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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT:
South Florida Water Management District (SFWMD)
c/o Drew Bartlett
3301 Gun Club Road
West Palm Beach, Florida 33406
rhopper@sfwmd.gov
WATERWAY AND LOCATION:
The proposed project is located within waters of the United States (WOTUS) within the L-5 Remnant Canal (L5R) and right-of-way, located approximately 250-feet east of the existing L5R earthen plug located on the western end of the Canal, and south of the Griffin Rock Pits in Section 27, Township 47 South, and Range 37 East in Broward County, Florida. The proposed project would affect waters of the United States (U.S.) associated with the L-5 Remnant Canal (L5R) in the Hillsboro Canal-Bolles Canal sub-watershed, Hydrologic Units Code 030902020200 in Section 23, Township 47 South, Range 37 East, in Broward County, Florida.
Directions to the site are as follows: Take I-95 South to exit 41 towards SW 10th St and turn right. SW 10th ST will merge into FL-869 S/Sawgrass Expy for approximately 20 miles then head North on I-75 N for Naples. Stay on I-75 towards Naples for approximately 5.8 miles to exit 23 towards US-27N. Head North on US-27N for approximately 15.3 miles then turn right after the L-5 Canal and head west. Follow the road for approximately 6 miles to the proposed project site. The proposed project is located west of US 27 in rural southwest Broward County in the L-5 Remnant Canal.
APPROXIMATE CENTRAL COORDINATES:
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Location
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Latitude
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Longitude
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S-622
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26.3332598°
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- 80.6330488°
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PROJECT PURPOSE:
Basic: Flood Risk Management (FRM)
Overall: Flood Risk Management within the L5 Remnant Canal.
ADMINISTRATIVE HISTORY: In 1948, congress authorized the Central & South Florida Project (C&SF), a network of more than approximately 2,200 miles of canals; 2,100 miles of berms/levees; 84 pump stations; and 778 water control structures, respectively, led by the U.S. Army Corps of Engineers (Corps) with support from the State of Florida, to provide flood risk management, and water supply to the urban and agricultural areas of Central and South Florida. Water control projects like this, altered the natural flows and hydroperiods across Central and South Florida causing severe degradation to environmental conditions including water quality concerns.
In 2000 congress approved the Comprehensive Everglades Restoration Plan (CERP), a Federal and State partnership sought to identify project needs at a regional and/or watershed level. CERP authorized multiple project activities with the intent to increase water supply and water quality downstream to the Florida Everglades, Water Conservation Area 3A (WCA-3A), and Biscayne Bay. In 2011, in partnership with the State of Florida, Congress authorized broader components to the CERP umbrella including the Central Everglades Planning Project (CEPP) North and South; Indian River Lagoon – South; and Western Everglades Restoration Project WERP), with the intent to reverse the aquatic impacts resulting from construction of the Central & South Florida Project of the 1950’s.
The S-622 is a project component authorized by the Chief of Engineers via the Chief’s Project Initiation Report and Environmental Impact Statement (PIR/EIS) for Central and South Florida, Everglades Agricultural Area (EAA), Florida, dated July 2014.
EXISTING CONDITIONS: The South Florida Water Management District (applicant) is the non-federal local sponsor tasked with project support to the Federal Government. The applicant operates and maintains the L5R Canal to convey water from Stormwater Treatment Areas (STA) 2 and STA 3/4 downstream to WCA-3A, the Everglades National Park, and out to the tidal waters. The applicant has submitted a separate project application to the Corps to complete canal conveyance work along the L5R Canal to the east of the work area described in this Public Notice (PN). A PN for that project was issued on approximately 08 August 2024 and is currently being reviewed by the Corps (please refer to DA Permit SAJ-2024-04196).
Per the Florida Natural Areas Inventory (FNAI), the wetlands identified within the project scope historically included wetlands defined as Glades Marshes. This specific type of wetland system consists of freshwater, non-forested habitats. Glade Marshes are primarily herbaceous wetlands, found in South Florida, especially in the Everglades basin, and occur in broad shallow channels or depressions over a substrate of peat or marl that directly overlies limestone. Common wetland vegetation found within the project area includes sawgrass (Cladium jamaicense), cattail (Typha latifolia), Gulf Coast spikerush (Eleocharis cellulosa), arrowhead (Sagittaria lancifolia), and pickerelweed (Pontederia cordata).
