SAJ-2009-01831(SP-JKA)

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: Martin County Board of County Commissioners
                      Attention: Donald Donaldson
                      2401 SE Monterey Road
                      Stuart, FL 34996

WATERWAY AND LOCATION: The project would affect waters of the United States associated with freshwater wetlands. The project site is located at a 19.40 acre site west of Mapp Road, east of 1633 SW 34th Street, north of SW 34th Street, and south of SW Ulmus Street, Section 18, Township 38 South, Range 41 East, Palm City, Martin County, Florida.

Directions to the site are as follows: Take Florida’s Turnpike to SW Martin Highway and head east. Turn north on Mapp Road and travel approximately 0.3 miles. Project will be on the west side of Mapp Road.

APPROXIMATE CENTRAL COORDINATES:

Latitude:      27.165690°

Longitude: -80.271480°

PROJECT PURPOSE:

Basic: Surface Water Management System

Overall: Construct a surface water management system to accommodate roadway drainage from Mapp Road Improvements in Palm City, Martin County, Florida.

EXISTING CONDITIONS: The Mapp Road Town Center Stormwater Project is located west of SW Mapp Rd., north of SW 34th St., and south of SW Ulmus Pl, Palm City Florida. The subject property consists of three contiguous parcels. The property, as listed from west to east, is identified by the Martin County Property Appraiser as parcel ID numbers 18-38-41-000-047-00000-7, 18-38-41-000-048-00010-0, and 18-38-41-000-048-00000-5 and are further located in Section 18, Township 38S, and Range 41E. The property is a mixture of developed and natural areas. The developed areas consist of a large retention pond approximately ±5.5 acres in size to the west, and the Palm City Fire Station #21 to the east. The existing retention pond is permitted under South Florida Water Management District (SFWMD) permit number 86-118, as the 34th Street Pond, intended to serve as stormwater retention for ±60 acres experiencing drainage problems in 1986.

The undeveloped habitat on the parcel consists of four different wetlands: Wetland 1: ±3.90 acres of freshwater marsh; Wetland 2: ±0.17 acres of wet prairie; Wetland 3: ±0.07 acres of wet prairie; and Wetland 4: ±0.03 acres of Maleleuca dominated forested wetland. The four wetland areas are surrounded by a combination of disturbed upland habitat consisting of exotic vegetation and pine flatwoods. The onsite native wetland habitat is in poor to moderate condition. The overall diversity of vegetation is low, consisting predominately of exotic Torpedo Grass and Maleleuca. Additionally, the wetlands have experienced human impacts in the form of dumping and the use of off road vehicles. The upland habitat ranges from poor to good quality, with the lowest quality areas located to the south and west. Heavy concentrations of old world climbing fern, ear leaf acacia, and Brazilian pepper dominate those areas. The remaining areas of pine flatwoods contain scattered exotic vegetation with a good diversity of older growth native vegetation including slash pine, bays, hollies, saw palmetto, oaks, and wax myrtle.

Typical vegetation found throughout the parcel includes: Brazilian Pepper (Schinus terebinthifolius), Slash Pine (Pinus elliottii var. densa), Punk Tree (Melaleuca spp.), BananaLilly(Nymphoides aquatica), Torpedo Grass (Panicum repens) Dahoon Holly (Ilex cassine), Yellow Eyed Grass (Xyris spp.), St. John’s Wort (Hypericum spp.), Laurel Oak (Quercus laurifolia), Saw Palmetto (Serenoa repens), Sword Fern (Nephrolepis exaltata), Wax Myrtle (Myrica cerifera), Old World Climbing Fern (Lygodium spp.), and Acacia (Acacia auriculiformis).

