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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Palm Beach County Board of County Commissioners
c/o Kathleen Farrell
2300 North Jog Road
West Palm Beach, Florida 33411
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Carver Canal and Clear Lake. The project site is located at Australian Avenue from Banyan Boulevard to 45th Street in Sections 4, 5, 8, 9, 16, and 21, Township 43 South, Range 43 East, West Palm Beach, Palm Beach County, Florida.
Directions to the site are as follows: From Interstate 95, take the exit for Okeechobee Boulevard and head east. Turn north on Australian Avenue and travel approximately one-half mile to Banyan Boulevard.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.736423°
Longitude -80.067601°
PROJECT PURPOSE:
Basic: Dredging and shoreline stabilization.
Overall: Dredging and shoreline stabilization associated with improvements to Australian Avenue.
EXISTING CONDITIONS: The proposed project is located within the existing Australian Avenue right-of-way, and includes bridge crossings of Clear Lake and the Carver Canal. The existing roadway consists of two travel lanes in each direction, curb and gutter, a raised median, and a six-foot sidewalk. The Carver Canal is a maintained linear surface water conveyance consisting of open water and stabilized, sodded banks. The portion of Clear Lake in which work will take place is also a maintained linear surface water conveyance consisting of open water and banks stabilized by riprap and sod.
A portion of the project will occur within freshwater wetlands outside of the right-of-way, within the northern section of the project. The wetland consists of a non-tidal freshwater system which has been verified by Corps staff to be non-jurisdictional. The onsite vegetation consists of predominantly invasive species, including melaleuca.
The existing area surrounding the project area consists of developed residential, commercial, and governmental/institutional properties.
PROPOSED WORK: The applicant seeks authorization to conduct the following activities:
Widen the existing roadway to include two travel lanes in each direction, a 4-foot-wide shoulder, curb and gutter, a raised median, and 6-foot to 10-foot-wide sidewalks on both sides of the road.
Installation of 310 linear feet (5,274 square feet, 98 cubic yards) of bedding stone, overlaid by 310 linear feet (5,274 square feet, 293 cubic yards) of riprap material for bank stabilization within the Carver Canal.
Installation of 295 linear feet (11,720 square feet, 217 cubic yards) of bedding stone, overlaid by 295 linear feet (11,720 square feet, 651 cubic yards) of riprap material for bank stabilization within Clear Lake.
Dredging of a 5,274 square foot area within the Carver Canal, removing 847 cubic yards of dredged material.
Dredging of a 11,720 square foot area within Clear Lake, removing 2,625 cubic yards of dredged material.
Creation of a 2.82-acre stormwater storage lake by excavating a 2.82-acre area to an elevation of 3.0 feet NAVD, removing 32,018 cubic yards of material. A berm will be constructed around the perimeter of the stormwater storage area by placing 2,184 cubic yards of fill to achieve a top-of-berm elevation of 13.00 feet NAVD. The stormwater lake will be directly connected to the Carver Canal.
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:
Due to the nature of the project, avoidance is not possible and the impacts have been minimized to the minimum necessary to accomplish the project design and function.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:
Mitigation is not proposed because the proposed bank stabilization and minor dredging work will not result in wetland impacts or significant loss of aquatic habitat functions.
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. 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) and the Eastern Indigo Snake (Drymarchon couperi). 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.
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. 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 structures are 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 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 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, 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 (please copy Alisa.A.Zarbo@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 may be required from the South Florida Water Management District (SFWMD). The project is being reviewed under SFWMD application no. 230726-39574
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.