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 Memorial Health Services
200 Southeast Hospital Drive
Stuart, Florida 34990
WATERWAY AND LOCATION: The project, referred to as the SB-10 Medical Plaza Development Project, would affect waters of the United States (U.S.) associated with the St. Lucie River. The project site is located at the northeast corner of Kanner Highway and Indian Street, in Section 40, Township 38 South, Range 41 East, City of Stuart, St. Lucie County, Florida.
Directions to the site are as follows: Take I-95 to Highway 714 East across Indian Street Bridge, turn left (north) and project site is on the right (east) side of Kanner Highway.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.1590°
Longitude: -80.2466°
PROJECT PURPOSE:
Basic: Commercial Development
Overall: Construct a medical complex and associated features including a storm water retention basin to serve the residents of the Treasure Coast area.
EXISTING CONDITIONS: The project site, approximately 0.90 mile east of the St. Lucie River, consists of 7.91 acres of mostly forested habitat in Martin County. In general, the project site is composed primarily of pine flatwood habitat dominated by slash pine (Pinus elliottii var. densa) with a saw palmetto (Serenoa repens) understory. There are moderate amounts of the Brazilian pepper (Schinus terebinthifolius) and melaleuca (Melaleuca quinquenervia) scattered throughout the project site. Other vegetation recorded on site is the swamp fern, java plum, old world climbing fern (Lygodium sp.), and other herbaceous wetland vegetation. The project site contains 7.16 acres of uplands including Brazilian pepper (Florida Land Use Classification Code System (FLUCCS) 422) and mixed hardwoods (FLUCCS 438), 0.28 acres of exotic wetland hardwoods (Wetland 1, FLUCCS 619), 0.19 acres of hydric pine flatwoods (Wetland 2, FLUCCS 625), 0.06 acre of hydric pine flatwoods (Wetland 3, FLUCCS 625), 0.13 acres of abandoned aquaculture ponds (Wetlands 4-10, FLUCCS 254), and 0.16 acres of a tributary (FLUCCS 510). Wetland 1 is located in the southwest portion of the project site and is connected to a drainage ditch that extends to the north central portion of the property. The drainage ditch provides the hydrologic connection of the wetland to the St. Lucie River. Additional hydrology for the wetland area is provided by a high water table and rainfall. Wetlands 3 through 10 are isolated, non-jurisdictional wetlands.
PROPOSED WORK: The applicant seeks authorization to impact 0.63 acres of waters of the United States (0.47 acres of wetlands and 0.16 acres of waters) through excavation and the discharge of fill and dredged material to construct a medical complex and associated features (parking area and storm water retention basin) on the 7.91-acre parcel. Dredged material from the basin will be placed in the wetland and utilized to construct an upland transitional area on site. Littoral shelf vegetation will be installed around the storm water retention basin.
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 construct all functional components of the medical complex: building structures, parking areas and storm water retention basin.
COMPENSATORY MITIGATION – The applicant has indicated that off-site mitigation will be used to offset impacts to 0.47 acre of wetland.
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 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), the Florida grasshopper sparrow (Ammodramus savannarum floridanus), Florida scrub jay (Aphelocoma coerulescens), manatee (Trichechus manatus), and the red cockaded woodpecker (Leuconotopicus borealis). In addition, the following species are likely to be present at the project site: 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, and the wood stork. Survey transects were conducted throughout the project site to investigate for the presence of the gopher tortoise (Gopherus polyphemus). No gopher tortoise burrows were observed on the project site. The Corps utilized the August 2017, United States Fish and Wildlife Service (FWS) Eastern Indigo Snake Key, which resulted in the following sequential determination: A-B-C-D-E not likely to adversely affect. The Corps utilized the May 2010, FWS Wood Stork key, which resulted in the following sequential determination: A-B-C-D-E-not likely to adversely affect. The FWS has given concurrence with these determinations through the use of the wood stork and indigo snake keys and therefore no further action is required.
The Corps has determined the proposed project will not affect the Audubon’s crested caracara, Everglade snail kite, Florida grasshopper sparrow, Florida scrub jay, and red cockaded woodpecker.
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 0.63 acres of freshwater wetlands and waters. 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 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, Jerilyn Ashworth, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Jerilyn.K.Ashworth@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.