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.
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 Jesse.M.Rice@usace.army.mil.
APPLICANT: Gulfstream Natural Gas Systems, LLC
Attn: Jess McClean
2800 Post Oak Boulevard, Level 11
Houston, Texas 77056
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Bonnet Creek. The project site is located north of East Bombing Range Road in Section 4 of Township 33 South, Range 29 East, near the city of Avon Park, Highlands County, Florida.
Directions to the site are as follows: From the Intersection of US Hwy 27 South and County Road (CR) 17A West in Avon Park: Proceed west on CR-17A West for 1.9 miles; Continue west on East Old Bombing Range Road for 1.1 miles; Turn left/north onto East Bombing Range Road/Ward Road for approximately 3.1 miles; At the Quality Turf signs, Turn left/north onto North Fogle Drive.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.64476
Longitude -81.43128
PROJECT PURPOSE:
Basic: The basic project purpose is maintenance.
Overall: The overall project purpose is to stabilize Bonnet Creek and restore the protective covering over a natural gas pipeline which has become exposed by erosion.
EXISTING CONDITIONS: The 4.91-acre project area is located within Bonnet Creek where it intersects s a maintained right-of-way (ROW) for the applicant’s Line 500 natural gas pipeline. Aquatic resources within the project area consist of 161 linear feet (0.338 acre) of Bonnet Creek, which is composed of 0.1 acre of freshwater emergent and shrub wetlands and 0.238 acre of perennial stream. The area south of Bonnet Creek (where staging and access would occur) consists of a large sod farm and a low density residential area. Undeveloped areas consist of live oak (Quercus virginiana), wax myrtle (Myrica cerifera), saw palmetto (Serenoa repens), caesarweed (Urena lobata), dayflower (Commelina diffusa), fireweed (Erechtites heraciifolius), and yellow thistle (Cirsium horridulum). To the north of Bonnett Creek lies an extensive area of forested wetlands that have been partially cleared; as a result, much of the vegetation in the wetlands and ROW is composed of invasive primrose willow (Ludwigia peruviana) and paragrass (Urochloa mutica). These wetlands extend to the northeast to the southern boundary of the Arbuckle Wildlife Management Area (AWMA) which is approximately 0.15 mile away from the project site. The AWMA, which is managed by the Florida Fish and Wildlife Commission, is part of the Lake Wales Ridge State Forest and was purchased to protect rare plant and animal species.
Bonnet Creek was previously located approximately 100 feet to the north and completely within the wetlands described above. However, between 2014 and 2017, Bonnet Creek migrated to the south to its present location. The ultimate cause of this migration is not known, but upstream and downstream activities associated with mining operations, agricultural operations, and land and waterbody alterations have likely contributed to the instability observed in Bonnet Creek. As a result of the migration, the creek’s channel has straightened east of the pipeline right of way and down-cut, exposing the applicant’s pipeline.
PROPOSED WORK: Due to head cutting, erosion, and the lateral movement of Bonnet Creek's channel, the soil cover over the applicant’s pipeline has diminished and approximately 38 feet of the pipeline has become exposed. To stabilize the site and protect the integrity of the existing pipeline, the applicant proposes to channelize Bonnet Creek and restore the protective cover over the pipeline using a combination of articulating concrete revetment mattresses (ACMs), riprap rock and soil materials (see attached figures). To complete the work, the applicant would dewater the project area by placing a dam upstream of the work area and pumping water downstream and around the work area. Once the site is dewatered, the channel would be filled and graded, resulting in a straightened channel with banks at a slope between 1.5:1 to 2:1. Geotextile material would be placed on top of the finished grade along with the ACMs and riprap which would match the update and downstream bed elevations. A riprap grade control structure would be placed subgrade downstream of the ACMs to prevent head cuts from moving upstream towards the pipeline. Once the work is completed, all disturbed areas would be restored and seeded with a native seed mix. The proposed work would occur over 2-3 weeks, ideally during the dry season (spring) when water levels are typically lower. All access and staging would occur south of the creek in upland areas that are previously disturbed (existing roads and sod farming areas). Proposed fill volumes and acres of permanent impact are shown below.
