SAJ-2024-05261(SP-RJP)

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: 

South Florida Water Management District

c/o Drew Bartlett                                                                                        

3301 Gun Club Road

West Palm Beach, Florida 33406

WATERWAY AND LOCATION: The project site is located within the L-29 Canal and right-of-way, located east of the South Florida Water Management District (SFWMD) S-333N Structure and approximately 8 miles west of Krome Avenue and US-41.  The proposed project would affect waters of the United States (U.S.) associated with the L-29 Canal in the Pouratic Pond-Everglades National Park sub-watershed, Hydrologic Units Code 030902021300 in Section 2, Township 54 South, Range 37 East, in Miami-Dade County, Florida.

Directions to the site are as follows:  Head west on PGA Boulevard/FL-786 for approximately two (2) miles towards Florida’s Turnpike.  Head south towards Miami on Florida’s Turnpike and continue south for approximately eighty-five (85) miles, then merge right onto FL-836 West.  Stay west on FL-836 for approximately two (2) miles and merge onto FL-825/NW 137^th Ave. Stay on FL-825/NW 137^th Ave for approximately two (2) miles to SW 8^th St/ US-41 North. Stay on SW 8^th St/ US-41 North for approximately ten (1) miles to the project site, please see approximate coordinates below.

APPROXIMATE CENTRAL COORDINATES:   

PROJECT PURPOSE:

Basic:  Increase water conveyance.

Overall:  Increase water conveyance within the L-29 Canal.

ADMINISTRATIVE HISTORY: The proposed S-355 W gated spillway structure project is a component of the Central Everglades Planning Project – South (CEPP South). CEPP-South is a critical sub-component of the larger Comprehensive Everglades Restoration Plan (CERP), a multi-billion-dollar state and federal ecological restoration project

CEPP-South includes a portfolio of projects that support the L-29 Canal levee system, please see existing conditions for more information.  These projects include but are not limited to storage, treatment, conveyance, and seepage management projects. CEPP-South was authorized by the Chief of Engineers via the Chief’s Project Initiation Report with the supplemental Environmental Impact Statement (PIR/EIS) for Central and South Florida, Everglades Agricultural Area (EAA), Florida, dated July 2014.  The PIR/EIS includes the recommended project activity to construct the S-355W spillway.

Projects including the S-355W gates spillway are expected to provide the necessary engineering parameters to deliver additional fresh water from Lake Okeechobee south to Water Conservation Area (WCA) 3 to include WCA 3A, WCA 3B, Everglades National Park, and Florida Bay.  WCA 3 was constructed for water storage to reduce the occurrence of flooding. Other purposes include water supply for urban and agricultural uses, wildlife habitat, and recreation.

Originally, the Corps was authorized to construct the S-355W spillway.  The project is in partnership between the non-federal sponsor, the South Florida Water Management District and the federal sponsor, the Corps.  The Corps received a state permit in 2023-2024 under Permit No.: 0428508-001 and 0428511-001, respectively. As a result in changes to cost share funding requirements, the applicant was asked to construct the S-355W spillway structure in advance of the federal project. 

EXISTING CONDITIONS: The site of the proposed S-355W structure is part of the existing L-29 Canal levee system.  The L-29 levee system overall is in Miami-Dade, Broward, Collier, and Monroe Counties, and is surrounded by varied land use types that includes Native American residences, urban and rural infrastructure such as US 41, Everglades National Park, and Big Cypress National Preserve.

Construction of the L-29 levee system was completed 1967 by the Corps. The L-29 levee system consists of five (5) levee segments (L-29 Sections 1, 2, 3, L-28 Section 5, and L-67 Extension) which form the southern and southwestern boundaries of Water Conservation Area 3 (WCA-3). The applicant is now the primarily responsible party for operating and maintaining the levees and associated structural components. The applicant also operates and maintains several gate structures in the system that help manage water across the system.

The project area has been previously disturbed and consists of the L-29 Canal and levees. The applicant operates and maintains the L-29 Canal to help convey water from WCA-3A and WCA-3B to the Everglades National Park, and out to the tidal waters. The L-29 Canal is a WOTUS, classified as an a (5) tributary as described in the pre-2015 regulatory regime guidance.  The applicant has indicated that there are no native vegetated wetland or other special aquatic sites within the limits of construction proposed by the applicant. The geologic conditions on-site consist of predominately excavated limestone deposits. The Corps is continuing to assess the aquatic resource information provided by the applicant.

