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: Evans Properties, Inc.
660 Beachland Boulevard, Suite 301
Vero Beach, Florida 32963
WATERWAY AND LOCATION: The project, referred to as Bluefield Grove Dispersed Water Management Project, would affect waters of the United States associated with C-23 Canal. The project site is located at 10410 Bluefield Road, in Section 01, Township 37 South, Range 37 East, St. Lucie County, Florida.
Directions to the site are as follows: Take I-95 to Route 70, take Route 70 to Bluefield Road, turn left onto Bluefield Road and the entrance to the project site is approximately 3.3 miles on the left.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.26088°
Longitude: -80.59698°
PROJECT PURPOSE:
Basic: Water storage
Overall: Store excess surface water from the South Florida Water Management District’s (SFWMD’s) C-23 Basin when it would otherwise be lost to tide and to retain all direct precipitation.
EXISTING CONDITIONS: The project site (area owned by Evans Properties) consists of approximately 5,922 acres of fallow citrus grove located east of Bluefield Road in St. Lucie County. At present, the project site contains areas in which citrus, pine, and eucalyptus trees are present and areas in which the woody vegetation has been removed. The grove and non-grove areas are generally maintained through periodic mowing and contain a herbaceous layer comprised of upland graminoid and forb species. All of the woody vegetation will be removed from the DWM areas except the irrigation reservoir prior to use of the site for water storage.
Primary irrigation canals parallel the boundary of the project site and are located throughout the central portion of the parcel. Secondary irrigation canals traverse the interior of the site and discharge into the aforementioned primary irrigation canals. The grove areas contain drain tiles that discharge into the secondary irrigation canals. Based on review of historical aerial photographs and topographic maps, the perimeter and interior canals were created prior to 1971. In summary, the project site was in use for commodity production prior to 1971.
The project site is bound by drainage canals, beyond which is the Martin County boundary to the south, Bluefield Road to the northwest, and pastureland and undeveloped land to the southwest. The project site is bound by the C-23 Canal to the east, undeveloped wetlands to the northeast, and the St. Lucie County Ditch to the north and northwest. The Subject Property is situated in a large agricultural area that includes commodity production comprised of mainly citrus, as well as cattle and horse ranches. An administration/shop area is located in the northwest portion of the Subject Property. Abandoned residential areas that are accessible via Bluefield Road are located along in the northwestern portion of the Bluefield Grove parcel. The abandoned residential areas and the administration/shop areas are not included in the DWM area. An approximately 162-acre freshwater, forested/shrub wetland dominated by a mixture of hardwood tree species with sabal palms is located in the northwestern corner of the project site and is not included in the DWM area. Portions of the wetland area are separated from adjacent areas by a berm with varying heights. An irrigation canal encompasses the wetland area, herein referred to as the wetland perimeter canal. The wetland perimeter canal is located outside the wetland area along the west and south wetland boundaries and to the north and east the canal is not maintained and is located within the wetland area.
The northern wetland border is comprised of a tall berm, beyond which is the St. Lucie County Ditch. A large corrugated metal culvert in the northeastern corner of the wetland connects the wetland complex to the St. Lucie County Ditch and provides the hydrologic connection of the wetland area to surface waters. Additional hydrology for the wetland area is provided by a high water table and rainfall.
An area of old grove that dates back to the early to mid-twentieth century is located in the northwestern portion of the project site. The old grove area is almost entirely surrounded by the wetland area. The old grove area is mainly comprised of a maintained herbaceous vegetation with heirloom citrus trees and various other commodity trees. The area west of the wetlands are not included in the DWM project area. The wetland perimeter canal south of the wetland area is paralleled by an existing dirt access road, beyond which is grove. The grove area south of the wetland perimeter canal is included in the DWM project area.
The east side of the wetland area is bound by a wide berm that separates the wetland area from an approximately 790-acre irrigation reservoir. The irrigation reservoir is part of the DWM area and is a separate DWM cell. The existing reservoir pump and associated pipes will remain in place during DWM system operation.
