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 (DA) 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
3301 Gun Club Road
West Palm Beach, FL 33406
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Miami Canal and nearby wetlands in Palm Beach County, Florida (Sections 2, 11, 14, 15, 22, 27, & 34 of Township 44S, Range 35E; and Sections 4 & 9 of Township 45S, Range 35E).
Directions to the site are as follows: From I-95 exit on SR-80 (Southern Blvd) and travel 45 miles west to Belle Glade. On Belle Glade turn north onto SR-27 and travel approximately 7 miles to Lake Harbor. The Clewiston Lock-Miami Canal is the northern limits of the project. Continue alongside the Miami Canal southbound for approximately 6 miles. The project area is within the Miami Canal stretching the approximately 6 miles.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.580224°
Longitude: -80.845841°
PROJECT PURPOSE:
Basic: The basic project purpose is to increase water flows from Lake Okeechobee.
Overall: The overall project purpose is to increase water flows from Lake Okeechobee to the Everglades Agricultural Area (EAA) A-2 Reservoir and A-2 Stormwater Treatment Area (STA).
EXISTING CONDITIONS: The Miami Canal is a Central and South Florida canal that runs from Lake Okeechobee to the Miami River. The lands surrounding the project site are in active agricultural operation and owned by various private entities. The parcel known as the “Lake Harbor Parcel” is a 700-acre vacant parcel to the west of the Miami Canal. The Lake Harbor Parcel was historically utilized for sugar cane production, but currently is fallow and heavily dominated with exotic and nuisance plan species.
On April 16, 2020, a DA permit (SAJ-2018-03427) was issued to the South Florida Water Management District (SFWMD) to construct the A-2 STA. The DA permit authorized Phase I and conditionally authorized Phase II and Phase III of the A-2 STA. On May 18, 2020, the DA permit was modified to authorize Phase II. On March 10, 2021, the DA permit was modified to authorize Phase III.
PROPOSED WORK: The SFWMD plans to ultimately increase flows from Lake Okeechobee to the A-2 Reservoir and STA by 1,000 cubic feet per second (cfs) by expanding the Miami Canal from Lake Okeechobee to the A-2 Reservoir and STA. This overall increase in conveyance capacity of the Miami Canal is proposed to be conducted in Phases. Currently, the SFWMD is proposing to construct Phase 1 of the project, which would expand the Miami Canal from Lake Okeechobee south for 6.5 miles. Phase 2, which would be proposed as a future permit application submittal, would expand the Miami Canal from the southern end of Phase 2 project boundary and continue expanding the canal 12 miles south to the A-2 STA and Reservoir. The Corps will evaluate the entire project, including Phase 2, before making a permit decision for the Phase 1 project.
The proposed work for Phase 1 includes dredging 75 acres (1,600,000 cubic yards) of material from the Miami Canal and reshaping the existing canal bank through a combination of upland excavation and placement of 463,000 cubic yards of fill material. The canal bottom would be expanded from 40 feet to 85-90 feet in width. The depth of the canal bottom is not proposed to be deepened. Dredging will occur by hydraulic and mechanically removing material using excavators. The dredged material will be temporarily stored in ten (10) Dredge Materials Management Areas (DMMAs) along the Miami Canal until it used for construction actions and for maintenance of civil works infrastructure, as appropriate. Proposed Geo-Pool structures would be constructed in nine (9) of these DMMAs located along the east side of the Miami Canal within existing farmland areas. One (1) DMMA will be located within a vacant parcel known as the “Lake Harbor Parcel”. This DMMA would occupy 175 acres of land within the 700-acre Lake Harbor Parcel site. The project also includes placement of temporary bridges for construction access, as well as the use and improvements of staging areas and boat ramps along the Miami Canal to facilitate the proposed project.
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 applicant stated that the alternatives were evaluated in the May 2020 Final Environmental Impact Statement for the EAA Reservoir and STA project. In addition, the contractor will be required to implement best management practices throughout the entire period of construction. Turbidity monitoring will be conducted in accordance with the Contractor’s approved Environmental Protection Plan.
COMPENSATORY MITIGATION –The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant stated that the proposed project activities, including the anticipated benefits of the Central Everglades Planning Project and the A2 Reservoir and STA
Project, provide reasonable assurances that it will not result in a net loss of wetland functions and services.
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Audubon's crested caracara (Polyborus plancus audubonii), Florida panther (Puma concolor coryi), Everglade snail kite (Rostrhamus sociabilis plumbeus), wood stork (Mycteria americana), and Eastern indigo snake (Drymarchon couperi). The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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. No EFH is expected to be located within or areas affected by the project. 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.
NAVIGATION: The proposed activity is not located in the vicinity of a federal navigation channel.
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 not been verified by Corps personnel.
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, 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, Kyle Nichols, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Palm Beach Gardens, Florida 33410; by electronic mail at Kyle.H.Nichols@usace.army.mil; or, by telephone at (561) 785-5644.
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.
The 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: Water Quality Certification may be required from the Florida Department of Environmental Protection.
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.