The geologic conditions on-site consist of predominately of shallow muck deposits including Lauderhill Muck (51%); Pahokee Muck (14%); and Shark Valley Muck (13%), with limestone deposits under the shallow muck layer. The applicant has also observed limestone strata deposits at shallow depths throughout the project site.
The existing area surrounding the project area consists of adjacent freshwater herbaceous wetlands to the north, east and south and to the west if the North New River Canal, U.S. 27, Stormwater Treatment Area (STA) 3/4 and Water Conservation Area 3A.
PROPOSED WORK: The applicant seeks authorization to place approximately 84,462 cy of construction material to include Type B Riprap, base course, concrete, and sheet piling, along approximately 0.12 acres along the L5R Canal and approximately 4.57 acres of wetlands directly adjacent to the Canal, to construct a three (3) gate box culvert structure along the L5R Canal, with a maximum flow capacity of approximately 500 cubic feet per second (cfs). The project is not anticipating excess material, however, but if there is any, the applicant would dispose of this material at the proposed Dredge Material Management Area (DMMA) and stockpile area that is part of the L5R Canal conveyance project being reviewed for construction under DA Permit SAJ-2024-04196.
This structure would help manage flows west between the L5R and the L-5 Canal.
The project would also require construction of a control room and an emergency generator building, an underground liquid propane gas storage system, upstream and downstream stilling wells, a boat ramp, and two (2) staff gauges.
The proposed project is expected to permanently impact approximately 4.57 acres of herbaceous freshwater wetlands located directly adjacent to the L5R Canal. The applicant would be required to provide all applicable operational, safety, and quality assurance plans. The Corps will review the applicant’s submitted plans and specifications accordingly.
AVOIDANCE AND MINIMIZATION INFORMATION – The S-622 project will directly impact a small portion of the L-5 Remnant Canal. Avoidance and minimization efforts for the S-622 structure were identified in the PIR/EIS, dated 2014. The applicant will be required to implement best management practices throughout the entire period of construction. Additionally, turbidity monitoring will be conducted. Any proposed alternatives will be reviewed by the Corps and consulted across multiple agencies if deemed necessary.
COMPENSATORY MITIGATION – The applicant has proposed impacts to approximately 4.57 acres of wetlands directly adjacent to the L5R Canal. The applicant completed value assessments of the aquatic environment using the Uniform Mitigation Assessment Method (UMAM). As a result, the applicant has proposed compensatory mitigation to offset these impacts. The applicant has proposed to offset the impacts with hydrologic enhancement to approximately 58.07 acres of northwest Water Conservation Area 3A (WCA-3A). The applicant has proposed comparable mitigation on similar projects and has indicated that the aquatic benefits would include regional hydrology, wetland function, and would result in a net increase in aquatic resource function to the proposed area. The applicant would be required to implement best management practices (BMP's) and monitor for the enhancement benefits being proposed.
The Corps will continue to evaluate the information provided by the applicant to finalize a compensatory framework that both complies with intent of the project while meeting the federal regulatory burden as identified in 33 Code of Federal Regulation (CFR).
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 following threatened or endangered species and the affects the proposed project may have. The Corps has determined the proposed project may affect but is not likely to adversely affect the eastern black rail (Laterallus jamaicensis ssp. jamaicensis); Eastern indigo snake (Drymarchon corais couperi); Everglade snail kite (Rostrhamus sociabilis plumbeus); Florida Bonneted Bat (Eumops floridanus); and the Florida Panther (Puma Felis) concolor-coryi); the proposed Tricolored bat (Perimyotis subflavus); and the wood stork (Mycteria americana). The proposed project would also affect not likely adversely affect critical habitat for the Everglade snail kite. Consultation would be conducted via the evaluation process for SAJ-2024-01496. The applicant has indicated that the proposed project is not likely to destroy or adversely modify any other designated critical habitat. The Corps will consult with the U.S. Fish and Wildlife Service regarding the determinations 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. However, the site consists of the L-5 and L-5 Remnant canals 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. 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 effects to navigation were evaluated in the 2014 CEPP Final Project Implementation Report (PIR)/Environmental Impact Statement (EIS) that was subsequently authorized in 2016, and it was determined that the proposed action would not obstruct navigable waters of the United States.
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, 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 within 15 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 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. 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 Poland, in writing at the United States Army Corps of Engineers Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410 or by electronic mail at Ryan.J.Poland@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.
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 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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