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: Kennedy Homes LLC
6400 Congress Avenue
Boca Raton, Florida 33487
WATERWAY AND LOCATION: The project would affect waters of the United States associated with wetlands. The project site is located at 1560 Savannah Road, Stuart (Section 28, Township 37 south, Range 41 east), Martin County, Florida.
Directions to the site are as follows: North of Roosevelt Bridge in Stuart, tum east onto Wright Boulevard, travel to "T" intersection with NW Dixie Highway, tum northeast on
NW Dixie Highway. Travel for 1.66 miles to intersection with Green River Parkway and turn east to stay on NW Dixie Highway. Travel for 3.16 miles to the "Y" intersection of Baker Road and Savannah Road. Site is on the north side of this intersection.
APPROXIMATE CENTRAL COORDINATES: Latitude 27.223723°
Basic: The basic project purpose is residential development.
Overall: The overall project purpose is multifamily residential development in northeastern Martin County.
EXISTING CONDITIONS: The 15.2 acre parcel contains an approximate 2.68 acre freshwater forested wetland system. The onsite vegetation consists of a mixed pine flatwoods habitat including Pinus ellioti, Quercus myrtifolia, Melaleuca quinqenervia, and Persea borbonia. The existing area surrounding the project area consists of residential, commercial, and industrial developments.
PROPOSED WORK: The applicant seeks authorization to place approximately 12,000 cubic yards of fill over 2.24 acres of wetlands and the excavation of approximately 0.08 acre of wetlands for the purpose of residential development. The proposed development is for a rental apartment community with green space, upland and wetland preservation areas, site amenities, surface water treatment facilities, parking and roadway areas. The project will also include the near field enhancement and restoration of a 0.38 acre wetland area onsite.
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 avoidance and minimization of impacts on this site include the onsite preservation of 0.38 acres of wetlands within and adjacent to the upland preserve area.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Compensation for unavoidable impacts will be in the form of purchasing mitigation bank credits from Bluefield Mitigation Bank.
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 Florida Scrub Jay (Aphelocoma coerulescens), Red Cockaded Woodpecker (Leuconotopicus borealis), Wood stork (Mycteria americana), and Eastern Indigo Snake (Drymarchon corais couperi). The Corps has received programmatic concurrence for the Eastern Indigo Snake and Wood Stork therefore, no further consultation is required. The Corps will request U.S. Fish and Wildlife Service concurrence with the determination for all other species listed above pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal would have no effect on any listed threatened or endangered species or designated critical habitat.
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 2.42 acres of freshwater wetlands. 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 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 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, Samantha L. Rice, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Samantha.L.Rice@usace.army.mil; by facsimile transmission at (561)626-6971; or, by telephone at (561)472-3536.
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.