SAJ-2006-01969(SP-RJP)

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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT: South Florida Water Management District (SFWMD)
                      c/o Jennifer Smith
                      3301 Gun Club Road
                     West Palm Beach, Florida 33406
                     rhopper@sfwmd.gov

WATERWAY AND LOCATION: The project is located within waters of the United States (U.S.) in Palm Beach County, Florida. The S-351 is located at the southeastern shore of Lake Okeechobee in the perimeter dike of Lake Okeechobee at the connection of the Hillsboro Canal and the North New River Canal to Lake Okeechobee in Section 26, Township 43 south, Range 36 east; the S-352 is located in the perimeter dike of Lake Okeechobee at the connection of the West Palm Beach Canal to Lake Okeechobee in Section 33, Township 41 south, Range 37 east; and the S-354 is located in the perimeter dike of Lake Okeechobee at the connection of the Miami Canal to Lake Okeechobee in Section 2, Township 44 south, Range 35 east.

Directions to the site are as follows: From Palm Beach County, take Southern Boulevard (State Road 80) west. Turn right on County Road 700/Old Conners Road and continue to Lake Okeechobee (the Lake). The S-352 site is located at the end of County Road 700/Old Conners Road on the Herbert Hoover Dike (HHD). Continue south on County Road 15/E Main Street/NW 1st Avenue to access S-351. Travel west on State Road 80 to access S-354.

APPROXIMATE CENTRAL COORDINATES:

PROJECT PURPOSE:

Basic: The basic project purpose is water supply.

Overall: The overall project purpose is to provide water from Lake Okeechobee to
downstream users during low water conditions.

EXISTING CONDITIONS:

The Lake is a freshwater lake with a surface area of 730 square miles and an average depth of 9 feet. Typically, the main inflows into the Lake are the Kissimmee River, Taylor Creek-Nubbin Slough, Indian Prairie Canal, Harney Pond Canal, and Fisheating Creek. The main outflows east and west, which comprise the largest outflow capacity, are the St. Lucie Canal and the Caloosahatchee River, respectively. The main outflows south are through the Miami Canal, North New River Canal, Hillsboro Canal, and the West Palm Beach Canal. The HHD surrounding the Lake and several water control structures allow management of the Lake to meet federal Congressionally-authorized project purposes which include flood control, navigation, water supply for Everglades National Park (ENP), salinity control, regional groundwater control, agricultural irrigation, municipalities and industry, enhancement of fish and wildlife, and recreation. Currently, the Lake is regulated under the 2008 Lake Okeechobee Regulation Schedule (LORS08). While providing for Federal project purposes, LORS08 also provides for the rights of water allocation that rest with the State of Florida. In the case of the Central and South Florida (C&SF) project, the state agency responsible for allocating water is the South Florida Water Management District (SFWMD). The SFWMD is responsible for water supply allocation from the Lake. Releases may be for municipal and agricultural water supply, aquifer protection, to maintain appropriate salinity envelope in the estuaries, environmental releases south to the Everglades, or any other beneficial uses the SFWMD deems appropriate. The State's decision regarding appropriating water supply allocations is not determined by the Corps or LORS08, unless the release would interfere with Federal project purposes. Under LORS08, management of the Lake water levels is based on seasonally varying lake elevations divided into three bands: High Lake Management Band, Operational Band, and Water Shortage Management Band. The High Lake Management Band addresses public health and safety, especially related to the structural integrity of HHD by providing the ability to make releases up to the maximum capacity that lake outlets will allow. The Operational Band provides the ability to make releases of various volumes, including no releases, while the Lake outlet canals are maintained within their optimum water management elevations. The Water Shortage Management Band pertains to low lake levels which necessitate rationing water supplies. The goal of this band is to manage existing water supply contained within the Lake in accordance with SFWMD rules and guidance. All elevations are in feet, National Geodetic Vertical Datum of 1929 (NGVD) unless otherwise noted. If the water levels in the Lake are in the Water Shortage Management Band, which varies seasonally between 9.7 to 13.0 feet NGVD and below, the SFWMD is still required to provide water supply allocations to downstream users. The existing water control structures S-351, S-352, and S-354 are unable to deliver water into the canals by standard gravity when lake water levels are below 10.2 feet NGVD in the Lake. To meet their water supply demands below 10.2 feet NGVD, the SFWMD installs portable forward pumps (PFPs) in the submerged bays at the three water control structures to provide water to downstream users. Six are installed at water control structure S-351, four are installed at S-352 and four at S-354 for a total of fourteen pumps. Each pump operates at 100 cubic feet per second at maximum capacity. The total pump design capacities are: 600 cfs cubic feet per second (cfs) at S-351, 400 cfs at S-352, and 400 cfs at S-354. The PFPs are used to provide water during water shortages to the Everglades Agricultural Area (EAA), Stormwater Treatment Areas (STAs), Lower East Coast Service Areas (LECSAs), and the Seminole Tribe of Florida.