PROPOSED WORK:  This project requests authorization to dredge the L-29 Canal and construct the S-355 West gated spillway structure.  The applicant would also reduce the existing height and the of L-29 Levee and armor the levee wall to meet future conveyance requirements. The proposed project would include:

1. Complete Canal Dredging. The applicant proposed to dredge approximately 20,887 cubic yards (cy) of material from approximately 1.3 acres of the L-29 Canal and levees.  Dredged materials include accumulated sediments, rock, and fill from existing embankments. 

2. Modify the Height of the L-29 Levee. The applicant would remove approximately 15,615 cy of material from the levee to reduce the height of the levee from approximately 22’ NAVD88, to approximately 17’ NAVD88, as further described in the applicant’s project design information. The collected material would be reused.  Construction unsuitable material would be disposed as defined the design information.

3. Prepare the Proposed Site for Construction of the S-355W Structure: The activity would include placing approximately 750 linear feet of sheet pile to construct a retaining Wall on North and South Levee.  The applicant would backfill the area between the sheet piles and the levee with approximately 31,926 cy of materials and includes approximately 2,302 cy of riprap; approximately 23,373 cy of fill material; approximately 5,129 cy of gravel, and approximately 1,122 cy of marine mattress material to construct the access roads and wing walls for the construction of the spillway.

4. Construct the S-355 W gated spillway and control building. The applicant would place up too approximately 4,576 cy of concrete to construct two (2) gated box culverts constructed side by side of each other.  Each box culvert can convey approximately 600 cubic feet per second (cfs) of water east and west between the S-334 structure and S-333 structure, respectively.

5. Construct two (2) staff gauges located on the upstream side and downstream side of the proposed S-355 W gated spillway. The placement of the staff gauges would require the placement of riprap within the L-29 Levee as described and depicted in the applicant’s design.

AVOIDANCE AND MINIMIZATION INFORMATION – The S-355W Structure project will impact a portion of the L-29 Canal.  The applicant will be required to implement best management practices throughout the entire period of construction.   Additionally, turbidity monitoring will be conducted. 

COMPENSATORY MITIGATION – The applicant indicated that since wetlands or other special aquatic sites will not be impacted, compensatory mitigation is not required.

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 Corps has reviewed the effects of the proposed project on threatened or endangered species and their habitat, that may potentially occur in the project vicinity. The Corps has determined the proposed project may affect but is not likely to adversely affect the endangered Florida bonneted bat (Eumops floridanus), the endangered Florida panther (Puma concolor coryi), the threatened West Indian manatee (Trichechus manatus latirostris), the endangered Cape Sable seaside sparrow (Ammodramus maritimus mirabilis; CSSS), the proposed threatened Eastern black rail (Laterallus jamaicensis jamaicensis), the endangered Everglade snail kite (Rostrhamus sociabilis plumbeus; snail kite), the threatened wood stork (Mycteria americana), and the threatened Eastern indigo snake (Drymarchon corais couperi). The project would not adversely modify any species designated critical habitat.  The Corps will request concurrence from the U.S. Fish and Wildlife Service by separate letter.

ESSENTIAL FISH HABITAT (EFH): The site consists of the L-29 Canal which is a freshwater system and does not support habitat for marine fisheries pursuant to NMFS purview. The applicant has indicated that there would be no essential fish habitat proposed to be impacted by this activity.

Navigation: The effects to navigation were evaluated under the July 2014 Final EIS for CEPP and it was determined that the proposed action would not obstruct navigable waters of the United States.

SECTION 408: The proposed activity, would alter, occupy, use, or impact a Corps Civil Works project.  Therefore, the applicant may be required to request authorization under Section 14 of the Rivers and Harbors Act (33 USC 408).

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 United States Army Corps of Engineers Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410, within 15 days from the date of this notice.

The decision whether to issue or deny a permit based on this application will be based on the information received from this public notice and the evaluation of the proposed activities.

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, 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 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.

WATER QUALITY CERTIFICATION: Water Quality Certification would be required from the State of Florida Department of Environmental Protection.

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.

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