribal housing.  The residential area is located approximately two miles north on Snake Road and currently has 10 single-family housing units and a maintenance office.  Much of the rangeland on the reservation is leased to farmers for the purpose of cattle grazing.  To the east and south of Snake Road lie extensive tracts of undeveloped wetlands.

The Krome Avenue lands include four small parcels.  The 25-acre parcel located on the northwest corner of the intersection of US 41 and Krome Avenue is the Krome Avenue Reservation, home to the Miccosukee Gaming Facility and Miccosukee Resort.  Directly east lies the Lambick property.  South of the Lambick property and US 41 lies the Sema property, and the southernmost property, Coral Way.  The Lambick, Sema and Coral Way parcels total approximately 600 acres.  These three properties are currently unoccupied and may be developed in the future.

Miccosukee West (formerly Sherrod Ranch) encompasses 2,434 acres within southern Hendry County.  The property is immediately north of the Seminole Tribe of Florida’s Big Cypress Reservation “native area,” which is the location of the Seminole Advanced Mitigation Program.  Miccosukee West was private ranch land the Tribe purchased in 1998 to be used as a source of mitigation.  Portions of Miccosukee West have been physically and hydrologically altered by canals and prior agricultural practices, which were in place prior to the Tribe’s purchase of the property.  However, Miccosukee West still contains the Tribe’s most diverse range of habitats, from cypress strands/domes to wet prairie to upland hardwood forest.  Much of the property was infested with exotic vegetation such as melaleuca (Melaleuca quinquenervia) and Brazilian pepper (Schinus terebinthifolius).  The Tribe began treating the exotic infestations on the east side of Miccosukee West (east of the west feeder canal that runs through the property) shortly after it was purchased in 1998.  Additional treatments on the west side have occurred through a combination of in-house mitigation for Miccosukee projects, contracted clearing and exotic removal, and general site maintenance.  Melaleuca and Brazilian pepper and Old World climbing fern (Lygodium microphyllum) still occur on the site, however in the summer of 2022 the large scale mitigation treatment as outlined in the Sherrod Ranch Mitigation Plan (Revised April 2018) began with the target of reaching <5% exotics achieved in all treatment areas (considered time-zero for monitoring) by the end of 2023 or sooner. 

This PGP would be subject to the following special conditions:

1. Fill Material: The Tribe shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance, in toxic amounts in accordance with Section 307 of the Clean Water Act.

2. Specific Use: Regulated activities subject to verification under this PGP are limited to the list of activities described in the above table, and at the discretion of the District Engineer.  Furthermore, each activity authorized shall be a single and complete project.

3. Fill Limits: This permit does not authorize any proposed work that would require a discharge of fill material in waters of the United States that exceeds the thresholds defined for each activity. This permit does not authorize any loss of waters of the U.S., including wetlands, that exceeds the 75 acres authorized. Projects, which would result in total impacts that exceed the thresholds established by this PGP are not authorized and shall be evaluated for review under an appropriate permit category at the discretion of the District Engineer.

4. Erosion Control: Prior to the initiation of any work authorized by this PGP, the permittee shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material. Immediately after completion of the final grading of the land surface, all slopes, land surfaces, and filled areas adjacent to wetlands shall be stabilized using sod, degradable mats, or a combination of similar stabilizing materials to prevent erosion. For dredging activities, all dredged or excavated materials will be deposited and retained in an area that is not a water of the United States unless specifically approved by the Corps under a separate authorization and proper siltation controls must be used. The erosion and siltation control measures shall remain in place and be maintained until all authorized work has been completed and the site has been stabilized.

5. Access Roads: Access roads must be constructed so that the length of the road minimizes the adverse effects on waters of the U.S. and as near as possible to preconstruction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above preconstruction contours and elevations in waters of the United States must be properly bridged or culverted to maintain surface flows. Access roads used solely for construction of the overhead power line must be removed upon completion of the work and the area restored to preconstruction contours, elevations, and wetland conditions.

6. Pre-Construction Notification (PCN) Requirements: Before any activities may be conducted pursuant to this authorization, each applicant must submit a completed PGP SAJ-80 PCN Form to the Tribe. Each PCN shall include the following information:

Data Forms and supporting information which clearly documents Federally jurisdictional wetlands consistent with the 1987 Corps of Engineers Wetland Delineation Manual, as modified by the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0, November 2010, or most recent version), as well as other jurisdictional waters of the U.S. For wetlands, a minimum of two sets of wetland data forms shall be submitted for each wetland.

