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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Florida Inland Navigation District
c/o Mark Crosley
1314 Marcinski Road
Jupiter, FL 33477
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the discharge of fill and installation of structures within Waters of the U.S. The project site is located at 10315 South Indian River Drive, vacant lot Parcel ID (3529-701-006-000-7, 3529-701-0011-000-5, 3529-701-008-000-1) adjacent to the Indian River and Intracoastal Waterway (ICWW), in Ft. Pierce (Section 29, Township 36 South, Range 41 East), St. Lucie County Florida.
Directions to the site are as follows: From I-95 head toward Ft. Pierce and exit onto St. Lucie West Blvd. continue east and turn right onto South Federal Highway, turn left onto Walton Road and then turn right onto Indian River Drive (S.R. 707). Continue to Indian River Drive for approximately 1 miles and the property will be on the left hand side.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.312395°
Longitude: -80.262231°
PROJECT PURPOSE:
Basic: The basic project purpose is to construct a Dredged Material Management Area (DMMA).
Overall: The overall project purpose is to construct a DMMA for long-term storage capacity for the management of sediments dredged from the ICWW, extending from Bear Point (Cut SL-5, Station 77+90; ICWW mile 227.27) southward 12.91 miles to the St. Lucie/Martin County line (Cut SL-6, Station 373+40; ICWW mile 240.18)(Reach I and Reach II).
EXISTING CONDITIONS: The project is located on the Indian River’s western shoreline approximately 3.3 miles north of the St. Lucie/Martin County line and 4,900 feet north of Walton Road, the property comprises of 20.4 acres of undeveloped land that lies between the Indian River and the Savannas State Preserve. Elevations within the site range from +42 feet NGVD in the southwest corner to approximately +21 feet NGVD along Indian River Drive. The site consist of cabbage palm/sand live oak (7.56 acres), coastal scrub (4.19 acre), sand pine (3.71 acres), xeric oak (3.21 acres), disturbed land (1.49 acres), and pine flatwoods (0.24 acres). A narrow secondary road lies 60-70 feet west of and parallel to the Indian River Shoreline. East of the roadway, a steep bluff descends to the water’s edge. This bluff has been armored with articulated concrete block, which appears to be undermined in some locations. A single family home adjoins the property to the north and undeveloped park property adjoins the site to the south. The Florida East Coast Railway right-of-way separates the site from the Savannas State Preserve located west of the railroad.
A seagrass survey along the shoreline of the property was conducted in May 2017. The survey indicated that a large linear seagrass bed (approximately 2.89 acres), was identified running parallel to the shoreline with the landward seagrass habitat edge located 50-75 feet off the shoreline with the closest approach measures 30 feet from the shoreline in the northern portion of the survey area. The seagrass bed consisted of the following species of seagrass: shoal grass (Halodule wrightii), Johnson’s seagrass (Halophilia johnsonii), and manatee grass (Syringodium filiforme), and turtle grass (Thalassia testudinum).
PROPOSED WORK: The applicant seeks authorization to construct a 13.68 acre Dredge Material Management area (DMMA) M-8, to provide long-term storage capacity for the management of approximately 79,000 cubic yards of dredged sediments. Dredged sediment-laden material from the ICWW will be dewatered in the proposed basin and the decanted water will be discharged back into the ICWW channel boundaries. The project also proposes the installation of an emergency outfall structure and 150 square feet of riprap (15-feet by 10-feet) below the mean high water line (MHWL).
This long-term storage facility will provide the capacity for dewatering and storing sediments dredged to maintain navigation within Reach I and II of the Intracoastal Waterway. During dredging activities, the facility will receive dredged material from the ICWW, dewater the sediments and, via pipeline, discharge the decanted water within the ICWW channel boundaries.
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 proposed riprap is intended to dissipate energy of water discharging via the overflow structure for storm water that exceeds the dry retention capacity. The area of the riprap has been minimized in order to avoid impacts to aquatic resources. The contactor will establish temporary erosion control measures upon mobilization to the site, as well as place erosion control measures (e.g., silt fence) along the limits of the construction.
COMPENSATORY MITIGATION: The applicant has provided the following explanation as to why compensatory mitigation should not be required: No impacts to submerged aquatic vegetation are proposed or anticipated therefore no compensatory mitigation should be required.
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, if applicable 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 not likely to adversely affect the threatened West Indian manatee (Trichechus manatus), the Audubon’s crested caracara (Caracara cheriway audubonii), Florida scubjay (Aphelocoma coerulescens), threatened Eastern indigo snake (Drymarchon carais couperi), and the wood stork (Mycteria Americana). The U.S. Fish and Wildlife Service (FWS) has already given programmatic concurrence for the manatee, wood stork and snake. The Corps will request FWS’s concurrence with the may affect not likely to adversely affect determinations for the Audubon’s crested caracara and the Florida scrubjay pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the endangered and threatened swimming sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta) and the endangered smalltooth sawfish (Pristis pectinata). The Corps will request National Marine Fisheries Service's concurrence with this determination pursuant to Section 7 of the Endangered Species Act 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 proposal would impact approximately 105 square feet of tidally influenced unvegetated benthic substrate through the placement of riprap, utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. 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 Division. 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.
NAVIGATION: The toe of the riprap is over 150 linear feet from the near bottom edge of the federal channel.
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 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 Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 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, Ms. Linda C. Knoeck, in writing at the Palm Beach Gardens Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410, by electronic mail at Linda.C.Knoeck@usace.army.mil, by fax at (561)626-6971, or by telephone at (561)472-3531.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Service, 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat.
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 and 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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.