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
c/o Mr. Drew Bartlett
3301 Gun Club Road
West Palm Beach, Florida 33406
WATERWAY AND LOCATION: The project would affect waters of the United States, associated with the Belchor Canal (C-25 Canal). The project site is in Sections 31, 35, 36; Township 34 South, Range 38 East, St. Lucie County, Florida (Parcel ID: 12-11-1235-121-0001-000-4). The project site is approximately 27 miles northeast of Lake Okeechobee and south of the Florida Turnpike, mile marker 160.5, and is part of the Indian River Lagoon South Restoration project (IRL-S), a component of the larger Central Everglades Restoration Project (CERP).
Directions to the site are as follows: The project area is located 10 miles west of the City of Port St. Lucie. The north boundary of the project is located directly south of the Florida Turnpike and the southern project limit is adjacent to the C-25 Canal in St. Lucie County, Florida.
To access the site, starting from the Corps’ commercial office building in Palm Beach Gardens, head north on Interstate 95 North (I-95 N) for approximately 60 miles. Take exit 131 (Orange Ave) heading west. Continue west on Orange Ave for approximately 6 miles. Turn right and head north onto North Ffa Road for approximately 2 miles. Turn left, heading west onto West Angle Road for approximately 1.75 miles. The project will be on your right-hand side.
APPROXIMATE CENTRAL COORDINATES:
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Structures
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Latitude
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Longitude
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C-25 RSTA Central Point
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27.478124°
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-80.494266°
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PROJECT PURPOSE:
Basic: Creation of a construction staging area
Overall: Creation of a construction staging area for the Indian River Lagoon South (IRL-S) C-25 Reservoir & STA project in St. Lucie County, Florida.
EXISTING CONDITIONS: The proposed project site consists of approximately 900 acres of prior agricultural lands used for growing various commodity crops, before it was acquired by South Florida Water Management District (SFWMD) in accordance with the long-term implementation of CERP. CERP is a joint venture between the State of Florida and the Federal Government to restore, protect, and preserve the Everglades ecosystem. The project site is also located adjacent to agricultural lands to the north, east, and west. The Belchor Canal (C-25 Canal) is located on the south side of the proposed project limits.
There have been multiple site assessments completed since the applicant procured the lands. An environmental and cultural resources assessment was completed. A contaminants test was also completed.
The site has been heavily disturbed, leading to a lack of quality conditions on site due to changes to the natural environment. The site provides minimal wildlife benefits for aquatic resources, with limited access for large mammals. The area is commonly used by birds, reptiles, and other small to medium sized mammals for foraging and roosting.
The applicant conducted a toxicity characteristic leaching procedure (TCLP) in preparation for construction of the reservoir and STA. The applicant discovered increased copper levels on the northwest section of the project site caused from long-term agrichemical use. The vegetation was cleared, grubbed, and removed off-site, and the soils remediated to normal limits. The applicant has indicated that the proposed location is free of contaminants.
The proposed project site is classified under the Florida Land Use, Cover and Forms Classification System as citrus and fallow cropland. Previous assessments have identified a high abundance, approximately 90% (+- 5%) of the proposed project site, being densely vegetated with exotic/invasive plant species and other nuisance vegetation. The exotic/invasive dominated areas consist of approximately 80% or greater of cogon grass (I. cylindrica), Brazilian pepper (S. terebithifolius), torpedo grass (P. repens) and paragrass (U. mutica).
There is minimal tree canopy cover along the perimeter of the project footprint consisting primarily of cabbage palm (Sabal palmetto), Australian pine (Casuarina equistifolia), Brazillian pepper (Schinus terenbithifolia) and sparse slash pine (Pinus elliottii). The internal footprint consists of water primrose (Ludwigia peruviana), Brazialian pepper, cogon grass (Imperata cylindrica), paragrass (Uricloa mutica), torpedo grass (Panicum repens), and various abandoned citrus plants. Emergent or native ground cover vegetation includes cattails (Typha spp.), common duckweed (Spirodela polyrhiza), beggarticks (Bidens alba), and broomsedge (Andropogon spp.).
The prior agricultural ditches are predominantly overgrown with areas of open water. Brazilian pepper (S. terebinthifolius), torpedo grass (P. repens) and paragrass (U. mutica) plants categorized as nuisance or exotic invasive species, were observed. The levees and agricultural roads, although vegetated, contain upland areas. Most of the soil stratum has been previously assessed as having a range of Pineda sands, Wabasso sands, and other loamy soils, with minimal hydrophytic vegetation that shows very little functionality across the site. There are partially hydric soils located on the west side of the proposed project site and moderately to no hydric soils on the east side of the proposed project site.
PROPOSED WORK: The applicant seeks authorization to conduct preliminary site preparation work to include clearing and grubbing, demolition of existing irrigation equipment, fill of 24.75 acres of existing agricultural ditches, abandonment of 16 artesian wells, construction of a 24-foot-wide perimeter service road around the project site, a new temporary access bridge across the C-25 Canal, and placement of approximately .20 acre of riprap along both sides of the C-25 Canal. The applicant is proposing approximately 118 cubic yards of riprap to be placed on either side of the C-25 Canal. The temporary bridge will be located on uplands and is being proposed to support project operations, access for construction personnel, construction of the perimeter service road, vehicle and equipment parking, material storage and other support functions.
Phase II includes construction of IRL-S C-25 Reservoir & STA. The Corps is expecting to issue a public notice for the applicant’s Phase II proposal, in summer of 2024.
Phases I and II is expected to take approximately 4 years.
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 project design considered several alternatives to avoid and minimize impacts. The applicant has indicated that the proposed project will fill approximately 25 acres of agricultural ditches, identified as A5 tributaries.
The applicant has proposed to utilize all applicable Best Management Practices for in-water work. In addition, implementation of erosion control measures and turbidity curtains will protect water quality and adjacent habitats where applicable and will minimize impacts to the adjacent surface water systems. Below are a list of minimization and conservation measures that will be applied by the applicant.
Minimization and conservation measures (below):
1. Silt curtains and turbidity screening will be used to control effects to the drainage ditches and connected canals.
2. Temporary and permanent erosion and sedimentation control features or screening will be installed.
3. Dredged material that is suitable will be used in the construction of the project components.
4. Clean fill material will be used.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:
The proposed project is intended to fill approximately 24.75 acres of surface waters and agricultural ditches and approximately .20 acre of the C-25 Canal. The applicant has indicated that the proposed perimeter road is not intended to impact non-forested freshwater wetlands located along the western perimeter boundary of the project site.
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. The Corps’ 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 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 may affect but is not likely to adversely affect the Everglade snail kite (Rostrhamus sociabilis plumbeus), Audubon’s crested caracara (Caracara cheriway), eastern black rail (Laterallus jamaicensis ssp. jamaicensis), and wood stork (Mycteria americana). 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 (EFH): 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 applicant stated that dredging and fill will not impact the C-25 Canal or applicable structures. The applicant indicates that there will be no restrictions to navigation to the C-25 Canal during or after construction.
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.
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 Palm Beach Gardens Permits Section, 4400 PGA Blvd., Suite 500, Palm Beach Gardens, FL 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, Ryan J. Poland, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Blvd. Suite 500, Palm Beach Gardens, FL 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 (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 Corps is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties 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.