SAJ-2024-01184 (SP-NDF)

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:

WATERWAY AND LOCATION: The project would affect waters of the United States located on a linear stretch of land along Pembroke Road between SW 160^th Avenue (Dykes Road) and US-27. The project corridor spans Sections 22–26 of Township 51 South, Range 39 East, and Sections 19 and 20 of Township 51 South, Range 40 East, Pembroke Pines, Broward County, Florida.

Directions to the site are as follows: From Fort Lauderdale downtown head south on US-1 S toward E Broward Blvd. Keep left to stay on US-1 S. Slight right to merge onto I-595 W toward I-95/Florida's Turnpike. Follow I-595 W and I-75 S to FL-820 E/Pines Blvd in Pembroke Pines. Take exit 9A from I-75 S. Merge onto I-595 W. Continue onto I-595 W. Take the exit toward I-75 S/Miami. Merge onto I-75 S. Take exit 9A for Pines Blvd/FL-820 E. Continue on FL-820 E/Pines Blvd. Take SW 145th Ave to Pembroke Rd. Use any lane to turn right onto FL-820 E/Pines Blvd. Turn right onto SW 145th Ave. Continue straight to stay on SW 145th Ave. Turn right onto Pembroke Rd. The project site extends along Pembroke Road until US-27.

PROJECT PURPOSE:  Basic: The basic project purpose is transportation.

Overall: The overall project purpose is transportation along Pembroke Pine Road in Broward County, Florida.

PROJECT HISTORY: The proposed project is associated with two previous Department of the Army (DA) permits issued on March 17, 2008 under SAJ-2006-06056 and November 1, 2013 under SAJ-2010-00087 respectively. The 2006 DA permit authorized discharge of fill material into 1.87 acres of wetlands for the construction of an emergency access road located between Silver Shores Blvd and SW 160 Avenue. The 2013 DA permit authorized the discharge of fill material in approximately 8.21 acres of wetlands for the construction a thoroughfare. The 2006 established what is now known as Pembroke Road. The 2010 permit, situated north of the original 2006 site and also part of Pembroke Road, created a vital link across I-75. The current proposal extends Pembroke Road from the 2006 permitted section to US-27, creating a continuous east-west route in southwest Broward County.

EXISTING CONDITIONS: The immediate environmental setting for the proposed project area includes suburban residential and industrial developments (Segments A and C) and large sections of rural undeveloped land and freshwater marshes associated with the Everglades ecosystem (Segments B and C). The proposed project is isolated from the easternmost edge of the Everglades Francis S. Taylor Wildlife Management Area by US-27 and the SFWMD ditch, levee, and canal system associated with the SFWMD C-9/US-27 and L-33 canals. The South Broward Drainage District (SBDD) C-7 and C-8 canals (oriented north-south) intersect Segment B.  Data from the US Department of Agriculture Natural Resource Conservation Service note frequently Flooded Dania and Lauderhill Muck over residuum weathered from limestone. Elevations range from two (2) to eight (8) feet above mean sea level. Soil drainage consists of very poorly drained muck overlying fine sand and shallow limestone bedrock.  

All wetlands and uplands were mapped using the Florida Land Use, Cover, and Forms Classification System (FLUCCS; FDOT 1999). The majority of wetlands within the project area are located in the western portions along Segments B and C. These freshwater wetlands have experienced varying levels of disturbance due to localized ditching, drainage activities, and nearby development. Wetlands within Segment B Right-of-Way (ROW) are generally hydrologically connected to high-quality wetlands, some of which are protected under conservation easements.

Hydrologic connectivity between wetlands north and south of Pembroke Road, from US-27 to SW 208th Avenue, is maintained by three existing cross-drain culverts, which will be extended as part of the project to preserve connectivity. An edge effect is evident along Pembroke Road in Segment B, where areas of exotic and nuisance vegetation adjacent to the roadway transition to higher-quality wetlands.

Wetland Habitat Descriptions: Wetlands within the project area include freshwater marsh, sawgrass marsh, and wet prairie, classified using FLUCCS, 1999. Six distinct wetland assessment areas were identified and labeled WL-1 through WL-6. Detailed descriptions of each wetland type are provided below:

• Freshwater Marsh (FLUCCS Code 6410): Freshwater marsh is prevalent in the western half the Segment B ROW from US-27 to the Reuter Recycling Facility (WL-1 and WL-2). Additionally, a small area of freshwater marsh is within Segment A ROW from SW 184th Avenue to SW 178th Avenue (WL-6). Dominant wetland vegetation within Segment B included spikerush (Eleocharis spp.), Rosy camphorweed (Pluchea baccharis), duck potato (Sagittaria latifolia), saw palmetto (Serenoa repens), cattail (Typha domingensis), spadeleaf (Centrella asiatica), wax myrtle (Morella cerifera) and coco plum (Chrysobalanus icaco). Exotic/invasive melaleuca (Melaleuca quinquenervia) and Australian pine (Casuarina equisetifolia) saplings are also present. Dominant wetland vegetation with Segment A includes coco plum, pond apple (Annona glabra), sawgrass (Cladium jamaicensis), spadeleaf, salt bush (Atriplex pentandra), shield fern (Thelypteris spp.), wax myrtle, and duck potato. Few bald cypress (Taxodium distichum), red maple (Acer rubrum), and invasive Brazilian pepper (Schinus terebinthifolia) are adjacent to Segment A.

