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: Port St. Lucie Town Place Partners, LLC
Attention: Barry Kupferberg
3767 Coventry Lane
Boca Raton, FL 33496
WATERWAY AND LOCATION: The project would affect waters of the United States associated with 1.15 acres of freshwater wetlands. The project site is located within a vacant lot at the southeast corner of the intersection of US 1 and Savanna Club Boulevard, in Section 26, Township 36 South, Range 40 East, Port St. Lucie, St. Lucie County, Florida.
Directions to the site are as follows: From the Florida Turnpike (State Road 91), take Exit 142 for Port St. Lucie Boulevard. Keep right and turn onto SE Bayshore Boulevard, and then turn right (Travel east) onto Port St. Lucie Boulevard. In 2.34 miles turn left onto SE Midport Road. Travel 2.16 miles and continue straight on Walton Road. Drive 0.13 miles and turn left onto US Highway 1. Travel 1.06 miles and turn right onto Savanna Club Boulevard. Destination will be on the right in 0.18 miles.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.3108°
Longitude: -80.3091°
PROJECT PURPOSE:
Basic: The basic project purpose is to construct a multi-family residential and commercial development.
Overall: The overall project purpose is to construct a multi-family residential and commercial development within Port St. Lucie, St. Lucie County, Florida.
EXISTING CONDITIONS: The approximately 18.51 acre project area contains a total two wetland areas for a total of 1.52 acres of freshwater wetlands (1.14 acres and 0.38 acres) that was confirmed by the Corps during a site visit on 16 November 2016. Approximately 81% of the site has been previously cleared, and consists mostly of weedy vegetation and surrounded almost completely by a manmade berm. With the exception of earleaf acacia, no other trees exist in this open area. The site contains approximately 2 acres of pine flatwoods dominated by slash pine.
Project History: By letter dated 3 May 2005, the Corps issued a no permit required letter to the applicant for the construction of a multi-family residential and commercial development currently known as Bella Vista Commercial Parcel. At the time the Corps issued a jurisdictional determination (JD) that the onsite wetland located in the northern portion of the project was not jurisdictional. The site was partially cleared but no construction has occurred. In 2016 the Corps issued an approved JD that stated all wetlands onsite were jurisdictional
PROPOSED WORK: The applicant seeks authorization to fill 1.14 acres of freshwater wetlands to construct a multi-family residential and commercial development and associated stormwater management system. The applicant will purchase credits at the federally approved Bluefield Ranch Mitigation Bank as compensatory mitigation for unavoidable impacts to onsite 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: The applicant has stated that they have avoided and minimized wetland impacts to the maximum extent practicable. Minimal wetland impacts are proposed to accommodate separate ingress/egress to the bifurcated zoning of the site, stormwater retention, and reasonable use of the property, a total of 1.15 acres of existing freshwater wetlands and approximately 0.36 acres of native uplands are proposed to be impacted. The remaining 0.37 acres of freshwater wetlands, as well as 0.97 acres of adjacent uplands are currently under a conservation easement. The proposed site plan would add 0.01 acres to the upland area. This wetland/upland system under the conservation easement is contiguous with 19.66 acres of freshwater wetlands and pine flatwood buffer east of the project site, making wetland A, along the west side of the site a better choice to impact. Any further reduction of wetland impacts would make the project not practicable or feasible to the applicant.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant will purchase credits at the federally approved Bluefield Ranch Mitigation Bank as compensatory mitigation for unavoidable impacts to onsite wetlands.
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 Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern indigo snake (Drymarchon couperi); and wood stork (Mycteria americana). The U.S. Fish and Wildlife has given programmatic concurrence with this determination and no further coordination is required.
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 will not impact essential fish habitat because no EFH is locate within the project area. 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 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, 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, Linda Knoeck in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at Linda.C.Knoeck@usace.army.mil; by facsimile transmission at (561)626-6971; or, by telephone at (561)472-3531.
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.