DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 4400 PGA BOULEVARD, SUITE 500 PALM BEACH GARDENS, FL 33410
REPLY TO July 2, 2018 ATTENTION OF Regulatory Division South Branch Palm Beach Gardens Permits Section
PUBLIC NOTICE
Permit Application No. SAJ-2017-01047(SP-CHF)
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:
APPLICANT: Coconut Northlake LLC Attn: George Elmore 2101 South Congress Avenue Delray Beach, Florida 33445
WATERWAY AND LOCATION: The project would affect waters of the United States associated with C-18 Canal. The project site is located at on Northlake Boulevard, approximately 5.31 miles to the west of the Beeline Highway at the southwest corner of the intersection of Northlake Boulevard and Coconut Boulevard in Palm Beach County, Florida (Parcel ID # 00414215000007010).
Directions to the site are as follows: From I-95 or the Florida’s Turnpike, find Northlake Boulevard and head west for approximately 5.5 miles past the Beeline Highway (SR710). The site is located on the south side of Northlake Boulevard and on the west side of Coconut Boulevard.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.810858° Longitude -80.240979°
PROJECT PURPOSE:
Basic: To develop a commercial retail shopping center.
Overall: To develop a commercial center in Palm Beach Gardens, Florida.
EXISTING CONDITIONS: The project site is 29.58 acres including 17.66 acres of wetlands, 0.04 acres of ditches, and 11.88 acres of dry land. The dry land includes 8.91 acres of pine flatwoods and 2.97 acres of Australian pine. The wetland system consists of a 17.66 acres made up of six jurisdictional wetlands areas of mixed hardwood wetlands, hydric pine flatwoods, freshwater marsh, and wet prairie habitats. The existing wetlands are largely characterized as wet prairies (15.64 acres of wet prairie and 0.37 acre of freshwater marsh) consisting of herbaceous wetland grasses and shrubs. The dominant species within this habitat type is jointed spikerush (Eleocharis interstincta) and beakrush (Rhynchospora tracyi). Another wetland habitat type found on the property is hydric pine flatwood (0.53 acre). The hydric pine flatwood community is dominated by slash pine (Pinus elliottii) and melaleuca (Melaleuca quinquenervia). The final wetland type is a mixed wetland hardwood (0.12 acre) that contains pond apple (Annona glabra), Carolina willow (Salix caroliniana), Brazilian pepper (Schinus terebinthifolius) and melaleuca (Melaleuca quinquenervia). The entire site has been adversely affected hydrologically by the regional water control district (Indian Trails Improvement District). The water elevation has been controlled at an elevation of 17.0’ NGVD during the dry season and 15.5’ during the wet season which is below the existing ground elevation of the majority of the site including the wetland areas that are at approximately 20’ NGVD. In addition, the community structure of the wet prairies has been highly disturbed due to previous off-road vehicle activity. Many trails cross the wetland leaving wide swaths of bare ground exposed. The existing area surrounding the project area consists of single family residences to the south beyond Hamlin Boulevard, a disturbed but undeveloped site to the west, a permitted but unbuilt Post Office facility to the east beyond Coconut Boulevard, and a large scale DRI development under review on cattle pasture to the north beyond Northlake Boulevard.
PROPOSED WORK: The applicant seeks authorization to develop a commercial retail shopping center that will include to the discharge of fill into 15.81 acres of wetlands. The proposed project includes the construction of utilities, storm drainage infrastructure, dry retention area with control structure for water quality treatment and stormwater attenuation prior to discharge into 4.32 acres of preserved and created wetlands and wetland buffers.
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:
Six jurisdictional wetlands were identified on the project site totaling 17.66 acres. The wetlands are spread throughout the parcel so complete avoidance is not possible. The immediate area surrounding the subject property was the focus of the Western Northlake Corridor Land Use Study (WNCLUS) which was developed by Palm Beach County, Indian Trails Improvement District, and the Cities of Palm Beach Gardens and West Palm Beach. The study was performed to assess the need for commercial uses within the study area (the Acreage neighborhood). It was determined there is demand for over 140,000 sq-ft of commercial use within the area. The County’s code dictates that commercial uses can only be located on properties that occur at intersections with some combination of arterial or connector roads on both sides. The Coconut Northlake property meets this requirement and has been encouraged by the local municipalities to bring commercial uses to the Acreage neighborhood.
Due to the size and location of the onsite wetlands and the political directions to cluster all of the commercial square footage needed in the Acreage area on this one property, complete elimination of wetland impacts is not possible on the property.
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Onsite alternatives were considered to minimize wetland impacts and impacts to adjacent residential property owners, however, due to the location of the subject property, within the Exurban Tier and the Rural Design Standards required by Palm Beach County for this area, the layout of the site was severely restricted. Due to the location of the subject property, Palm Beach County requires a 50’ corridor to be located along Northlake Boulevard, as well as requiring increased landscaping within the interior of the site, including additional and larger landscape islands within the parking area and larger foundation plantings than are typically required by Palm Beach County. In addition, the Conditions of Approval for the property require a 35’ landscape buffer along Hamlin Boulevard to reduce the impacts to adjacent residential property owners. As a result of the additional requirements for this property, the layout and design of the site were practically pre-determined.
In an effort to reduce wetland impacts, a previously proposed outparcel was eliminated to allow for a reduction in the development footprint. This reduced the total direct impacts from 16.04 acres to 15.81 acres and allowed for a larger, contiguous mitigation area consisting of 1.69 acres of preserved wet prairie and 0.16 acres of preserved hydric pine flatwood.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
All impacts to freshwater marshes, wet prairies, mixed forested hardwoods, and hydric pine flatwood communities will be mitigated for through the purchase of herbaceous and forested credits respectively at approved mitigation banks.
CULTURAL RESOURCES:
The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. A Phase 1 Archeological and Historical Survey of the project area was completed in March 2018 and no cultural resources were identified in the project area. The results of the survey will be provided to the Florida Department of State, Division of Historical Resources and Tribes. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.
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ENDANGERED SPECIES:
The project is within the range and/or consultation area of the threatened Audubon’s crested caracara (Polyborus plancus audobonii), Eastern indigo snake (Drymarchon corais couperi), wood stork (Mycteria americana), endangered Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida scrub jay (Aphelocoma coerulescens), and red-cockaded woodpecker (Picoides borealis).
Based on information available from the applicant our initial determination is that the project will not affect the caracara, Everglade snail kite, or the Florida scrub jay. The site does not contain suitable nesting or foraging habitat for these species.
The Corps has determined the project may affect, but is not likely to adversely affect the red-cockaded woodpecker, Eastern Indigo snake and the wood stork. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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 been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification will be required from the South Florida Water Management District.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Palm Beach Gardens Permits Section, 4400 PGA Blvd., Suite 500, Palm Beach Gardens, FL 33410 within 30 days from the date of this notice.
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, Carolyn Farmer, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Blvd., Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at [email protected]; or, by telephone at (561)472-3527.
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.
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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.
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.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the 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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Source: Google Earth
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