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:
West Palm Beach , FL 33406
WATERWAY AND LOCATION: The project(s) would affect aquatic resources associated with the C-7 Canal (SAJ-2025-00925) at Latitude -80.1882578° Longitude 25.8510473°; C-8 Canal (SAJ-2025-02208) at Latitude -80.1808731° Longitude 25.8729547°; and C-9 Canal (SAJ-2025-01179) at Latitude -80.1515497° and Longitude 25.9291109°, at Section: 07, 09, 16, & 31; Township: 52 & 53; Range: 42, in Miami-Dade County, Florida.
EXISTING CONDITIONS: The proposed projects are located within the same county, in close proximity to one another (approximately 8 miles), and are part of the Central and Southern Florida (C&SF) Project’s interconnected water control system. Each site currently contains aging canal structures that provide local drainage, flood protection, and water conveyance functions authorized by Congress and have reached the end of their effective service life and no longer meet modern resiliency standards.
Collectively, the S-27 along the C-7 Canal; the S-28 along the C-8 Canal; and the S-29 along the C-9 Canal, form an essential part of the regional water management network, serving as critical control points that regulate flows between the primary canal system, adjacent developed urbans areas. The structures not only maintain flood protection and drainage capacity for surrounding communities, but also support water supply reliability, salinity control, and the overall resiliency of the basin in response to extreme rainfall events and managing sea level rise.
Basic: Flood Risk Management (FRM)
Overall: To reduce flood hazards, improve water management capacity, and enhance coastal system resiliency. These projects seek to provide reliable stormwater conveyance, reduce risks associated with seasonal rainfall, hurricanes, and sea-level rise, and improve the ability of the regional water management system to protect surrounding communities and infrastructure.
PROPOSED WORK: The applicant is requesting to replace three (3) existing water control structures (WCS) to provide greater resiliency and FRM protections to the population of Miami-Dade County from storms and high-water events. Each project would require construction of water management outfall structures to include in-water activities along with other drainage conveyance structures that discharge flows through U.S. Army Corps of Engineers authorized outfall structures. The following describes each project in further detail.
The Corps is currently reviewing the proposed activities under its authorities pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. As part of this review, the Corps is evaluating the scope of work and the means and methods to determine if any avoidance and minimization measures are needed to reduce impacts to aquatic resources. The Corps’ review process will consider these measures in its evaluation and determine whether additional compensatory mitigation is necessary to balance the ecological functions that may be lost as a result of the proposed work.
COMPENSATORY MITIGATION: As part of this evaluation, the Corps will assess the type and amount of aquatic resource impacts, the applicant’s proposed scope of work, and whether the project has incorporated all practicable avoidance and minimization measures. Only after this review will the Corps determine if compensatory mitigation is necessary to offset unavoidable losses of aquatic resource function.
If compensatory mitigation is required, it will be developed in coordination with the applicant and resource agencies and may involve the purchase of credits from an approved mitigation bank, participation in an in-lieu fee program, or permittee-responsible mitigation consistent with federal and state standards. The Corps’ decision will be based on ensuring that any required compensatory mitigation fully offsets any aquatic resource impacts as a result of the proposed projects.
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 consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:
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 U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), the U.S. Army Geospatial Information Data System, and the NMFS Critical Habitat Mapper 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.
