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.
If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at Kaitlyn.M.Mallett@usace.army.mil
APPLICANT: Palm Beach County Engineering and Public Works
– Roadway Production c/o Kathleen Farrell
2300 N Jog Road
West Palm Beach, FL 33411
WATERWAY AND LOCATION: The project is located within waters of the United States (U.S.) associated within the L-13 Canal at County Road 880 at Sam Senter Road Bridge, in Section 03, Township 44 South, Range 38 East, Glades, Palm Beach County, Florida.
Directions to the site are as follows: From Florida’s Turnpike take exit 97 toward US-98/FL-80/Southern Blvd. After the exit, use the 2 left lanes to turn left onto Pike Rd., then use the right 2 lanes to turn right onto US-98/Southern Blvd, for 13.6 miles. Follow E Canal St South for 9.6 mile and then turn right onto Senter Rd, the destination will be on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.678436°
Longitude -80.538489°
PROJECT PURPOSE:
Basic: shoreline stabilization
Overall: Improve shoreline stabilization and erosion control for the L-13 canal system in Glades, Palm Beach County, Florida
EXISTING CONDITIONS: The project area consists of a two-lane roadway and bridge. The shoreline underneath and adjacent to the bridge consists of unconsolidated and natural material. There is no federal permitting history for the existing structures.
PROPOSED WORK: The applicant seeks authorization to improve shoreline stabilization for a bridge by the excavation of 33,976 square feet (4,366 cubic yards) of existing shoreline and canal bottom. The applicant also seeks authorization for the installation of 23,653 square feet (1,753 cubic yards) of riprap. The project also proposes to repair the bridge; however, any work associated with the bridge repair will need a separate authorization or be considered exempt by the U.S. Coast Guard (USCG).
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 proposed riprap is part of standard design requested by the South Florida Water Management District. Temporary erosion control turbidity barriers will be deployed during construction.
COMPENSATORY MITIGATION –The applicant has provided the following explanation why compensatory mitigation should not be required:
There will be no net loss of wetland, stream, and/or other aquatic resource functions and area. The are no wetlands within the project site and the project site does not contain significant habitat for wetland-dependent endangered or threatened wildlife species, or species of concern. There will be no net loss of opportunity for foraging of wading birds that may travel through the area since the existing slope of the Waters are too steep to provide a foraging area.
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 determined the proposed project may affect but is not likely to adversely affect the Florida Bonneted Bat (Eumops floridanus). The Corps has determined the proposal would have no effect on the Wood Stork (Mycteria americana). The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.
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 would impact approximately 0.78 acres of submerged substrate utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex associated with mud, shell, sand, and rock substrate and water column 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 within 30 days from the date of this notice. Comments should be submitted via the Regulatory Request System public notice module at https://rrs.usace.army.mil/rrs/public-notices. Alternatively, you may submit written comments through the Palm Beach Gardens Permits Section at the letterhead above.
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, Kaitlyn Mallett, in writing at the Palm Beach Gardens Permits Section at the letterhead address, by electronic mail at Kaitlyn.M.Mallett@usace.army.mil .
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 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.
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from South Florida Water Management District. 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.
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