• Sawgrass Marsh (FLUCCS Code 6411): Remnant sawgrass marsh is present within undeveloped portions of the Segment B ROW between the Reuter Recycling Facility and SW 196th Avenue (WL-3 and WL-5). These wetlands are densely forested with invasive melaleuca (WL-3) or Australian pine (WL-5) and no longer exhibit characteristics consistent with sawgrass marsh ecosystems. WL-3 is dominated by melaleuca with few Australian pines and swamp bays (Persea palustris) intermixed. Sawgrass, coco plum, royal fern (Osmunda regalis), swamp fern (Thelypteris spp.), and invasive boatlily (Tradescantia spathacea) dominate the understory. WL-5 is dominated by Australian pine and exhibits a sparse understory of sawgrass and dahoon holly (Ilex cassine var. cassine). However, leaf litter suppresses or eliminates most understory vegetation.

• Wet Prairies (FLUCCS Code 6430): Wet prairie is prevalent in the eastern portions of Segment B (WL-4). The plant community consists of duck potato, shield fern, spike rush, coco plum, panic grass (Panicum spp.), pond apple, wax myrtle, dogfennel (Eupatorium capillifolium), St. John’s wort (Hypercium tetrapetalum), and umbrella sedge (Fuirena spp.) with few Australian pine and melaleuca saplings.

• Other Surface Waters (OSW): The SBDD C-7 and C-8 Canals intersect Segment B. Canal banks are relatively steep and are generally vegetated with grasses that are mowed at the tops of the banks. These canals are part of SBDD Basin S-5, an interconnected lake and canal system that conveys stormwater from the drainage basin south to the SFWMD C-9 Canal. Additionally, portions of the US-27 stormwater system are within the project limits at the western terminus.

PROPOSED WORK:  The applicant seeks authorization to discharge 98,651 cubic yards of fill material into 18.95 acres of wetlands and 4.42 acres of surface waters for the extension and widening of Pembroke Road and expansion of Miramar Parkway. The project would also result in 10.14 acres of indirect wetland impacts. The proposal includes work in three segments:

• Segment would widen approximately 2.9 miles of Pembroke Road from SW 160th Avenue (Dykes Road) to SW 196th Avenue. The final configuration would include widening from a two-lane to a four-lane divided roadway with median, landscaping, irrigation, lighting, drainage, shared use path, noise wall, traffic signal design, and pavement marking signage.

• Segment B would expand of Pembroke Road from SW 196th Avenue to US-27 and would include a new four-lane divided roadway with median, two 72-inch culverts over SBDD Canals #7 and #8, at SW 196th Avenue and SW 208th Avenue, landscaping, irrigation, lighting, drainage, shared use path, pavement marking and signage, and traffic signal design.

• Segment C would extend Miramar Parkway from SW 192nd Terrace to Pembroke Road. This would include a new two-lane undivided roadway with median, landscaping, irrigation, lighting, drainage, shared use path, privacy walls, pavement marking, and signage.

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 applicant has submitted the following information for avoidance and minimization:  

• “The project will primarily utilize existing roadway corridors to connect Pembroke Road to US-27, and completely avoiding wetland impacts is not feasible. Although impacts are expected, avoidance and minimization measures have been incorporated into the project wherever possible. Measures to reduce impacts include:
•  A drainage system designed to treat stormwater runoff prior to discharge to adjacent wetlands and surface waters per South Florida Water Management District (SFWMD) criteria. Currently, the existing roadway segment (Segment B) between US 27 and the Reuter Recycling Facility (east of SW 208th Ave.) provides no treatment and discharges untreated water into adjacent SFWMD-owned lands (wetlands).
• Treated stormwater will be discharged to adjacent wetlands (Segments B and C). Discharge velocities will meet SFWMD criteria (2 ft./sec.).
• Hydrologic connection between the existing SFWMD-owned wetlands west of SW 208th Avenue will be maintained via existing cross drains.
• Hydrologic connection between wetlands north and south of the proposed Segment B alignment will be maintained by installing new cross-drain culverts.
• A geotextile grid will be used in Segment A to avoid de-mucking and reduce impacts.
• The proposed lighting is downcast and will include light shields to reduce lighting adjacent habitats/wetlands that could negatively impact protected species.
• The shared use path has been made contiguous with the road for portions of Segment A to avoid impacts to adjacent wetlands/mitigation areas.
•  A formerly proposed shared-use path along the north side of Pembroke Road within Segment B has been eliminated to accommodate a dry retention swale that will provide additional water quality treatment.
•  Approximately 7.9 acres of exotic vegetation (melaleuca and Australian pine) will be removed within the ROW, eliminating a seed source for adjacent wetlands.”

