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: Mr. Don Cook
Dack Beeline, LLC
8656 Wendy Lane East
Royal Palm Beach, FL 33411
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Loxahatchee River Basin. The project site is a previously disturbed (vacant) fill pad, located adjacent to and east of the existing Debris Dog composting facility, along the north side of SR 710/Beeline Highway, in Palm Beach County, Florida.
Directions to the site are as follows: Site is located along the north side of
SR 710/Beeline Highway, approximately 2.7 miles northwest of Seminole Pratt Whitney Road, in Palm Beach County, Florida.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.9269°
Longitude: -80.3253°
PROJECT PURPOSE:
Basic: To expand an existing soil composting facility.
Overall: The applicant proposes fill impacts to 2.93 acres of wetland area within a portion of the 10-acre property for the expansion of existing (active) soil composting facilities (1.98-acre impacts to forested Wetland 1 and 0.95-acre impacts to herbaceous Wetland 2). Approximately 20,000 cubic yards of clean imported fill would be utilized for impacts to on-site wetlands. A 25’ vegetative buffer would be added by the applicant along the eastern and southern project boundaries. A permit for the existing facility was acquired by the Applicant from the State of Florida (South Florida Water Management District (SFWMD), Individual Environmental Resource Permit (ERP) No. 50-109564-P). A wetland area and canal, located to the north of these project limits, would not be included in this proposed (Phase II) expansion.
EXISTING CONDITIONS: The freshwater (mixed hardwood/herbaceous) wetland system is located east of and adjacent to the existing soil composting facility. Within this 10-acre property, additional on-site aquatic resources consist of a canal and another herbaceous wetland to the north (the general project site vicinity consists of other freshwater herbaceous wetlands). Beeline Highway serves as the southern boundary of the project site. The general surrounding land use primarily consists of natural, undeveloped areas.
PROPOSED WORK: The applicant seeks authorization to perform fill impacts to 2.93 acres of herbaceous wetlands for the expansion of an existing (active) composting facility. The proposed project would modify SFWMD’s ERP for the project 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:
The project site consists entirely of an herbaceous wetland, and therefore, complete avoidance would not be possible to consider a viable project. With the existing composting facility to the west, the Phase II expansion of their facility to the east would necessitate the full width of the existing property to accommodate the use of trucks and other associated equipment. Efforts would be made to avoid impacts to off-site wetlands through including a 25’ planted wetland buffer along the eastern and southern project limits. A 30’ tall mesh fabric fence would also be installed to prevent any additional disturbance within remaining wetlands and/or other aquatic resources. Within this 10-acre property, 2.33 acres of herbaceous wetlands and 0.67-acre of (canal) surface water would be avoided (north of the project site).
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes the purchase of wetland mitigation credits from Bluefield Ranch Mitigation Bank (BRMB) as compensatory mitigation for this project. Wetland Rapid Assessment Procedure (WRAP) worksheets have been prepared by the applicant, indicating that a total 1.99 wetland mitigation credits would be required to offset the proposed fill activities associated with this project (Wetland 1 (Forested) WRAP Score: 1.29 wetland credits, and Wetland 2 (Herbaceous) WRAP Score: 0.70 wetland credits).
CULTURAL RESOURCES: The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C.
Based on early internal consultation, the Corps has determined that the existing segment of Seaboard Air Line Railroad, located to the south of the project site, would retain a high degree of integrity, and would continue to operate as an active, historic railroad corridor as a result of this project (maintaining its original route and historic integrity). This project would have No Potential to Cause Effect to Historic Properties.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect (MANLAA) the Eastern indigo snake (Drymarchon corais couperi) or its designated critical habitat, and Core Foraging Areas for Wood stork (Mycteria americana). The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Use of the USFWS Eastern Indigo Snake Programmatic Effect Determination Key resulted in the following sequential determination: A > B > C > D > E, “not likely to adversely affect.” Based on the determination key, no additional consultation with USFWS would be required, pursuant to Section 7 of the Endangered Species Act.
The project lies within the 18.6-mile buffer of the Ballen Isles and Solid Waste Authority wood stork nesting colonies. Use of the USFWS South Florida Ecological Services Office Effect Determination Key, dated May 2010, resulted in the following sequential determination: A > B > C > E, “not likely to adversely affect.” Based on the determination key, no additional consultation with USFWS would be required, pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal would have no effect on the following listed threatened or endangered species or their designated critical habitat: Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida grasshopper sparrow (Ammodramus savannarum floridanus), Florida scrub-jay (Aphelocoma coerulescens), Florida bonneted bat (Eumops floridanus), Red-cockaded woodpecker (Picoides borealis), and Audubon’s crested caracara (Polyborus plancus audubonii).
ESSENTIAL FISH HABITAT (EFH): The project is located within a freshwater (mixed hardwood/herbaceous) wetland area. The proposed action would not have any substantial adverse impact on EFH or Federally managed fisheries, based on the project’s inland location, distant from those waters considered under EFH. 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 soil composting expansion 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 Jacksonville Permits Section, address located at the letterhead above, 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 in writing to Mr. Joseph Rivera, Project Manager, at Savannah District, Piedmont Branch, 4751 Best Road, Suite 140, College Park, Georgia 30337; by electronic mail at Joseph.N.Rivera@usace.army.mil; or, by telephone at (678) 422-2723.
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 (WQC): WQC is required from the SFWMD for the expansion of the proposed facility. The SFWMD issued an ERP (No. 50-109564-P) on February 8, 2024.
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.