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 404 of the Clean Water Act (33 U.S.C. §1344) as described below:
APPLICANT: Everglades National Park
c/o Michael Machupa
40001 State Road 9336
Homestead, Florida 33034
WATERWAY AND LOCATION: The project would affect waters of the United States within the Shark River Slough at the Pa-Hay-Okee boardwalk within Everglades National Park. The project site is located in Section 11, Township 58 South, Range 35 West, Miami-Dade County, Florida.
Directions to the site are as follows: Pa-Hay-Okee is on the main park road 12 miles west of the main entrance of Everglades National Park.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.4433°
Longitude: -80.4945°
PROJECT PURPOSE:
Basic: The purpose of this project is to replace an existing boardwalk and observation platform.
Overall: The overall project purpose is to replace the existing Pa-Hay-Okee boardwalk and observation platform within Everglades National Park.
EXISTING CONDITIONS: The project site is approximately 1.5 acres and contains the existing boardwalk, observation platform, and asphalt parking lot. Beyond the toe of slope of the existing parking lot, the entire project site consists of freshwater wetlands. The wetland systems within the project area consist of South Florida Bayhead (Florida Land Use Cover Classification System (FLUCCS) Code 22312), Glades Marsh (FLUCCS Code 2125), and Marl Prairie (FLUCCS Code 2113). The project area is located within the Shark River Slough, which sheet flows to the southwest directly into Florida Bay.
PROPOSED WORK: The applicant seeks authorization to replace the existing Pa-Hay-Okee boardwalk by conducting the following activities:
1. Removal of the existing boardwalk and observation platform structures, including removal of the existing concrete footers.
2. Construct a new 600-foot by 6-foot elevated boardwalk on timber piles.
3. Construct a new 30-foot by 20-foot elevated observation platform on steel and concrete piles.
4. Removal of 6,200 square feet of asphalt parking lot and replacement with 5,200 square feet of asphalt parking lot.
5. Placement of 4,200 square feet (160 cubic yards) of temporary wooden matting for construction access.
6. Remove and trim vegetation consistent with the draft Scenic Vista Management Plan developed by the National Park Service for the site.
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:
All work will follow all stipulations in the Programmatic Biological Opinion for Everglades National Park Maintenance of Land Trails, Water Trails, and Associated Facilities, dated Nov 12, 2019.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Compensatory mitigation has not been proposed by the applicant.
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 National Park Service (NPS) has been identified as the lead agency for documenting compliance with Section 7 of the Endangered Species Act (ESA). On February 27, 2019, the NPS initiated formal consultation with the U.S. Fish and Wildlife Service (USFWS) with the submittal of a Biological Assessment for the proposed maintenance of land trails, water trails, and associated facilities in Everglades National Park. The scope of the Biological Assessment included the maintenance and replacement of the Pa-Hay-Okee boardwalk. On November 12, 2019, USFWS provided a Biological Opinion (BO) based on a review of the proposed action and its effects on federally listed species and critical habitats under the USFWS purview. The USFWS BO determined that the proposed action is not likely to jeopardize the continued existence of listed species. Therefore, the actions taken by the NPS are sufficient to ensure the activity is in compliance with Section 7 of the ESA and no further coordination with the USFWS is required.
ESSENTIAL FISH HABITAT (EFH): Our initial determination is that EFH is not present within the project area; therefore, the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries within the South Atlantic Region.
NAVIGATION: The proposed activity is not located in the vicinity of a federal navigation channel.
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 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, Jeffrey Meyer, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Jeffrey.L.Meyer@usace.army.mil; or by telephone at (561) 871-0387.
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 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 has been waived by the certifying authority, South Florida Water Management District (SFWMD). The project was authorized under SFWMD application no. 240319-42921.
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.