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Public Notice DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 4400 PGA BOULEVARD, SUITE 500 PALM BEACH GARDENS, FLORIDA 33410 REPLY TO ATTENTION OF June 20, 2018 Regulatory Division South Branch Palm Beach Gardens Permits Section PUBLIC NOTICE Permit Application No. SAJ-2006-01969 (SP-KDS) 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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below: APPLICANT: South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 WATERWAY AND LOCATION: The project is located within waters of the United States at water control structures S-351, S-352, and S-354 within Lake Okeechobee in Palm Beach County, Florida. S-351 is located at the southeastern shore of Lake Okeechobee in the perimeter dike of Lake Okeechobee at the connection of the Hillsboro Canal and the North New River Canal to Lake Okeechobee in Section 26, Township 43 south, Range 36 east; S-352 is located in the perimeter dike of Lake Okeechobee at the connection of the West Palm Beach Canal to Lake Okeechobee in Section 33, Township 41 south, Range 37 east; S-354 is located in the perimeter dike of Lake Okeechobee at the connection of the Miami Canal to Lake Okeechobee in Section 2, Township 44 south, Range 35 east. Directions to the S-351 site are as follows: From the East coast of Florida, take Southern Boulevard (State Road 80) west. Turn right on NW 1st Ave/New River Canal Road. The site is at the end of NW 1st Ave on the Herbert Hoover Dike. APPROXIMATE CENTRAL COORDINATES: S-351: Latitude 26.7010° Longitude -80.7152° S-352: Latitude 26.8640° Longitude -80.6323° S-354: Latitude 26.6986° Longitude -80.8066° PROJECT PURPOSE: Basic: Water supply. Overall: The overall project purpose is to provide water from Lake Okeechobee to downstream users during low water conditions. EXISTING CONDITIONS: Lake Okeechobee is a freshwater lake with a surface area of 730 square miles and an average depth of 9 feet. Typically, the main inflows into Lake Okeechobee are the Kissimmee River, Taylor Creek-Nubbin Slough, Indian Prairie Canal, Harney Pond Canal, and Fisheating Creek. The main outflows east and west, which comprise the largest outflow capacity, are the St. Lucie Canal and the Caloosahatchee River, respectively. The main outflows south are through the Miami Canal, North New River Canal, Hillsborough Canal, and the West Palm Beach Canal. The Lake is surrounded by the Herbert Hoover Dike (HHD) and several water control structures. PROPOSED WORK: The applicant seeks authorization to install and use fourteen portable forward pumps (PFPs) at water control structures S-351, S-352, and S-354. The South Florida Water Management District (SFWMD) proposes to install and use six PFPs at water control structure S-351, four PFPs at S-352, and four PFPs at S-354 for a total of fourteen pumps. Each pump operates at 100 cubic feet per second at maximum capacity. The PFPs will be transported from the SFWMD's field station to each site and installed by crane into the existing discharge bays of the water control structures. When Lake levels are too low to provide sufficient gravity flow out of S-351, S-352 and S-354 necessary for conveyance, the SFWMD will install the PFPs after the SFWMD's Governing Board declares a water shortage and issues a water shortage order pursuant to Sections 373.175 and 373.246, Fla. Stat., and Chapters 40E-21 and 40E-22, Fla. Admin. Code. In the past, this action by the SFWMD Governing Board has occurred as the Lake Okeechobee stage nears 11.0 feet NGVD29. Between 2001 and 2011, the SFWMD installed the PFPs at Lake Okeechobee water elevations ranging between 9.6 and 11.0 NGVD29. SFWMD has requested a permit duration that coincides with the duration of the 2008 Lake Okeechobee Regulation Schedule (LORS). The DA permit authorization, if found appropriate, for Standard Permits are typically 5 years from date of permit issuance. However, the Corps is considering a 10-year permit within this public notice. 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: “No construction will occur. The pumps will be transported from the District's field station to each site and placed by crane into existing bays as shown on the enclosed drawings.” COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: “No construction will occur. The pumps will be transported from the District's field station to each site and placed by crane into existing bays as shown on the enclosed drawings.” 2 CULTURAL RESOURCES: The Corps has determined that the proposed work and/or structures are of such limited nature and scope that little likelihood exists for the proposed project to adversely affect an eligible historic property. The project is in a previously disturbed area within the concrete bays at S-351, S-352 and S-354. The Corps coordinated the project with the State Historic Preservation Officer (SHPO) on 27 October 2006. By letter dated 6 November 2006, the SHPO noted that although the project could have an effect on the Herbert Hoover Dike, considered historically significant for its engineering design, the project construction activities at S-351, S-352, and S-354 will not have an adverse effect on the characteristics qualifying this property for listing in the National Register of Historic Places. The Corps has determined that the original consultation still applies. In the event that undiscovered historic resources are found during operations of the pumps, the Corps will require that the applicant adhere to a special condition that requires specific actions to be in compliance with the National Historic Preservation Act. ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern indigo snake, Okeechobee gourd, West Indian manatee, wood stork, the Everglade snail kite, and designated critical habitat for the Everglade snail kite. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act. ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would impact a freshwater lake. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region. 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. 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 may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts. 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 Boulevard, Suite 500, Palm Beach Gardens, Florida 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 3 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, Krista Sabin, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at [email protected]; or, by telephone at (561) 472-3506. 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. 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.
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