The berm of the DWM cell located south of the wetland area has been designed such that no direct impacts to the wetland or the wetland perimeter canal will occur from fill material associated with construction of the DWM cell. The wetland perimeter canal is not included within the DWM area and fill material will not be placed within the wetland perimeter canal. The wetland perimeter canal will be disconnected from the irrigation canals located within the DWM area.
The DWM areas in proximity to the wetland and wetland perimeter canal have been designed to ensure that indirect impact to the wetland does not occur from modification of the hydrology in the wetland area. Additionally, measures will be taken during operation of the Project to ensure that indirect impacts to the hydrology of the wetland area do not occur. The proposed design and operational measures include the wetland perimeter canal, the irrigation reservoir, and the DWM berm located south of the wetland area.
The water level within the wetland perimeter canal will not be altered by man-made means, such as pumping. An additional measure to ensure that the hydrology of the wetland area is not negatively impacted by use of the project site for DWM includes the abutting irrigation reservoir being a standalone DWM cell. The surface water level within the irrigation reservoir will be stored at an elevation equal to the historical maximum water level, as described in detail below, thereby maintaining hydrological conditions in the adjacent wetland area that are consistent with pre-DWM activities. The toe of slope for the DWM berm to be constructed south of the wetland area will be placed approximately 10 feet south of the wetland perimeter canal. The existing perimeter canal separating the DWM cell from the wetland will help ensure that pre-DWM hydrologic conditions remain in place.
PROPOSED WORK: The applicant seeks authorization to discharge 1,925 cubic yards of fill into 0.3 acres of waters for the temporary conversion of approximately 6,590 total acres of land (5,922 acres owned by Evans Properties and 668 acres owned by the SFWMD) from citrus production to DWM.
The total inundated area for the project is approximately 6,590 acres, which includes approximately 668 acres owned by the SFWMD in the northeast corner of the DWM area that is proposed to be included in the project footprint. The SFWMD parcel is not included as part of this submittal. Water will be stored in two separate DWM cells as part of the project. The primary cell has an average existing grade elevation of 22.5 feet NAVD. The second cell consists of the irrigation reservoir located in the northwestern portion of the project site. Water in the second cell will be stored at an elevation equal to the irrigation reservoirs’ historical maximum water level of 26.18 feet NAVD, which corresponds to a water depth of approximately two to three feet.
An approximately 1,000 foot emergency earthen spillway will be located along the east boundary of the property to allow discharge to the C-23 Canal in the event of significant rainfall occurring. Existing pump stations will be reconfigured to allow inflow to the site from the C-23 Canal with total capacity of approximately 120,000 gallons per minute being provided. The total static storage at the maximum water level (depth of four feet) is approximately 23,541 acre-feet (ac-ft) (22,457 ac-ft in main cell and 1,084 ac-ft in reservoir area). Other than overflow during significant rainfall events, the site will not discharge retained water back to the regional system.
Evans Properties, Inc. formally requests issuance of a 10-year permit and authorization to revert the Scott properties sites back to baseline conditions upon termination of DWM activities.
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 footprint of the proposed impact is the minimum needed to safely provide access for required assessment and maintenance of the project areas.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
There are no wetlands on the site, as confirmed by the SFWMD. The site has been utilized for commodity production (i.e. citrus) since before 1971.
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. 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.
ENDANGERED SPECIES: The project site is located within the consultation area for the following species: Audubon’s crested caracara (Polyborus plancus audubonii), Everglade snail kite (Rostrhamus sociabilis plumbeus), and the Florida grasshopper sparrow (Ammodramus savannarum floridanus). In addition, the following species are likely to be present at the project site: Ivory-billed woodpecker (Campephilus principalis), Eastern indigo snake (Drymarchon corais couperi) and the wood stork (Mycteria americana). The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern indigo snake, wood stork, Everglade snail kite, Florida grasshopper sparrow, and the Audubon’s crested caracara. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.
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 approximately 0.3 acres of freshwater ditches and canals. 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 not 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 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, 400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Krista.D.Sabin@usace.army.mil; 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. 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.