Project History: The SFWMD has used the PFPs in prior water shortage situations under a state emergency order and it is anticipated that the pumps would be used in the future with or without a revised lake regulation schedule. The SFWMD installed and operated the PFPs for various durations in 2001, 2007, 2008, 2009, and 2011. The United States Army Corps of Engineers (Corps) coordinated the project as a Letter of Permission on September 25, 2006. The U.S. Fish and Wildlife Service (USFWS) concurred in writing, via a letter dated October 23, 2006, that the construction of the PFPs would not adversely affect any federally listed species and acknowledged that the LORS08 Biological Opinion (BO) would include the effects associated with operation of the pumps. Therefore, the Corps issued a Department of the Army (DA) permit to the SFWMD for the installation and operation of the fourteen PFPs at water control structures S-351, S-352, and S-354 on February 9, 2007. The permit authorized operating the pumps under the Water Supply and Environment (WSE) regulation schedule. A revised regulation schedule (referred to as LORS08) was implemented for the Lake in April 2008. The permit was modified (modification #1) on April 1, 2011, to allow the pumps to be operated when the Lake is under LORS08. Permit modification #2, #3, and #4 occurred on February 8, 2012, February 8, 2013, and February 6, 2014, respectively, to extend the expiration date of the permit one year. The permit was modified (Modification #5) on January 29, 2015, to extend the expiration date of the permit 120 days. Modification #6 extended the permit sixty (60) days to expire on August 8, 2015. Modification #7 extended the permit to expire on August 24, 2015. The SFWMD requested that the Corps suspend the permit while granting an interim time extension for ninety days to address remaining outstanding issues and potentially modify the project description. Modification #8 suspended the permit on August 24, 2015, concurrently granting a time extension to November 24, 2015. Modification #9 issued an 18-month time extension until May 25, 2017, to allow additional time to pursue a broader consultation that considers both the SFWMD’s pending extension request for the PFPs and the federal plan referred to as LORS08. On May 23, 2017, the Corps granted a 21-day extension to complete consultation with USFWS and issued a time extension until June 14, 2017 (Modification #10). Due to the SFWMD’s concerns with the draft BO, the SFWMD withdrew their permit application on June 7, 2017. The SFWMD applied for an application to the Corps on June 7, 2018, to install the PFPs. The Corps issued a DA permit on August 7, 2018, that authorized the installation and operation of fourteen PFPs at water control structures S-351, S-352, and S-354.
PROPOSED WORK: The applicant proposes to reauthorize the installation and operation of fourteen PFPs at water control structures S-351, S-352, and S-354. Six pumps are installed at water control structure S-351, four are installed at S-352, and four are installed at S-354. Each pump operates at 100 cubic feet per second at maximum capacity. Installation and use of the PFPs will enable the SFWMD to deliver water to their users and carry out its consumptive use permits for water supply allocations. The SFWMD proposes to operate the PFPs under the new Lake Okeechobee System Operating Manual, as described in the draft Environmental Impact Statement dated July 2022.

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 pumps would be installed on existing Corps’ structures and would be operated on an as-needed basis. The pumps would be removed when they are no longer needed.
Installation of the pumps takes less than a month for all three structures.

Installation activities occur from the landward side of the structures utilizing cranes of varying size and capacity and will not result in disturbance of the Lake. The area where cranes and equipment are staged is upland and includes levees and portions of the water control structures. Installation of pumps will incorporate manatee grates and adhere to Standard Manatee Conditions for In-Water Work, 2011. All dive activities to install the pumping system are performed on the canal side of the water control structure. Minimal dive activity is required on the Lake side of the structure to install the manatee screens. Standard construction precautions for the eastern indigo snake i.e., the Draft Standard Protection Measures for the Eastern Indigo Snake (August 12, 2013) also apply. The PFPs are removed when either not in use or not anticipated to be needed in the near term. The SFWMD has agreed to provide notification to the Corps prior to the installation of the PFPs, as well as a summary report that includes a daily record of Lake stages, evaporation and evapotranspiration rates for the Lake, rainfall in and around the Lake, and other water releases or losses from the Lake when the pumps are in use.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

The project would temporarily dewater freshwater submerged aquatic vegetation. The vegetation is expected to recruit back the following year. Since the effects are temporary, compensatory mitigation for impacts to aquatic resources should not be required.

CULTURAL RESOURCES: The Corps 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 wood stork (Mycteria americana), the Okeechobee gourd (Cucurbita okeechobeensis), the eastern indigo snake (Drymarchon corais couperi), the West Indian manatee (Trichechus manatus), the Everglade snail kite (Rostrhamus sociabilis plumbeus) and is not likely to destroy or adversely modify the Everglade snail kite designated critical habitat. The Corps will request U.S. Fish and Wildlife concurrence with these determinations pursuant to Section 7 of the Endangered Species Act by separate letter.

NAVIGATION: Lake Okeechobee provides 40 miles of navigable waterways for commercial use and much more for recreational purposes. As lake levels drop below 12.56 feet NGVD, the authorized project depth cannot be maintained. Navigation access to fishing areas is reduced, rim canals and boat trails can become inaccessible, and boat ramp and marina access is impacted in some areas of the lake. Adverse impacts are dependent on lake stage and vessel draft. Operation of the temporary forward pumps would occur when the lake reaches 10.2 feet NGVD or less. At this point, impacts to navigation have already been felt and Notices to Mariners will have already been provided by the Corps. If the lake level reaches 10.2 feet NGVD or less such that the temporary forward pumps are turned on, depths in the channel would approximate 5.46 feet NGVD, and less at areas where shoaling exists. Lock openings in the Lake Okeechobee Waterway may also be reduced to conserve water in the lake but boat access would not be restricted.

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, 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 United States Army Corps of Engineers Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410, 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, Linda C. Knoeck, in writing at the United States Army Corps of Engineers Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410 or by electronic mail at Linda.C.Knoeck@usace.army.mil.

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.

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: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP).

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.