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: SAMO, LLC. Attn: Jerry Aron
400 South Australian Ave., 6th Floor
West Palm Beach, FL 33401
WATERWAY AND LOCATION: The project is located on an approximate 22 acre undeveloped parcel that contains jurisdictional mangrove wetlands, that is adjacent to the Indian River Lagoon and the Atlantic Ocean (Section 32, Township 35 south, Range 41 east), Jensen Beach, St. Lucie County, Florida.
Directions to the site are as follows: From U.S. Highway 1 in Jensen Beach, go east on Jensen Beach Blvd (State Road 732). Go north on Indian River Drive to the Jensen Beach Causeway (State Road 732) and then eat. Go north on Ocean Blvd (State Road A1A). The site is adjacent to the north property boundary line of Blind Creek Beach Park on the east side of Ocean Blvd.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.3822°
Longitude: -80.2565°
PROJECT PURPOSE:
Basic: The basic project purpose is to construct a residential development.
Overall: The overall project purpose is to construct a residential development with oceanfront access in St. Lucie County.
EXISTING CONDITIONS: The site is bordered to the west by the Indian River Lagoon and to the east by the Atlantic Ocean, and State Road A1A/Ocean Boulevard bisects the property. The project site and the adjacent properties to the north and south are undeveloped. The project site consists of 22.00 acres, of which ±19.34 acres are mosquito impoundment and 2.66 acres are uplands. The wetlands include such species as white mangrove (Laguncularia racemose), black mangrove (Avicennia germinans), and red mangrove (Rhizophora mangle) with varying degree of Australian pine (Casuarina equisetifolia) and Brazilian pepper (Schinus terebinthifolius). The upland configuration is predominantly low lying topography caused by the Indian River Lagoon’s fringing mangrove swamp. The landward extend of the abutting wetlands terminates at the toe of the coastal strand habitat on the back side of the beach dune complex.
Project History: The U.S. Army Corps of Engineers issued a Department of Army permit dated December 3, 2013, to the L-D Real Estate Partnership, Pelican Reef that authorized the filling of 0.66 acres of waters of the U.S. to construct a road to access an upland site for residential development. The project included the construction of seven single family residential lots, sewer, water and electrical utility connections, and a stormwater management system. The permit was transferred to the current applicant (SAMO, LLC.) on August 15, 2013. The Corps issued a modification on December 11, 2013 to extend the permit expiration date for an additional 2 years to December 3, 2015. No work has commened.
PROPOSED WORK: The applicant proposes to fill approximately 0.34 acre of waters of the U.S. for the construction of a residential development that includes the construction of seven (7) single family residential lots, sewer, water and electrical utility connections, and a stormwater management system. The applicant also proposes the installation of a 30-inch diameter culvert through the proposed access roadway in order to increase tidal flushing within the remaining 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 reduced the wetland impacts from the originally permitted project from 0.66 to 0.34 acres. The reduction in impacts is a result of redesigning the access road in order to be shared between the proposed project site, Pelican Reef and the adjacent Turtle Nest site to the north. The proposed plan includes the installation of a 30-inch diameter culvert through the proposed access roadway in order to increase tidal flushing within the remaining wetlands.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Mitigation for the proposed impacts consists of enhancement of the remaining on-site wetlands, purchase of credits from the Bear Point Mitigation Bank and placement of all wetlands west of the A1A, as well as the remaining Pelican Reef wetlands east of A1A in a conservation easement dedicated to St. Lucie County and/or the Florida Department of Environmental Protection.
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 endangered wood stork (Mycteria americana), the threatened eastern indigo snake (Drymarchon corais couperi), the threatened beach mouse (Peromyscus polionotus niveiventris), the threatened piping plover (Charadrius melodus), the threatened Red knott (Calidris canutus rufa), the endangered nesting sea turtles: green sea turtle (Chelonia mydas), hawksbill sea turtle (Eretmochelys imbricata), leatherback sea turtle (Dermochelys coriacea), Kemp’s ridley sea turtle (Lepidochelys kempii), loggerhead sea turtle (Caretta caretta), and the Loggerhead terrestrial critical habitat LOGG-N-18. The Corps has obtained prior concurrence from FWS by letter dated October 23, 2008 for the wood stork, beach mouse, and nesting sea turtles. The Corps will initiate consultation and request concurrence with these determinations from the U.S. Fish and Wildlife Service 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 project will impact approximately 0.34 acres of tidally influenced mangroves utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. The project also has shallow reefs within close proximity to the project located several hundred feet east of the dune within the Atlantic Ocean. The project as proposed will not have a substantial adverse impact on EFH or federally managed fisheries based on the applicant’s proposed wetland mitigation plan. 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 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, STE 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 Permits Section, 4400 PGA Boulevard, STE 500, Palm Beach Gardens, FL 33410; or by electronic mail at Linda.C.Knoeck@usace.army.mil; 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.