PROPOSED WORK: The applicant seeks authorization to impact 0.65 acres of freshwater wetlands by dredging 0.55 acres of existing wetlands and filling 0.10 acres to create surface water management system for providing storage and treatment of stormwater runoff from the expansion of Mapp Road and the construction of the Mapp Road Town Center. Project activities specifically include the following: (1) conduct and install stormwater drainage improvements along Mapp Road; (2) Fill 0.10 acres of freshwater wetlands to create approximately 225 linear feet long northeast corner of a stormwater pond with a slope 10 feet wide from top to toe; (3) excavate 0.55 acres of existing wetlands to create a stormwater surface pond (2,662 cubic yards dredged); (4) installation of 1(one) 60-inch culvert. Discharged stormwater will flow into Corrine Ave Ditch via a weir; (6) Create 0.70 acres of wetlands; and (7) enhance 3.04 acres of wetlands.

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:

“Avoidance and minimization of wetland impacts has been incorporated into the Mapp Road Town Center Improvement Project through project design by first impacting the most degraded areas of uplands, second the wetland buffer, and then jurisdictional wetlands in that progression of avoidance.”

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

“The specific mitigation activities include creation of 0.7 acres of wetland and the enhancement of the remaining 3.03 acres of existing freshwater marsh wetland. Wetland creation will occur within the existing fresh water marsh system, essentially relocating a portion of the wetland as a method of offsetting wetland impacts. Enhancement of the wetland system will consist of grading and planting. As part of the creation and enhancement efforts, habitat islands will be created for increased biodiversity and a littoral shelf will be incorporated along a portion of the wetland/lake interface providing for wood stork foraging. The vegetation success criteria for the creation and enhancement areas includes the goal for 80 percent coverage of desirable vegetation by the end of the second year, and aerial coverage of exotic vegetation at zero percent and nuisance vegetation limited to 5 percent or less. After five years, the creation and enhancement areas will meet the vegetative success criteria of 80 percent coverage of desirable vegetation and aerial coverage of exotic vegetation at zero percent and nuisance vegetation limited to 5 percent or less. Maintenance will be perpetual. Additionally, the enhanced, created and littoral wetland area (3.73 acres) will be placed under conservation easement in favor of the SFWMD. The applicant evaluated the onsite wetlands using the Uniform Mitigation Assessment Method to show the functional gain is greater than the functional loss.”

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, if applicable, those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern indigo snake (Drymarchon couperi); wood stork (Mycteria americana). The proposed project site contains refugia where Eastern indigo snakes may be present. By use of the Eastern Indigo Snake Key dated January 25, 2010, revised August 13, 2013, the project results in a may affect but is not likely to adversely affect (path A-B-C-D-E) and the eastern indigo snake provided the permit is conditioned such that all gopher tortoise burrows, active or inactive, be evacuated prior to site manipulation. Also, if a snake is encountered, the snake must be allowed to vacate the area prior to site manipulation. All holes, cavities, and snake refugia other than gopher tortoise burrows will be inspected each morning and if occupied by an indigo snake, no work can commence until the snake has vacated. The Corps has received programmatic concurrence for the eastern indigo snake and no further consultation with the FWS is required provided the applicant adheres to the Standard Protection Measures for the Eastern Indigo Snake dated February 12, 2004, and inspects all gopher tortoise burrows and snake refugia areas as described.

The site contains suitable foraging habitat and is within 18.6 miles of two wood stork nesting colonies. The Corps utilized the South Florida Programmatic Concurrence Key for the Wood Stork dated May 18, 2010, and determined that the project is not likely to adversely affect the wood stork (pathway A-B-C-E). Since the project provides suitable habitat compensation in accordance with the Clean Water Act Section 404 (b)(1) guidelines and is not contrary to the Habitat Management Guidelines; habitat compensation is within the appropriate Core Foraging Area and the proposed habitat compensation replaces foraging value, consisting of wetland enhancement matching the hydroperiod of wetlands affected. The Corps has received programmatic concurrence for the wood stork and no further consultation with FWS is required 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. 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, since no EFH is located within the project boundaries. 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, 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, Jerilyn Ashworth, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at Jerilyn.Ashworth@usace.army.mil; by facsimile transmission at (561)472-3508; or, by telephone at (561)626-6971.

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.