|
Species Common Name and/or
Critical Habitat Name
|
Scientific Name
|
Federal Status
|
|
American alligator
|
(Alligator mississippiensis)
|
Similarity of appearance (Threatened)
|
|
American crocodile
|
(Crocodylus acutus)
|
Similarity of appearance (Threatened)
|
|
Beach jacquemontia
|
(Jacquemontia reclinata)
|
Endangered
|
|
Blodgett's silverbush
|
(Argythamnia blodgettii)
|
Threatened
|
|
Cape Sable seaside sparrow
|
(Ammospiza maritima mirabilis)
|
Endangered
|
|
Cape Sable Thoroughwort
|
(Chromolaena frustrata)
|
Endangered
|
|
Carter's mustard
|
(Warea carteri)
|
Endangered
|
|
Carter's small-flowered flax
|
(Linum carteri carteri)
|
Endangered
|
|
Crenulate lead-plant
|
(Amorpha crenulata)
|
Endangered
|
|
Crested caracara
|
(Caracara plancus audubonii)
|
Threatened
|
|
Deltoid spurge
|
(Chamaesyce deltoidea ssp. deltoidea)
|
Endangered
|
|
Eastern Black rail
|
(Laterallus jamaicensis ssp. jamaicensis)
|
Threatened
|
|
Eastern indigo snake
|
(Drymarchon couperi)
|
Threatened
|
|
Everglade snail kite
|
(Rostrhamus sociabilis plumbeus)
|
Endangered
|
|
Everglades bully
|
(Sideroxylon reclinatum ssp. austrofloridense)
|
Threatened
|
|
Florida bonneted bat
|
(Eumops floridanus)
|
Endangered
|
|
Florida brickell-bush
|
(Brickellia mosieri)
|
Endangered
|
|
Florida panther
|
(Puma (=Felis) concolor coryi)
|
Endangered
|
|
Florida pineland crabgrass
|
(Digitaria pauciflora)
|
Threatened
|
|
Florida prairie-clover
|
(Dalea carthagenensis floridana)
|
Endangered
|
|
Florida semaphore Cactus
|
(Consolea corallicola)
|
Endangered
|
|
Green sea turtle
|
(Chelonia mydas)
|
Threatened
|
|
Gulf sturgeon
|
(Acipenser oxyrinchus (=oxyrhynchus) desotoi)
|
Threatened
|
|
Hawksbill sea turtle
|
(Eretmochelys imbricata)
|
Endangered
|
|
Kemp's Ridley Sea Turtle
|
(Lepidochelys kempii)
|
Threatened
|
|
Loggerhead Sea Turtle
|
(Caretta caretta)
|
Threatened
|
|
Monarch butterfly
|
(Danaus plexippus)
|
Proposed Threatened
|
|
Pineland sandmat
|
(Chamaesyce deltoidea pinetorum)
|
Threatened
|
|
Sand flax
|
(Linum arenicola)
|
Endangered
|
|
Small's milkpea
|
(Galactia smallii)
|
Endangered
|
|
Small tooth sawfish
|
(Pristis pectinata)
|
Endangered
|
|
Tiny polygala
|
(Polygala smallii)
|
Endangered
|
|
Tricolored bat
|
(Perimyotis subflavus)
|
Proposed Endangered
|
|
West Indian Manatee
|
(Trichechus manatus)
|
Threatened
|
|
Wood stork
|
(Mycteria americana)
|
Threatened
|
Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The U.S. Army Corps of Engineers is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the U.S. Army Corps of Engineers.
This notice serves as request to the U.S. Fish and Wildlife Service and National Marine Fisheries 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.
ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action may adversely affect EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS).
Implementation of the proposed project would indirectly impact approximately 0.05 acres of Essential Fish Habitat for SAFMC (Spiny lobster and Snapper grouper) from the proposed S-27 Pump Station Project (SAJ-2025-00925); approximately 0.93 acres of Essential Fish Habitat for SAFMC (Spiny lobster and Snapper grouper) from the proposed S-28 Pump Station Project (SAJ-2025-02208); and approximately 0.00 acres of Essential Fish Habitat for SAFMC (Spiny lobster and Snapper grouper) from the proposed S-29 Pump Station Project (SAJ-2025-01179). The effects of the projects are determined to be minimal and temporary.
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: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is located within the near bottom edge of the C-7, C-8, and C-9 federal 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: A Water Quality Certification will 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 October 15, 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 (Project Manager) 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.
Click here for public notice and graphics