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant has provided the following information regarding compensatory mitigation.

“All wetland impacts within the project area are proposed to be offset through the purchase of 16.2 freshwater herbaceous credits from the Bluefield Ranch Mitigation Bank (BRMB). BRMB was selected as the mitigation bank due to its proximity to the project site, availability of credits, similarity of wetland communities, and provision of wood stork foraging habitat.”

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.

Florida Panther (Puma (=Felis) concolor coryi): The Corps is evaluating potential effects of the proposal on the Florida Panther and will request initiation of consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.

Everglade Snail Kite (Rostrhamus sociabilis plumbeus), The proposed project is located within the Everglades snail kite consultation area. The Corps is evaluating potential effects of the proposal on the Florida Bonneted Bat and will request initiation of consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.

Eastern Indigo Snake (Drymarchon couperi): Based upon review of the South Florida Eastern Indigo Snake Key dated 1 August 2017, the proposed project resulted in the following sequential determination: A > B > C > D > E and result in a “Not likely to adversely affect” the Eastern indigo snake. This determination is based on the project not being located in open water, the applicant adhering to the “Standard Protection Measures for the Eastern Indigo Snake and the absence of gopher tortoise, holes, and refugia within the work area where a snake could be buried or trapped and injured during project activities.

Wood Stork (Mycteria americana): Based upon review of the Wood Stork Key for South Florida dated May 18, 2010, the proposed project resulted in the following sequential determination: A > B > C > E =“Not likely to adversely affect” the wood stork. This determination is based on the project not being located within 2,500 feet of an active colony site; impacts to suitable foraging habitat (SFH) will be greater than 0.5 acre, project impacts to SFH within the Core Foraging Area of a colony site, Project provides SFH compensation in accordance with the Clean Water Act section 404(b)(1) guidelines and is not contrary to the Habitat Management Guidelines; habitat compensation is within the appropriate CFA or within the service area of a Service-approved mitigation bank.

West Indian Manatee (Trichechus manatus):  Based upon review of the Corps of Engineers, Jacksonville District and the State of Florida Effect Determination Key for the Manatee in Florida dated April 2013, the proposed project resulted in the following sequential determination: A > no effect. This determination is based on the project not being located in an area accessible to manatees.

Tricolored Bat (Perimyotis subflavus): The Corps has determined the proposed project may affect but is not likely to adversely affect the tricolored bat. This species is not currently listed but is proposed federally endangered. The Corps will work with the applicant to determine whether the project would be complete prior to any listing, whether the applicant would conduct consultation with the U.S. Fish and Wildlife Service to request concurrence with this determination pursuant to Section 10 of the Endangered Species Act, or whether they would like the Corps to conduct consultation with the U.S. Fish and Wildlife Service to request concurrence with this determination pursuant to Section 7 of the Endangered Species Ac

Eastern Black Rail (Laterallus jamaicensis ssp. jamaicensis): Information provided by the applicant indicate that the site provides potential habitat for the eastern black rail. Call and response surveys were completed within the project area. No eastern black rails were detected visually or audibly during the survey. For this reason, the Corps has determined the proposed project would have no effect on the eastern black rail.

The Corps has determined that the project would have no effect on the Southeastern Beach Mouse (Peromyscus polionotus niveiventris), American Crocodile (Crocodylus acutus), West Indian Manatee (Trichechus manatus), Green Sea Turtle (Chelonia mydas), Hawksbill Sea Turtle (Eretmochelys imbricata), Leatherback Sea Turtle (Dermochelys coriacea), Miami Blue Butterfly (Cyclargus thomasi bethunebakeri), Monarch butterfly (Danaus plexippus), Beach Jacquemontia (Jacquemontia reclinata), Tiny polygala (Polygala smallii). These species’ ranges do not include this area or habitat to support these species on site. Therefore, routes to effects for these species were not reviewed.

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. The proposal is located upstream of any EFH. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region.  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 activity is not located in the vicinity of a federal navigation channel.

SECTION 408: The applicant may require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, may 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 at the above letterhead address, or by email at Nicole.D.Fresard@usace.army.mil 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, Nicole D. Fresard, in writing at the at the above letterhead address; by electronic mail at Nicole.D.Fresard@usace.army.mil or, by telephone at (801) 295-8380 Extension 8321. 

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 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 SFWMD.

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.

CLICK HERE for Public Notices and Graphics: /Portals/44/docs/regulatory/Public Notices/2025 01 January/West Branch/20250123-SAJ-2024-01184-BROWARD-0213-NDF.pdf?ver=opTXUJH0ES4UtWbjCLUotw%3d%3d