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: South Florida Regional Transportation Authority (SFRTA) c/o David Dech
801 Northwest 33RD Street Pompano Beach, Florida 33064
WATERWAY AND LOCATION: The project would affect waters of the United States associated with tidal wetlands adjacent to a man-made canal adjacent to North Congress Avenue, in Section 06, Township 43 South, Range 43 East, Riviera Beach, Palm Beach County, Florida. The project site is located along the South Florida Regional Connector between mile post 964.9 on the north end and milepost 965.9 on the south end. The length of the proposed project is approximately 1.2 miles.
Directions to the site are as follows: From I-95 take CR 708 (Martin Luther King Boulevard) east to North Congress Avenue. Turn south on North Congress Avenue for approximately 1 mile to Cheney Way.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.766452°
Longitude -80.088167°
PROJECT PURPOSE:
Basic: The basic project purpose is to place suitable fill for the construction of a maintenance facility.
Overall: The overall project purpose is to place suitable fill for the construction of a maintenance facility for regional rail service in central Palm Beach County, Florida.
EXISTING CONDITIONS: The project site is approximately 1.2 miles in length and consists of an existing wetland and various surface water features adjacent to the project area. The C-17 Canal is located within the project boundary and has a defined
connection to the Atlantic Ocean, but it is not accessible to vessels west of the S-44 Water Control Structure. The C-17 Canal is regulated by South Florida Water Management District control structure S-44 and is managed through dredging and routine vegetation removal.
The wetland system located within the project boundary is approximately 0.14 acres and was determined to be dominated by non-native species with small patches of native vegetation within the interior of the wetland system in 2019 when the previous permit was issued. Properties adjacent to the project consist of commercial and industrial parcels.
A Department of the Army (DA) permit SAJ-2018-02065 (SP-KAE) dated July 16, 2019 authorized to place 9,635 cubic yards of fill within 0.55 acres of other surface waters and 0.14 acres of forested wetlands to construct a layover and maintenance facility for the South Florida Regional Transportation Authority, for a total of 0.69 acres of impacts. The upgrades will include service and inspection areas, a train wash, on-site fueling, a layover yard, parts and supplies storage, a new access drive from Dexter Way, walkways and vehicle access throughout the yard, landscaping, and on-site stormwater detention areas. To offset unavoidable wetland impacts to 0.14 acres of forested wetlands, the Permittee shall purchase 0.06 freshwater forested wetland credits from the Loxahatchee Mitigation Bank (SAJ-1997-07816). Compensatory mitigation for the proposed 0.55 acres of impacts to surface waters associated is not required.
PROPOSED WORK: The applicant seeks authorization to extend the expiration date of the permit for an additional five-years for the authorized work still needing to commence and be completed.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
“Wetland and surface water impacts have been avoided and minimized to the greatest extent possible. All of the wetland W-1 (0.14 acres) is proposed to be impacted by the project. W-1 is within a proposed dry detention area within the Service and Inspection area. Due to the relocation of the mainline tracks and the additional width of the multiple yard tracks, impacts to this wetland are unavoidable.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: “Compensatory mitigation for unavoidable wetland impacts may be provided by the Loxahatchee Mitigation Bank. Compensatory mitigation for the proposed 0.55 acres of impacts to surface waters associated with stormwater management systems is not proposed. Surface water impacts typically do not require compensatory mitigation.” The Corps is currently determining the loss of wetland function and value using the Modified Wetland Rapid Assessment Process (MWRAP).
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CULTURAL RESOURCES: The Corps is aware of recorded historic resources or properties 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 Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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 at the address in the letterhead above 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, Destiny Sparks, in writing at the Palm Beach Gardens Permits Section at the address in the letterhead above; by electronic mail at destiny.l.sparks@usace.army.mil; or, by telephone at 561-386-4035.
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.
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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: Water Quality Certification may be required from the Florida Department of Environmental Protection and/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.
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