Exhibits, maps, and other supporting documentation of the proposed work and wetland impact areas (including Uniform Mitigation Assessment Method analysis); analysis of impacts to Federally listed wildlife species; analysis of direct and secondary wetland impacts; and an updated version of the Miccosukee West Mitigation Plan Ledger. The Tribe will forward a copy of all PCN's to the Corps. Furthermore, the Tribe shall report on compliance with the conditions of this PGP (see Condition #21, below), on at least an annual basis. All PCNs shall be complete, and signed by the applicant.

7. Compensatory Mitigation: The Tribe shall enhance wetlands and/or other waters of the U.S. on Miccosukee West (formerly Sherrod Ranch), including the eradication of exotic/invasive species such as melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), and old-world climbing fern (Lygodium microphyllum), and continuing maintenance, in accordance with the approved Sherrod Ranch Mitigation Plan, April 2018. Work shall begin on the Miccosukee West mitigation area in advance of work on each project site. The mitigation plan must include a temporal lag factor to ensure that the wetlands provided as compensation adequately replace wetland functions lost due to the project. Mitigation credit and debits associated with this PGP shall be assessed using the Uniform Mitigation Assessment Method (UMAM). All mitigation areas will be maintained in their enhanced, and/or restored state in perpetuity including exotic/invasive species eradication and/or control.

8. Threatened and Endangered Species: This permit does not apply to any activity that "may affect" a listed species identified under the Endangered Species Act, or destroy or adversely modify the critical habitat of such species.

9. Florida Bonneted Bat (FBB): The Permittee will implement the following conservation measures to reduce or avoid impacts to FBB:

Pre-authorization wildlife surveys will include acoustic and/or roost surveys for all project sites containing potentially suitable roosting trees. Roost surveys will include a visual inspection of each potentially suitable tree or other potential roost structure (e.g. existing structure, bridge, etc.) within the survey footprint to identify potential roosting opportunities (e.g., hollows, woodpecker cavities, crevices, etc.). Any cavities will be inspected for signs of use by bats such as staining, guano, and auditory chirping. Where necessary cavities will be further inspected using an IBWO wireless camera mounted on a 35-foot tall survey rod with a proprietary remote-controlled mount allowing the operator to see the back, bottom, and top of each cavity. Each potential roosting structure/cavity tree will be given an identification number, will be OPS-located, identified to species, and cavity height and orientation will be documented. This information will be included in the pre-authorization survey form.

Construction activities will be minimized or avoided during the time of day when FBB are active (i.e., dusk and dawn). In areas where potential roosts are present, the use of artificial lighting will be minimized.

Each project will be evaluated using the latest FBB Effects Determination Key developed by the U.S. Fish and Wildlife Service as guidance when making effect determinations.

10. Florida panther: The permittee shall implement their Standard Wildlife Education Measures and utilize the latest U.S. Fish and Wildlife Service’s panther determination key and consultation area) on each project. The permittee shall compensate for loss of panther habitat through habitat restoration on Miccosukee West, which is located within the panther Primary Zone.

11. Eastern Indigo Snake Protection Measures: The Tribe shall comply with U.S. Fish and Wildlife Service's Standard Protection Measures for the Eastern Indigo Snake" dated August 12, 2013.

12. Audubon’s Crested Caracara: To minimize potential impacts to the caracara, the permittee has agreed to implement caracara protection measures. The following protection measures include a response plan in the event that Caracaras are found in the area covered by this PGP:

The Tribe has developed Standard Wildlife Education Measures which include a mandatory wildlife workshop for all construction personnel involved in earthwork within tribal lands. Construction personnel are required to be able to identify all federally listed wildlife that may occur within a project area. If any listed wildlife is observed, construction must cease until the animal has left the site on its own accord. Additionally, construction personnel must report all sightings.

If active caracara nests are located onsite, the Service will be notified, a 985-ft (300 meter) buffer zone will be established around the nest, and all construction activities within the buffer will be halted during the nesting season. All efforts will be made to perform construction activities outside of the buffer area throughout nesting season. However, if construction must take place within the buffer zone during nesting season, construction will only continue after the Applicants have met with the Service to identify and implement appropriate conservation practices. Development within the caracara's nest territory (4,920 feet) will not exceed the "Accumulative Loss Threshold."

