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: Florida Inland Navigation District
Attn: Janet Zimmerman
1314 Marcinski Rd.
Jupiter, FL 33477
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Lake Okeechobee (HUC12 (030902010200)). The project site is located on the Eastern shores of Lake Okeechobee, ~1500 ft. south-southeast of Port Mayaca Lock, immediately adjacent to and on top of the Herbert Hoover Dike at Section 22, Township 40 S, Range 37 E in Martin County, FL.
Directions to the site are as follows: From lnterstate-95, take Exit 133. Keep right at the fork, follow signs for FL-714 W and merge onto SW Martin Highway. Travel 5.5 miles
and turn left onto SW Allapatah Road. Travel 9.1 miles and turn left onto FL-710 E/SW Warfield Boulevard. Travel 2.6 miles then turn left onto SW Indiantown Avenue. Travel 0.4 mile and tum left onto FL-76 W. Travel 11.3 miles and when the road jogs to the left you have arrived at the proposed location for Dredged Material Management Site HD-1.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.979717°
Longitude -80.616844°
PROJECT PURPOSE:
Basic: Construction of a dredged material management area (DMMA) to support the maintenance requirements of the Okeechobee Waterway (OWW).
Overall: Construction of a DMMA to support the maintenance requirements of the OWW (Route 1 and Route 2) including installation of a bulkhead, dredging, and creation of associated operational areas in the adjacent uplands.
EXISTING CONDITIONS: The wetland system consists of a freshwater system with no wetland vegetation present within the project area. The existing area surrounding the HD-1 Site is composed of 9.86 acres (ac) of the crest and lakeside slope of the Herbert Hoover Dike as well as adjacent portions of the lake’s shoreline and nearshore waters. The four types of habitats are lakes (520), shorelines (652), dikes and levees (747), and roads and highways (814) which set by the Florida Land Use, Cover, and Forms Classification System (FLUCCS). The Herbert Hoover Dike includes riprap at the toe of slope, sod slopes, and a maintenance road at the top of the slope which is also utilized as part of the Florida National Scenic Trail.
PROPOSED WORK: The applicant seeks authorization to install 270 linear feet of bulkhead to a height of 20 ft. above water level, backfill behind the bulkhead, dredge 10,130 Cubic Yards of submerged sediments over an area of 2.5 acres to a depth of +4.33 NAVD88.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“Taylor Engineering (Taylor) environmental staff conducted a site vicinity investigation on September 6, 2023. The survey results indicate that the project site is entirely void of protected aquatic resources. Taylor did not identify any jurisdictional wetlands as defined by the USACE Wetlands Delineation Manual (USACE, 1987), the Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region. A survey of the submerged benthic habitat did not identify any protected submerged aquatic resources as most of the substrate consists of shelly sandy sediment.”
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area, including the Herbert Hoover Dike and Kanner Highway, 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:
Based on a Resource at Risk (RAR) report, the following species may occur in the vicinity of the project area: Audubon’s Crested caracara (Caracara plancus audubonii), Beach jacquemontia (Jacquemontia reclinata), Eastern Black Rail (Laterallus jamaicensis ssp. jamaicensis), Eastern Indigo Snake (Drymarchon couperi), Everglade Snail Kite (Rostrhamus sociabilis plumbeus), Florida bonneted bat (Eumops floridanus), Florida panther (Puma (=Felis) concolor coryi), Florida perforate cladonia (Cladonia perforata), Four-petal pawpaw (Asimina tetramera), Okeechobee gourd (Cucurbita okeechobeensis ssp. okeechobeensis), Tiny polygala (Polygala smallii), and West Indian Manatee (Trichechus manatus).
Eastern Indigo Snake: The Corps completed an evaluation of the project based upon the U.S. Fish and Wildlife Service (FWS) South Florida Ecological Services Field Offices Consultation Key for the Eastern Indigo Snake (August 2017). Use of the Key resulted in the following sequential determination: A (Project is not located in open water or salt marsh) > B (Permit will be conditioned for use of the Service’s most current “Standard Protection Measures for the Eastern Indigo Snake” during site preparation and project construction) > C (Project will impact less than 25 acres of Eastern Indigo Snake habitat…) > D (The project has no known holes cavities, active or inactive gopher tortoise burrows, or other underground refugia…) = Not likely to adversely affect. No further consultation was required.
Everglade Snail Kite: Utilizing the Draft SLOPES Manual (March 2020), the project occurs within the Consultation Area for the kite. Use of Appendix B – Effects Determination Key resulted in the following sequence: 1b (Is the action area located within Everglade snail kite critical habitat) No > 2a (Is the action area located within the Everglade snail kite consultation area) Yes > 3b (Is the action area located within suitable Everglade snail kite habitat (freshwater marshes, wet prairies and/or shallow vegetated edges of lakes)?) No. = Not likely to adversely affect. The Corps will seek concurrence on this determination with U.S. Fish & Wildlife Service.
Florida Bonneted Bat: The Corps completed an evaluation of the project based upon the U.S. Fish and Wildlife Service (FWS) Florida Ecological Services Field Office’s Florida Bonneted Bat Consultation Guidelines (2024 Revision). Use of the Consultation Key for the bonneted bat resulted in the following sequential determination: 1a (Action area is wholly or partially within the FBB consultation area) > 2a (Action area contains potential FBB foraging or roosting habitat) > 3c (The project’s purpose is not solely intended for conservation/restoration or land management actions) > 4a (Project proponents choose to assume presence of FBB based on potential foraging habitat) > 5c (No potential FBB roosting habitat is present within the action area (foraging habitat only is present on the site)) > 7a (Project impact area is less than 25 acres (10 hectares) of FBB foraging habitat and outside of Miami-Dade County) = May Affect, Not Likely to Adversely Affect with required Best Management Practices (D1 through D7). No further consultation was required.
West Indian Manatee: The Corps reviewed the project utilizing the Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013. Use of this key resulted in the sequence A-B-C-G-H-I-N-O-P4 = May Affect, Not Likely to Adversely Affect. The Corps partially based this determination on the implementation of the Standard Manatee Conditions for In-Water Work, 2011, which the applicant agreed to implement. No further consultation was required.
The U.S. Army Corps of Engineers (Corps) has determined the project will have No Effect on the following species due to a lack of suitable habitat being affected: Audobon’s Crested caracara, Beach jacquemontia, Eastern Black Rail, Florida panther, Florida perforate cladonia, Four-petal pawpaw, and Okeechobee gourd.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. Our initial determination is that the proposed action would have no effect 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 structure and activity is located within the 100-foot setback of a federal navigation channel. Project will be coordinated with the U.S. Army Corps of Engineers’ Navigation Section.
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.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, FL 32926 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, Jacob Zehnder, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, FL 32926; by electronic mail at jacob.a.zehnder@usace.army.mil; by facsimile transmission at (321)504-3803; or, by telephone at 321-504-3771 ext. 0017.
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.
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 is required from the FDEP or South Florida Water Management District.
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.