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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.


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Posted: 1/23/2017

Expiration date: 2/13/2017

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: John Rufolo
                      34 Prospect Rd.
                      Livingston, NJ 07039

WETLANDS AND LOCATION: The project would affect approximately 0.08 acres of estuarine, intertidal, scrub-shrub, broadleaf evergreen/mangrove wetland located on an undeveloped parcel (PCN: 2529-343-0002-000-8) , Ocean Drive, South Hutchinson Island, Ft. Pierce (Section 29, Township 35 South, Range 41 East), in St. Lucie

Directions to the site are as follows: From the Jensen Beach Causeway go north on Ocean Drive/Hwy A1A approximately 4.5 miles. Project parcel is located on the right/east side of the road.


Latitude:    27.3962°
Longitude: -80.2637°


Basic: The basic project purpose is for residential development and water access.

Overall: The overall project purpose is for residential development and associated infrastructure with water access on Hutchinson Island.

EXISTING CONDITIONS: Existing site conditions consist of approximately 0.2 acres of wetland habitat characterized as estuarine marsh, partially drained and impacted by the construction of Highway A1A which roughly bisects Hutchinson Island north to south. The remaining 1.19 acres of the parcel are comprised of upland, hardwood (including Australian pine) forest, and sand dune/beachfront. The project site is bordered to the south by a single-family residence, to the north by similar wetland/upland habitat, to the west by Hwy A1A and the Indian River Lagoon (IRL), and to the east by the Atlantic Ocean. The Corps conducted a site visit on 17 November 17, 2011 and confirmed the wetland line on the submitted drawings. There appears to be wetland fill/clearing associated with the developed parcel to the south that has impacted the southern edge of the project site. The submerged bottom within the project footprint of the proposed dock consists of consists of seagrass resources including shoal grass (Halodule wrightii), and manatee grass (Syringodium filiforme), the shoreline along the IRL contains undisturbed mangroves.

PROPOSED WORK: The applicant seeks authorization to fill approximately 0.08 acres of jurisdictional tidally influenced mangrove wetland, in association with the construction of a driveway for a single-family residence and the installation of 4-foot by 344-foot grated pier (1,032 square feet), including a 10-foot by 4-foot step down loading

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: The applicant has revised the driveway plan to reduce wetland impacts by reducing the width of the driveway from 36-feet to 26-feet), and proposes to install culverts under the driveway to maintain the hydrological connection between the wetland areas on each side of the driveway (to the north and south). Erosion control measures, such as silt screens, will be implemented in order to minimize potential secondary impacts to adjacent mangroves. The applicant has agreed to develop and adhere to a lighting management plan to minimize impacts to nesting sea turtles. To minimize impacts to existing seagrasses, the surface of the entire dock shall be elevated a minimum of five feet above the mean high water line (MHWL), and the entire decking shall have grated decking.

COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: To offset the 0.08 acres of unavoidable mangrove wetland impacts that has a functional loss of 0.60, the applicant will purchase 0.05 credits from the federally approved Bears Point Mitigation Bank. The functional assessment of the mangrove system was determined by using Wetland Rapid Assessment Procedure (WRAP) on January 28, 2014 by the St. Lucie County Mosquito Control.

CULTURAL RESOURCES: The Corps has determined the permit area the activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”.

ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the endangered wood stork (Mycteria americana), the threatened eastern indigo snake (Drymarchon corais couperi), the threatened beach mouse (Peromyscus polionotus niveiventris), and the threatened piping plover (Charadrius melodus). The project is located adjacent to manatee critical habitat within the IRL. Therefore, the Corps has determined the project “may affect but is not likely to adversely affect” the West Indian manatee (Trichechus manatus), or its critical habitat. The Corps also determined that the project may affect nesting sea turtles: the endangered green sea turtle (Chelonia mydas), the endangered hawksbill sea turtle (Eretmochelys imbricata), the endangered leatherback sea turtle (Dermochelys coriacea), the endangered Kemp’s ridley sea turtle (Lepidochelys kempii), and the threatened loggerhead sea turtle (Caretta caretta), but would not adversely modify the loggerhead designated terrestrial critical habitat Unit LOGG-T-FL-09. The Corps will request concurrence with the determinations for the, beach mouse, piping plover, and loggerhead and manatee designated critical habitat, and request initiation of formal consultation for the determination for the nesting sea turtles from the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter. The Corps has obtained prior concurrence for the wood stork, indigo snake, and manatee determinations for projects that meet the criteria of the appropriate Programmatic Regional Concurrence(s).

The Corps has also determined that the project “may affect, but is not likely to adversely affect” the small tooth sawfish, swimming sea turtles and the loggerhead designated nearshore reproductive designated critical habitat. The Corps will request informal consultation with the National Marine Fisheries Service (NMFS) Protective Resource Division (PRD), pursuant to Section 7 of the ESA by separate letter.

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 project will impact approximately 0.08 acres of tidally influenced mangroves which is considered EFH. The project site is located directly adjacent to the Indian River Lagoon that has submerged aquatic vegetation in close proximity and is utilized by various life stages of penaeid shrimp complex, red drum, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. The project also has shallow reefs within close proximity to the project located several hundred feet east of the dune within the Atlantic Ocean. The project as proposed will not have a substantial adverse impact on EFH or federally managed fisheries based on the applicant’s proposed wetland mitigation plan. 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 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 to Ms. Linda C. Knoeck at Palm Beach Gardens Permits Section, 4400 PGA Boulevard, STE 500, Palm Beach Gardens, FL 33410, or Linda.C.Knoeck@usace.army.mil, or 561-472-3530, within 21 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, Ms. Linda C. Knoeck, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, STE 500, Palm Beach Gardens, FL 33410; or by electronic mail at Linda.C.Knoeck@usace.army.mil; or, by telephone at (561)472-3530.

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. 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.

Jacksonville District permit public notice St Lucie County U.S. Army Corps of Engineers USACE