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 Gulfstream Bonnet Creek Maintenance Armoring Project has avoided and minimized impacts to Bonnet Creek and adjacent wetlands to the greatest extent practicable. Consequently, the Project will result in minimal permanent impacts: 0.159 acres to Bonnet Creek and 0.007 acres to adjacent wetlands, with 0.054 acres of creek channel alteration impacts. Additionally, temporary impacts will include 0.025 acres to Bonnet Creek and 0.092 acres to adjacent wetlands due to the necessary workspace for construction activities. The Project has been designed not only to minimize impacts to Bonnet Creek and adjacent wetlands but also to incorporate an ACM and riprap system built to avoid future system failures. This system aims to reduce the likelihood of future erosion and system failure at the pipeline crossing, thereby preventing any future maintenance and operational issues and eliminating potential future creek and wetland impacts.
Best Management Practices (silt fence, etc.) will be installed and implemented prior to and during the proposed construction activity to minimize the potential to contribute to violations of water quality standards or adverse impacts to the functions of Bonnet Creek and the adjacent wetlands.
For proper inspection of the pipeline and construction of the Project, the site will need to be dewatered so work can be done “in the dry.” The site will be dewatered using a dam and pump-around system. Any sediment laden water from the work area will be removed and pumped through a sediment filter bag to be released to the stream downstream of the project.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To offset unavoidable impacts to Bonnet Creek and adjacent wetlands resulting from the proposed pipeline maintenance project, Gulfstream proposes to purchase mitigation credits from the Lake Istokpoga Mitigation Bank, which was approved under USACE Permit No. SAJ-2019-04543. A Uniform Mitigation Assessment Method (UMAM) analysis evaluated the functional loss of these unavoidable impacts and determined the necessary mitigation credits. Gulfstream proposes to purchase 0.10 State and Federal Herbaceous Wetland Credits to offset the impacts associated with the Proposed Project.
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 would have may affect but is not likely to adversely affect the following species: the Wood Stork using the 2010 determination key for south Florida (A>B); the Florida bonneted bat using the 2019 determination key (1a>2b>13a>14b): the tricolored bat using the IPaC determination key (Project Code 2025-0056929); and the eastern indigo snake using the 2017 south Florida determination key (A>B>C>D). No further consultation is necessary.
The Corps has determined the proposal would have no effect on the Florida panther (A>B>No Effect) using the 2007 effects determination key. The Corps has also determined that the proposed project would have no effect on the Florida scrub-jay, eastern black rail, everglade snail kite, crested caracara, blue-tailed mole skink, sand skink, Avon Park harebells, Brittons beargrass, Carter’s mustard, Florida ziziphus, Garrett’s mint, highlands scrub hypericum, Lewton’s polygala, papery whitlow wort, pigeon wings, pygmy fringe-tree, sandlace, scrub blazingstar, scrub mint, short-leaved rosemary, snakeroot, wireweed, Florida perforate cladonia, or any proposed or designated critical habitat.
ESSENTIAL FISH HABITAT (EFH): This notice does not include consultation with the National Marine Fisheries Service on EFH, as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996, as the project area is inland and not in the vicinity of waters that can provide such habitat.
NAVIGATION: The proposed activity is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not 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 Los Angeles District (on behalf of the Tampa Permits Section) to Jesse Rice, 3636 North Central Avenue, Suite 900, Phoenix, Arizona 85012.
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, Jesse Rice, in writing at the Los Angeles District (on behalf of the Tampa Permits Section, 3636 North Central Avenue, Suite 900, Phoenix, Arizona 85012; by electronic mail at Jesse.M.Rice@usace.army.mil; or by telephone at (602) 230-6854.
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 or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972.
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 is required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 0449564-003.
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP. 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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