13. Everglades Snail Kite: To minimize potential impacts to the Everglades snail kite, the permittee must comply with the following conditions:

The Applicants will conduct a pre-construction snail kite nest survey of the PGP-covered sites and surrounding marsh within 1,640 feet of the site.

No work will occur within 1,640 feet of any snail kite nests, if found. The active nest will be monitored, and work will not resume within 1,640 feet (500 meters) of the nest until: 1) the nestlings have been observed to fledge; or 2) the nest has failed and the adults are observed to leave the area.

14. American Wood Stork: The permittee shall implement the Tribe’s Standard Wildlife Education Measures and utilize the U.S. Fish and Wildlife Service’s latest Wood Stork Programmatic Effects Determination Key on each project. Compensation for loss of wood stork habitat shall be based on the Service's most recent Wood Stork Habitat Assessment Methodology Wood stork biomass impacts for each project will be noted in the PGP ledger and will be deducted from the overall Mitigation Ledger.

15. Miccosukee Reserve Area Act: The Tribe shall ensure all actions authorized under this permit are consistent with the Miccosukee Reserve Area Act.

16. Cultural Resources/Historic Properties: No structure or work shall adversely affect, impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP.

 

If, during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey or for which a plan for their treatment has not already been agreed upon (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work in the vicinity and notify the Corps, Florida State Historic Preservation Officer (SHPO), and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions.

A cultural resources assessment may be required of the permit area, if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO and the Corps.

In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05; Florida Statutes. All work in the vicinity shall immediately cease and the permittee shall immediately notify the medical examiner, Corps, and State Archeologist. The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist, SHPO and the Corps.

In the unlikely event that human remains are encountered on Federal or tribal lands, or in situations where Archaeological Resources Protection Act of 1979, or Native American Graves Protection Repatriation Act of 1990 applies, all work in the vicinity shall immediately cease and the Permittee immediately notify the Corps. The Corps shall then notify the appropriate THPO(s) and SHPO. Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. After such notification, project activities on Federal lands shall not resume without written authorization from the Corps, and/or appropriate THPO(s), SHPO, and Federal manager. After such notification, project activities on tribal lands shall not resume without written authorization from the THPO(s) and the Corps.

17. Utility Lines: Aerial transmission lines shall meet the Corps clearance criteria as described in 33 CFR, Part 322.5(i)(1), (2), (3), and (4). This clearance does not apply in the case of a lift bridge. Minimum clearance for lift bridges will be determined on a case-by-case basis.

The minimum clearance* (see NOTE in b.) for aerial communication lines, or any lines not transmitting electrical power, will be ten (10) feet above the clearance required for nearby stationary bridges as established by the U.S. Coast Guard. In the event the U.S. Coast Guard has not established a bridge clearance, minimum vertical clearances for power and aerial lines will not be less than required by Section 23, Rule 232, of the latest revision of the National Electrical Safety Code (ANSI C2). Clearances will not be less than shown in Table 232-1, Item 7, ANSI C2.

The minimum clearance* for an aerial line, transmitting electrical power, is based on the low point of the line under conditions that produce the greatest sag, taking into consideration temperature, load, wind, length or span and the type of supports. The minimum clearance for an aerial electrical power transmission line crossing navigable waters of the US shall be governed by the system voltage, as indicated below:

Nominal System Voltage (Kilovolts)	Minimum Clearance (Feet Above Bridge Clearance as Required by U.S. Coast Guard)
115 and below	20
138	22
161	24
230	26
350	30
500	35
700	42
750-765	45

 

 

 

 

*NOTE: Minimum clearance is the distance measured between the lowest point

of a stationary bridge, including any infrastructure attached to underside of the bridge, and the Mean High Water (MHW) of the navigable waters of the US beneath the bridge.

 

On navigable waters of the US, including all federal navigation projects, where there is no bridge for reference for minimum clearance, the proposed project will need to be reviewed by the Corps in order to determine the minimum clearance between the line and MHW necessary to protect navigational interests.

 

18. Notification: Where the proposed aerial transmission line is to be installed in navigable waters of the United States, at least two weeks prior to the start of the authorized work, the Permittee must notify the National Oceanic Atmospheric

Administration (NOAA) and the Corps’ office in writing that the work is commencing,

and again upon completion of the work. The Permittee shall notify the District Engineer at saj-rd-enforcement@usace.army.mil , or the above letterhead address, attention Regulatory Division, and NOAA, at Nautical Data Branch N/CS26, Station 7317, 1315 East-West Highway, Silver Spring, MD 20910-3282, or by e-mail to ocs.ndb@noaa.gov. This notification will include “As-Built plans,” signed and sealed by a registered surveyor/engineer licensed in the State of Florida, that certify the project is constructed as authorized, and must include an accurate (within plus or minus 1 foot) depiction of the location and configuration of the completed activity in relation to the mean high water of the navigable water.

