SAJ-2025-00330(SP-RJP)

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/or Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403). 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 Ryan.j.Poland@usace.army.mil.

APPLICANT: Drew Bartlett

                      South Florida Water Management District

                      c/o Drew Bartlett

                      3301 Gun Club Road

                      West Palm Beach, Florida 33406

WATERWAY AND LOCATION: The project would affect aquatic resources associated with C-111 Canal right-of-way and the L-31W Canal and right-of-way in the C-111 South Dade Complex (SDC).  The site is approximately 5.5 miles south of Richmond Drive (SW 168th Street) in the Miami Metro Statistical Area (MSA); at latitude 25.548900° and longitude -80.563206°; in Section 19, Township 56 South, Range 38 East, in Miami-Dade County, Florida.

EXISTING CONDITIONS: The proposed project site is within the South Drainage Area (SDA) and North Drainage Area (NDA) respectively. Both areas are a part of the greater SDP, located in Miami-Dade County.  The SDA and NDA are man-made isolated constructed water management features that are designed to receive water through, underground seepage, pumped inflows or rainfall. The proposed project site is surrounded by various land use types that includes wetland hardwood forests; upland shrub and brushlands; streams and waterways; recreation; tree crops; croplands and pasturelands; nurseries and vineyards; and adjacent residential (low-density).

As described in Appendix B, pg. B-4 of the GRR/EA FONSI, 2020, the NDA and SDA functions in concurrence with other water control systems in the area. The project area is primarily contained within levees L-31N to the East and L-320 to the west, the 8.5 Square Mile Area deep detention wall located on the west side of the L-31N Canal and the SDP boundary, directly adjacent to the ENP. The levees impede direct surface water flow to and from the onsite wetland areas to offsite traditional Federal jurisdictional waters such as ENP to the east of L-31N Canal, via the outfall structure identified as S-332DX1. The structure is located on the south end of the SDA and consists of a gated culvert that discharges into the Frog Pond facility, a component of the greater SDP.

These areas have been historically agricultural lands, converted from diverse wetland systems between the 1950’s and 1960’s to increase agricultural production in the State.  The wetland systems were dynamic and established a diverse aquatic habitat within the Florida Southeast Coast sub-basin. Since then, these fallow agricultural sites have been routinely impacted through industrial scale agricultural practices. 

PROJECT PURPOSE:

Basic:  Flood Risk Management (FRM)

Overall:  To control hydrologic flows from the C-31N/C-111 Canal east to the South Detention Area (SDA), located within the Shark Valley & Taylor Slough watershed(s) in Miami-Dade County, Florida.

PROPOSED WORK:  The applicant requests authorization to construct a new Pump Station with a maximum design capacity of 575 cfs. The S-332B pump station discharge channel design will allow the full pump capacity of 575 cfs to be directed south from the NDA into the SDA. The proposed channel would enable flows to be directed between the NDA and the SDA at a maximum capacity of approximately 250 cfs. The channel is proposed to be concrete lined to reduce seepage losses, minimize maintenance and ensure water connection to the SDA.  Once the new S-332B pump station and discharge channel is constructed the existing S-332B Pump Station and appurtenant features will be removed and the areas will be leveled to grade and allow for natural growth to occur.

The proposed project would authorize the following:

Excavate approximately 20,000 Cubic Yards (cy) of material from approximately 2.17 acres of the L-31N Canal for the construction of the new intake channel, channel levees, and the new S332B Pump Station.

Fill approximately 248,769 cy of fill material to include but not limited to clean fill, riprap, concrete, sheet piling, basecourse, and sod material along approximately 23.67 acres of NDA, to construct the new discharge channel, levees abutments, and new S332B Pump Station within the NDA portion of the SDP.

The proposed project is expected to result in approximately 23.82 acres of direct impacts to aquatic resources.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: The S-332B Pump Station project will impact a portion of the L-31N Canal, a component of the SDP. 

Alternatives were evaluated in the General Re‐evaluation Report (GRR), Environmental Assessment (EA) and Proposed Finding of No Significant Impact (FONSI) for the Replacement of Current Pump Stations S‐332B and S‐332C (GRR/EA FONSI, 2020), prepared by the Corps and the applicant.  The report describes the design alternatives and provides a detailed description of the screening criteria and the evaluation of alternatives (please see link to the GRR/EA FONSI, 2014 Final Report at: https://www.saj.usace.army.mil/C111SouthDade/

The removal of the existing S-332B discharge culverts, levees and enhancement of wetland areas will provide onsite project construction wetland functional benefits.  The applicant would implement best management practices for turbidity and erosion control during construction.  

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant has indicated that compensatory mitigation would be required. The applicant has indicated that the proposed project would enhance approximately 32.72 acres of wetlands areas located along the North Detention Area (NDA), South Detention Area (SDA), and Everglades National Park (ENP), resulting in greater functional gains. The applicant has indicated that mitigation would be offset by construction and that the proposed project would not create a net loss of wetland, stream, and/or other aquatic resource function and area.

CULTURAL RESOURCES: The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that: No historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places) are present within the Corps’ permit area; therefore, there will be no historic properties affected. The Corps subsequently requests concurrence from the SHPO and/or THPO.

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.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the Corps Resources-at-Risk Report, and 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.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The AGENCY NAME is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by AGENCY NAME.

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 will 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 may be required from the Florida Department of Environmental Protection (FDEP).

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the Florida Department of Environmental Protection. 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 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. A permit will be granted unless its issuance is found to be contrary to the public interest.

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 July 14, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Ryan Poland at RyanJ.Poland@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Ryan Poland, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410.  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.

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