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, Florida 33406
WATERWAY AND LOCATION: The project would affect waters of the United States
in western Palm Beach County, Florida (Section 5, Township 45.5S, Range 37E). The project site is located within a parcel known as the Woerner Tract, approximately 7 miles south from Lake Okeechobee on the west side of Highway US-27, and within the overall Everglades Agricultural Area (EAA) A-2 Reservoir and A-2 Stormwater Treatment Area (STA) Project.
Directions to the site are as follows: The project area is located directly north of the A-1 Flow Equalization Basin (FEB), in Palm Beach County, approximately 9-miles south of the City of Okeelanta, Florida, and adjacent to the North New River Canal.
To access the site, starting from the Corps commercial office building in Palm Beach Gardens, head west on PGA Boulevard. Continue onto Florida’s Turnpike/FL-91 South approximately 9.25 miles to US-98/FL-80 (Southern Blvd / Exit 97) onto Pike Road. Turn right and head west onto US-98 for approximately 32 miles.
Turn left and head south on FL-80W/US-441S approximately 6 miles past Belle Glade. Turn left on US-27S at the town of South Bay and head south for approximately 18 miles. Turn right at the service road, name unknown, north of the A1 FEB and the Florida Power and Light (FPL) Substation Project Site (see road sign). The site is located on the left-hand side of the service road.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.4876°
Longitude: -80.6648°
PROJECT PURPOSE:
Basic: Construction staging area
Overall: Construction staging area for the Central Everglades Planning Project (CEPP) EAA A-2 Reservoir and STA in Palm Beach County, Florida.
EXISTING CONDITIONS: The proposed project site is located adjacent to agricultural lands to the north, east, and west, and the A-1 FEB project to the south. The project site, also called the Woerner Parcel, had been used as agriculture and would actively grow sod and other commodity crops before the property was acquired by the South Florida Water Management District for use in the CEPP/A-1 Reservoir Project and to support construction efforts approved under CEPP.
The site contains approximately 58.83 acres of freshwater, non-forested wetlands with small aggregation or “pockets” of marsh-prairie ecotones scattered between areas containing exotic-dominated plant species, which is what makes up the majority of the Construction Village site location. There is no tree canopy cover and the very sparse shrub cover observed consists of water primrose (L. peruviana), and Carolina willow (Salix caroliniana). Emergent or native ground cover vegetation includes sawgrass (Cladium jamaicense), cattails (Typha spp.), arrowheads (Sagittaria lancifolia), water primrose (Ludwigia peruviana), broomsedge (Andropogon glomeratus), beggar ticks (Bidens pilosa), whitetop sedge (Dichromena colorata) and flat top goldenrod (Euthamia minor). The exotic/invasive dominated areas consist of approximately 80% or greater of elephant grass (Pennisetum purpureum), Brazilian pepper (S. terebithifolius), and torpedo grass (P. repens).
The agricultural ditches are predominantly overgrown and do not contain areas of open water. Brazilian pepper (S. terebinthifolius), Carolina willow (S. caroliniana), and Saltbush (B. halimifolia), plants categorized as nuisance or exotic invasive species, were observed. The existing levees and agricultural roads, although heavily vegetated, contain upland areas.
The areas on the parcel that are not densely vegetated include the recently developed FPL substation and the existing A-2 STA Construction Village. Given how much human interference, constructions activity, and overall lack of quality conditions on site, there is limited access for large mammals and provides minimal wildlife benefits for aquatic species. The Corps believes that the area is commonly used by birds and other small to medium sized mammals for foraging and roosting/denning.
PROPOSED WORK: The applicant seeks authorization to construct and operate a designated construction site for infrastructure needed to support the construction of the EAA A-2 Reservoir and STA. The site will support construction trailers, vehicle and equipment parking, material storage and other support functions, as well as personnel support facilities near the project site for construction. The project would impact 58.37 acres of freshwater non-forested wetlands.
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:
Minimization and conservation measures:
1. Silt curtains and turbidity screening will be used to control effects to the drainage ditches and connected canals. Temporary and permanent erosion and sedimentation control features or screening will be installed.
2. Dredged material that is suitable will be used in the construction of the project components.
3. Clean fill material will be used.
COMPENSATORY MITIGATION: The applicant has provided the following statement for compensatory mitigation:
The Uniform Mitigation Assessment Method (UMAM) analysis was used to evaluate impacts to aquatic resources including wetlands because of construction of the project. The applicant conducted a site visit with the Florida Department of Environmental Protection (FDEP) in early 2023 to conduct the UMAM analysis, which was submitted as part of the application to the Corps. The proposed work results in unavoidable direct impacts to 58.37 acres of wetland areas, which results in a loss of 13.60 UMAM functional units. The applicant proposes that all unavoidable wetland impacts will be fully offset through permittee responsible mitigation using hydrological enhancement.
The mitigation plan proposed by the applicant identifies approximately 370 acres in northwestern Water Control Area 3A (WCA 3A) focused specifically on hydrologic benefits provided by the CEPP and EAA projects. The applicant suggests that the additional flows anticipated from the implementation of the CEPP and the EAA Project components will restore downstream hydrologic conditions by providing additional water to facilitate longer hydroperiods and greater sheet flow in northwestern WCA 3A, where past freshwater wetlands historically relied on long hydroperiods for sawgrass areas and deepwater sloughs.
The applicant indicates that mitigation benefits proposed are the same ecological-type (in-kind) relative to the community of aquatic resources impacted. The applicant indicates that the restored hydrologic conditions expected, will augment the opportunities for native freshwater wetland vegetation to take hold. Also, with natural hydrologic conditions restored, aquatic wildlife residing within and downstream of the compensatory mitigation areas will have healthier aquatic resources. Therefore, the applicant is proposing that there will be no net loss of wetland functions because of the project supporting watershed benefits to the WCA-3A and meets the overall intent outlined CEPP’s project benefits.
CULTURAL RESOURCES: The applicant has provided documentation demonstrating that no archaeological sites or historic/cultural resources have been identified within the limits of the proposed work. The Corps is aware of recorded historic resources 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.
THREATENED OR ENDANGERED SPECIES: The Corps has reviewed the following threatened or endangered species and the affects the proposed project may have. The Corps has determined the proposed project may affect the Eastern indigo snake (Drymarchon corais couperi) and the Florida panther (Puma concoryli) and may affect but is not likely to adversely affect the Florida bonneted bat (Eumops floridanus), Everglade snail kite (Rostrhamus sociabilis plumbeus), Audubon’s crested caracara (Caracara cheriway). Additionally, the project is not likely to destroy or adversely modify any designated critical habitat. The Corps will consult with the U.S. Fish and Wildlife Service with the determinations pursuant to Section 7 of the Endangered Species Act by separate letter.
ESSENTIAL FISH HABITAT: The applicant has indicated that there would be no essential fish habitat proposed to be impacted by this activity. 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. However, the North New River Canal is a navigable waterway that was constructed by the Corps as part of the Central and South Florida canal system. The Corps believes that the proposed work will not impact the North New River Canal or applicable structures. The applicant indicates that there will be no restrictions to navigation to the North New River Canal during or after construction.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not 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, Suite 500, Palm Beach Gardens, Florida 33410 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, Ryan J. Poland, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Blvd. Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Ryan.J.Poland@usace.army.mil; or, by telephone at (561) 472-3512.
IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency, 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 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 used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. 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 FDEP and/or one of the state Water Management Districts.
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.