19. Modification of a Federal Project: Any proposed regulatory action that modifies, alters, or is built upon or adjacent to an existing federal project, does not meet the required Setback Guidance or is constructed within a federal project right-of-way may require permission under Section 14 of the RHA 33 USC 408 (Section 408) and may require coordination with the Engineering Division. Any structure within 62.5 feet of a federal navigation structure (with the exception of single-family docking structures) shall require coordination under Section 408. Any degradation, relocation, penetration, or work under a Corps levee, dike, dam, or water retaining structure and any proposed work within 15 feet of a federal canal top of bank (such as the Okeechobee Waterway or the Central and South Florida Flood Control Canals), within two feet of the top edge of slope of a federal navigation channel or within 50 feet of a Corps dam requires coordination under Section 408.

20. Self-Certification: Within 60 days of completion of the authorized work, and any mitigation required, a Self-Certification Statement of Compliance must be completed and submitted to the Tribe. The form must reference the site-specific Department of the Army permit number associated with the work.

21. Compliance and Mitigation Ledger Update Reporting: The Tribe shall update and maintain an accurate ledger (attached) of permit impacts and mitigation activities, as well as a summary of compliance inspections on at least 10% of all verifications issued under this PGP. Reports shall be submitted within 90 days following the end of each year, with each year ending exactly one year from the date or anniversary of this

PGPs issuance. The compliance inspection report shall be updated and maintained to include, at a minimum, the following information:

Date Permit Verified

Permittee Name

Type Activity (residential, institutional, etc.)

Centroid Location Coordinates

Area of Waters Impacted (acres)

UMAM Credits Required to Offset Project Impacts

Date of Permit Compliance Inspection

Date UMAM Credits Obtained to Offset Impacts

Project is in Compliance with All conditions of the PGP (Yes/No)

List Permit Conditions Not Complied With (i.e., #1, 2, etc.)

Describe actions Taken to Bring Project Into Compliance (i.e., Enforcement action, permit modification, etc.)

Date Project Determined to be in Compliance

Comments/Remarks

22. Reporting Address: All reports, including annual reporting, documentation and correspondence required by the conditions of this permit shall be submitted to the following mailbox: saj-rd-enforcement@usace.army.mil or address as follows: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section (CESAJ-RD), P.O. Box 4970, Jacksonville, Florida 32232-0019. The Tribe shall reference permit number SAJ-2006-05479(PGP-DEB) on all submittals.

AVOIDANCE AND MINIMIZATION:  The SAJ-80 would authorize activities that are minor and commonplace. The proposed terms and conditions of the SAJ-80 require activities proposed for authorization to be minimal in nature and avoid aquatic resources to the maximum practicable extent. Additionally, the MTIF proposes to undertake the following measures to avoid and minimize impacts to waters of the U.S:  Standard erosion control measures to mitigate water resource impacts will be used as necessary, and in accordance with the MTIF’s Section 401 Water Quality Certification and associated documents. These documents may include but are not limited to, erosion and drainage control plans, surface water management calculations, stabilization practices, silt screening, waste disposal, hazardous material handling procedures, and a Storm Water Pollution Prevention Plan.

PROPOSED MITIGATION:   The Tribe proposes the following measures to compensate for unavoidable impacts to aquatic resources:  The Tribe proposes to enhance, restore, and potentially establish wetlands located on 2,434 acres of wetlands within Miccosukee West property (formerly Sherrod Ranch) in Hendry County.  Miccosukee West was purchased in 1998 as a source of mitigation for Tribal projects and is under federal trust status according to the Bureau of Indian Affairs.  The Ranch is located immediately north of the Seminole Tribe of Florida’s Big Cypress Reservation “native area,” which is the location of the Seminole Advanced Mitigation Program.  Miccosukee West contains the Tribes most diverse range of habitats, ranging from cypress strands/domes to wet prairie to upland hardwood forest.  Portions of Miccosukee West have been physically and hydrologically altered by canals and past agricultural practices, which were in place prior to the Tribe’s purchase of the property.  The dominant invasive species on site include melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), and Old World climbing fern (Lygodium microphyllum).  Miccosukee West contains approximately 125 acres of fallow pasture area that is dominated primarily by invasive para grass (Brachiaria mutica) and primrose willow (Ludwigia sp).

