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 Kaitlyn.M.Mallett@usace.army.mil .
APPLICANT: Robert Conrad
Global Engine Testing, LLC
10300 NW 19th Street, Suite 104
Doral, Florida 33172
WATERWAY AND LOCATION: The project would affect waters of the U.S. associated with freshwater wetlands adjacent to 17546 FL-710, in Jupiter (PCN: 00-40-41-11-00-000-7020), Section 11, Township 41 South, Range 40 East), Palm Beach County Florida ( 26.9182° -80.3125°).
EXISTING CONDITIONS: The project site is a partially developed property. The property is approximately 4.7 acres and bordered to the north by a regional drainage canal and vacant parcels of private and; to the west by vacant land, to the south by Beeline Highway; and to the east by a gravel road. The property has been utilized since the 1990’s as light industrial for a variety of purposes. The proposed project is an engine testing facility. Preliminary evaluation indicates there are approximately 1.5 acres of poor quality wetland habitat, a 0.1 acre portion of an existing canal, and a 0.8 acre wet retention pong (total of 2.4 acres of wetlands and surface waters).
Four distinct land cover types were identified on the property using the Florida Land Use, Cover and Forms Classification System (FLUCFCS, dated January 1999) which provided classifications of the natural communities onsite. The four land cover types found were approximately 2.3-acres of Other Light Industrial, 0.1-acres of Ditches, 0.8-acres of Reservoir/Lake Less than 10-Acres, and 1.5-avres of Exotic Wetland Hardwoods. Three of the four classifications contain vegetation and qualities that would identify the areas as the wetland system; Ditches, Reservoir/Lake Less than 10 Acres, and Exotic Wetland Hardwoods. Properties adjacent to the project consist of commercial and industrial parcels.
PROJECT PURPOSE:
Basic: The basic purpose is to provide industrial development.
Overall: The overall project purpose is to provide industrial development for an engine testing facility within western North Palm Beach County, Florida.
PROPOSED WORK: The applicant requests authorization to fill 1.8-acres (11,625 cubic yards) of waters of the U.S. comprised of 1.5-acres of wetlands and 0.3-acres of surface waters to construct an industrial facility including building, parking areas, surface water management system and other related infrastructure
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 project would impact 1.8 acres of wetlands and surface waters and 0.7 acres of secondary wetland impacts. Due to the nature of the project and required infrastructure, setbacks and landscaping, avoidance of wetland impacts is not possible. Care will be taken and best management practices will be implemented to avoid any off-site impacts to adjacent wetlands.
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Compensatory mitigation is proposed through the purchase of credits at Bluefield Ranch Mitigation Bank.
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.
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.
The Corps has determined the proposed project is not likely to adversely affect the Wood Stork (Mycteria americana). The Corps evaluated potential project related effects to the wood stork by using the South Florida Programmatic Concurrence (Key), dated 18 May 2010. Use of this Key produced the sequential determination A-B-C-E-couplet 1, which resulted in a “not likely to adversely affect (NLAA) or “no effect” determination.
The Corps has determined the proposed project may affect, but not likely to adversely affect the Eastern Indigo Snake (Drymarchon couperi) and Florida Bonneted Bat (Eumops floridanus). Pursuant to Section 7 ESA, any required consultation with the Service will be conducted in accordance with 50 CFR part 402. The Corps is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by The Corps.
ESSENTIAL FISH HABITAT: The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). The Corps reviewed the National Oceanic and Atmospheric Administration (NOAA) South Atlantic Essential Fish Habitat Mapper and no EFH were mapped within the vicinity of the proposed project area. Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.
NAVIGATION: The proposed structure or 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 of 1899 (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the South Florida Water Management District (SFWMD).
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from SFWMD. 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. 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 September 11, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Kaitlyn Mallett at Kaitlyn.M.Mallett@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Kaitlyn Mallett, 4400 PGA Blvd., Suite 500, Palm Beach Gardens, Florida 33426. 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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