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: Precast Specialties LLC.
c/o Dean Locke
1380 Northeast 48th Street
Pompano Beach, Florida 33064
WATERWAY AND LOCATION: The project would affect waters of the United States associated with surface waters, such as ditches and a retention pond, adjacent to the St. Lucie River. The project site is located at 3898 Selvitz Road, Section 32, Township 35 South, Range 40 East, Fort Peirce, St. Lucie County, Florida 34981.
Directions to the site are as follows:
From I-95, take exit 126 onto Midway Road, County Highway 712, keep right onto Midway Road and take a slight left turn onto Glades Cut-Off Road, turn right onto Selvitz Road.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.3906028°
Longitude: -80.3584972°
PROJECT PURPOSE:
Basic: The basic purpose is to provide a commercial development.
Overall: The overall project purpose is to provide a commercial facility within western St. Lucie County, Florida.
EXISTING CONDITIONS: The wetland system consists of a freshwater system, composed of 3.2-acres worth of multiple ditches and 3.7-acres of a retention pond, surrounded by agricultural improved pastures. The onsite vegetation found within the ditches includes Carolina willow (Salix caroliniana), primrose willow (Ludwigia peruviana), Caesar weed (Urena lobata), cattail (Typha spp.), swamp fern (Blechnum serrulatum), Brazilian pepper and Old-world climbing fern (Lygodium microphyllum). The vegetation found within the retention pond include spike rush (Eleocharis interstincta), soft rush (Juncus effusus), flat sedges (Cyperus spp.), dropseed grass (Sporobolus spp.), wax myrtle (Myrica cerifera), Guinea grass and primrose willow. Some vegetation found on the pasture portion of the project area consists of Bahia grass (Paspalum notatum), dropseed grass (Sporobolus spp.), guinea grass (Panicum maximum), dog fennel (Eupatorium spp.), ragweed (Ambrosia), shrubby false buttonweed (Spermacoce verticillata), pepperweed (Lepidium sp.), Caesar weed (Urena lobata), sandspur grass (Cenchrus sp.), Brazilian pepper (Schinus terebinthifolius), earleaf acacia (Acacia auriculiformis) and sabal palms (Sabal palmetto).
PROPOSED WORK: The applicant seeks authorization to fill 6.9+/- acres of jurisdictional surface waters comprised of 3.2+/- acres of ditches and 3.7+/- acres of a retention pond, in addition to 68.1+/- acres of upland agricultural improved pastures.
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 reviewed site plan alternatives, however based upon site plan constraints resulting from the centralized locations of the ditches and retention basin as well as water quality requirements, the elimination of impacts to these surface waters was determined to not be practicable for project feasibility or ecological feasibility.
The surface waters currently present on the property in the form of drainage ditches and a retention basin do not contain any significant wetland habitat or function and are not utilized by listed wildlife species. Vegetative composition within these areas is dominated by exotic and nuisance species. After consideration of impact minimization and on-site and off-site mitigation options for this project, it was determined that off-site mitigation was preferable.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Using a functional assessment via the Wetland Rapid Assessment Procedure (WRAP), the applicant has offered to purchase approximately 1.73 herbaceous credits at Bluefield Ranch Mitigation Bank to compensate the permanent loss of Waters of the U.S. “Off-site mitigation at Bluefield Ranch Mitigation Bank will provide compensation in an area of regional importance and will provide greater long-term ecological value than the isolated drainage ditches and retention basin that are present on the project site.”
CULTURAL RESOURCES:
The Corps, after consultation with the RD Archeologist, has determined the permit area retains a very low probability for the occurrence of historic properties based upon environmental conditions, past land use ground disturbances, and prior archaeological research in the immediate vicinity which identified no archaeological sites in similar, but less disturbed environments. Because of these factors, the Corps has determined that the proposed project has "No potential to cause effect" to historic properties. 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 and the Wood Stork or their designated critical habitat. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Eastern Indigo Snake:
Based on completion of the 13 August 2013 Indigo Snake Key and August 2013 addendum (A-B-C-D-E) a determination of “may affect, not likely to adversely affect” is made for the Indigo snake provided the verification includes the following special conditions:
1. Eastern Indigo Snake Protection Measures: The Permittee shall comply with U.S. Fish and Wildlife Service's “Standard Protection Measures for the Eastern Indigo Snake” dated August 2013 and provided with the permit.
2. All gopher tortoise burrows, active or inactive, will be evacuated prior to site manipulation in the vicinity of the burrow. If an indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Any permit will also be conditioned such that holes, cavities, and snake refugia other than gopher tortoise burrows will be inspected each morning before planned site manipulation of a particular area, and, if occupied by an indigo snake, no work will commence until the snake has vacated the vicinity of proposed work. The Permittee shall comply with U.S. Fish and Wildlife Service's “Standard Protection Measures for the Eastern Indigo Snake” dated February 12, 2004 and attached with this permit.
Wood Stork:
Based on completion of the 18 May 2010 Wood Stork Key the Corps determined that the project will have NLAA through the sequential determination: A-B-C-E-Paragraph 1 “Project provides suitable foraging habitat (SFH) compensation in accordance with the CWA section 404(b)(1) guidelines and is not contrary to the HMG; habitat compensation is within the appropriate Core Foraging Area (CFA) or within the service area of a Service-approved mitigation bank: and habitat compensation replaces foraging value, consisting of wetland enhancement or restoration matching the hydroperiod of the wetlands affected, and provides foraging value to, or higher than, that of impacted wetlands.” This determination was based off the applicant’s proposal to compensate the loss of waters, considered to be SFH, with the purchase of 1.73 herbaceous credits at Bluefield Ranch Mitigation Bank.
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.
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 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, Christian Karvounis, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Christian.Karvounis@usace.army.mil or, by telephone at (561) 472-3516.
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.
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.