The Tribe has utilized this property in the past to mitigate for projects authorized by the Corps.  In the past, mitigation efforts on Miccosukee West were primarily based on removal of Melaleuca.  Credit for these enhancement activities were based on area (acres).  The Tribe developed a comprehensive mitigation plan for all of Miccosukee West, which complies with the compensatory mitigation rule (C.F.R. 33 § 332).  Initial enhancement and restoration components include exotic treatment and additional mitigation efforts may include wetland establishment within the improved pasture, described above.  Impacts and compensatory mitigation will be calculated for each project authorized under the PGP using the Uniform Mitigation Assessment Methodology (373.414[18], F.S.).  Credits and debits will be documented in the Miccosukee West mitigation ledger with approval of each project. The Tribe began treating the exotic infestations on the east side of Miccosukee West (east of the west feeder canal that runs through the property) shortly after it was purchased in 1998.  Additional treatments on the west side have occurred through a combination of in-house mitigation for Miccosukee projects, contracted clearing and exotic removal, and general site maintenance.  Melaleuca and Brazilian pepper and Old World climbing fern (Lygodium microphyllum) still occur on the site, however in the summer of 2022 the large scale mitigation treatment as outlined in the Sherrod Ranch Mitigation Plan (Revised April 2018) began with the target of reaching <5% exotics achieved in all treatment areas (considered time-zero for monitoring) by the end of 2023 or sooner.

CULTURAL RESOURCES: 

The Corps is aware of the potential for historic property/properties within or in close proximity of the proposed permit area.  In accordance with the proposed permit condition #6, above, the Corps will initiate consultation with the State Historic Preservation Office, the Tribe, and the Advisory Council on Historic Preservation, as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.

 

ENDANGERED SPECIES: 

The proposed PGP will be coordinated with the Federal resource Agencies to address the effects of the proposed activities on listed species and designated critical habitat in accordance with Section 7 of the Endangered Species Act (ESA).  This proposed permit will be coordinated via separate letter with the U.S. Fish and Wildlife Service, as required under the ESA.  In accordance with the proposed special conditions, to be made part of this PGP, no activity will be authorized that may affect a listed species identified under the ESA, or destroy or adversely modify the critical habitat of such species. 

A list of species which may be affected by the proposed activities is provided, below:

 

Common name	Latin name	ESA Listing	Critical Habitat Designation
Florida panther	Puma concolor coryi	E	No
Wood stork	Mycteria americana	T	No
Everglade snail kite	Rostrhamus sociabilis plumbeus	E	Yes 42 FR 47840 47845 September 22, 1977
Northern caracara	Caracara cheriway	T	No
Florida bonneted bat	Eumops floridanus	E	No
Cape Sable seaside sparrow	Ammodramus maritimus mirabilis	E	Yes 72 FR 62736 62766 November 6, 2007
Eastern indigo snake	Drymarchon corais couperi	T	No

Any work authorized by this PGP will comply with the “Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013.”  Additionally, the Tribe will develop wildlife educational brochures for each of the above species.  Brochure information will include identification of species and their signs, any associated permit special conditions, and standard measures for sightings of any of these species.  These brochures will be attached to the Tribe’s internal dredge and fill permits, to be approved by Tribal Business Council and issued by the Real Estate Department, for all projects authorized under the PGP.  Impacts to the Florida panther, including prey species, and wood stork would be addressed through the Tribes Mitigation Plan at Miccosukee West.

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.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries.  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.

SECTION 408: The applicant may require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, might 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 not been verified by Corps personnel.

AUTHORIZATION FROM OTHER AGENCIES:  Water Quality Certification may be required from the MTIF.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926 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, Brandon J. Conroy, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926; by electronic mail at brandon.j.conroy@usace.army.mil; or, by telephone at (321) 504-3771 x 0011. 

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.

WATER QUALITY CERTIFICATION: The Corps will receive 401 Water Quality Certification from the MTIF prior to re-authorizing this PGP.

COASTAL ZONE MANAGEMENT CONSISTENCY: The activities covered under the PGP would occur on federal Indian Reservation lands. As such, coastal zone consistency concurrence from the Florida Department of Environmental Protection is not required.

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.