SAJ-2024-04176 (AMB)

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). The purpose of this public notice is to solicit comments from the public regarding the work 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 abigail.m.bobbette@usace.army.mil.

WATERWAY AND LOCATION: The project would affect aquatic resources associated with Indian Trail Improvement District M-1 Canal. The project site is located at along approximately 1-mile of Northlake Boulevard from east of Hall Boulevard to west of Coconut Boulevard; at latitude 26.81207 and longitude –80.26421; in Palm Beach Gardens, Palm Beach County, Florida.

Directions to the site are as follows: Head south toward Randolf Way - 250 ft; continue to Randolf Way - 0.1 mile; turn right onto Johnson Dairy Rd - 340 ft; turn left onto North Military Trail -1.8 miles; turn right onto North Lake Boulevard -7.5 miles.

EXISTING CONDITIONS: The project corridor consists primarily of undeveloped parcels and urban development including residential development. The project area is within12-digit HUC: 030902060700.

Four vegetation communities within the wetlands in accordance with the Florida Land Use, Cover and Forms Classification System (FLUCCS), identified below:

Palustrine forested wetland (FLUCFS 6250 – Forested Wetland): This characterizes the majority of the wetlands on site. These wetlands are dominated by a canopy of slash pine (Pinus elliottii) and melaleuca (Melaleuca quinquenervia) with an understory of coco plum (Chrysobalanus icaco), wax myrtle (Morella cerifera), Carolina willow (Salix caroliniana), blue maindencane (Amphicarpum muehlenbergianum), starrush (Rhynchospora colorata), arrowhead (Sagittaria latifolia), and torpedo grass (Panicum repens). Hydrology was evident on most of the systems as either standing water or adventitious rooting. Disturbances to this system include edge effects associated with the roadway and a high percentage of nuisance/exotic vegetation.

Palustrine Emergent Marsh (PEM) (FLUCFCS Code: 6410 – Herbaceous Marsh Wetland): This characterizes two wetlands near the western end of the project. These herbaceous systems with an edge comprised of occasional melaleuca. This system is dominated by maidencane (Panicum hemitomon), arrowhead, and pickerelweed (Pontederia cordata) with occasional primrose willow (Ludwigia peruviana), Carolina willow, and buttonbush (Cephalanthus occidentalis). Hydrology was evident on most of the systems as either standing water or adventitious rooting. Disturbances to this system include edge effects associated with the roadway and a moderate percentage of nuisance/exotic vegetation.

Palustrine Shrub (PSS) (FLUCFCS Code: 6310 – Shrub Wetland): This characterizes one wetland located on the southside of Northlake Boulevard along the eastern half of the project. This system is an isolated, dominated by a canopy of slash pine and melaleuca with an understory of coco plum, wax myrtle, myrsine (Myrsine cubana), saw palmetto (Serenoa repens), Boston fern (Nephrolepis exaltata), Carolina willow, starrush, arrowhead, and torpedo grass (Panicum repens). Hydrology was evident on most of the systems as either standing water or adventitious rooting. Disturbances to this system include edge effects associated with the roadway and a high percentage of nuisance/exotic vegetation.

Palustrine Forested (PFO) (FLUCFCS Code: 6250 – Forested Wetland & 6410 – Freshwater Marsh): These characterize two wetlands located on the southside of Northlake Boulevard along the central portion of the project. These wetlands are dominated by a canopy of slash pine and melaleuca with an understory of coco plum, wax myrtle, Carolina willow, blue maidencane, starrush, arrowhead, and torpedo grass. Portions of these wetland are herbaceous within these forested areas. These wetlands will be developed into stormwater ponds for the project. Hydrology was evident on most of the systems as either standing water or adventitious rooting. Disturbances to this system include edge effects associated with the roadway and a high percentage of nuisance/exotic vegetation.

PROJECT PURPOSE:  Basic:  County Transportation Project

Overall:  The applicant’s stated purpose is to widen an existing road to provide additional capacity for future traffic needs as a result of population and employment growth in the area.

PROPOSED WORK:  The applicant requests authorization to discharge fill into approximately 23 acres of wetland for the purpose of widening the existing Northlake Boulevard and associated storm water management system. The road is proposed to be widened from a 2-lane undivided to 4-lane divided roadway with 7' buffered bike lanes from east of Hall Boulevard to 140th Avenue N, and to widened from a existing 2-lane undivided to 6-lane divided roadway with 7' bike lanes from 140th A venue N to west of Coconut Boulevard. The proposed project would also construct two stormwater ponds.

The applicant has not provided alternatives information since the roadway was initially designed and permitted as a 2 lane with the future expansion to a 4 lane within the 100’ Right of Way in the future. Changes made during design have resulted in designing & constructing a 4 lane section in the west half of the project and a 6 lane section in the east half to assist with the traffic associated with the Avenair Development. At the time of permitting it was understood the future expansion would result in unavoidable wetland impacts, “At the time of conceptual and/or construction application for the widening of the road, the permittee must address any wetland impacts and provide mitigation as required by District criteria in effect at that time.”

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  To mitigate for the wetland impacts, the permittee will use Advanced Permittee Responsible Mitigation Site (APRMS), Pine Glades West Mitigation Area, created by Palm Beach County. The amount of proposed compensatory mitigation was determined using the Uniform Mitigation Assessment Method (UMAM). The proposed project would impact approximately 23 acres of wetland and other surface waters. The applicant will utilize 12.8 mitigation units (2.740 herbaceous and 10.060 for forested) from the APRMS.

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, federally recognized tribes and other interested parties.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area to be identified in the final permit.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

NAVIGATION: The proposed structure or 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 of 1899 (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification is required from the Southwest Florida Water Management District and was issued on January 23, 2025 (ERP N. 50-110107-P).

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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.

COMMENTS: 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until May 21, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Abigail Bobbette at Abigail.m.bobbette@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Abigail Bobbette, 1325 J Street, Room 860, Sacramento, California 95814, Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

CLICK HERE for Public Notice and Graphics: /Portals/44/docs/regulatory/Public Notices/20250430-SAJ-2024-04176-PalmBeach-0521-AMB.pdf?ver=g4Xg8AY6haIJNTCQtBoIhA%3d%3d