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: Mr. Timothy L. Curtis
5660 Canvasback Drive
Mims, Florida 32754
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Indian River Lagoon. The project site is located at 1735 Riverside Drive, Parcel Identification Number 22-35-10-02-*-13, in Section 10, Township 22 south, Range 35 east, Titusville, Brevard County, Florida.
Directions to the site are as follows: Take Interstate 95 south to Exit 220 for FL-206. Turn left onto FL-406 east/Garden Street; drive 2.8 miles and turn right onto South Hopkins Avenue. In 0.9 mile continue straight onto Edison Avenue, and in 0.2 mile continue onto South Washington Avenue. Drive 0.6 mile and turn left onto Riverside Drive and 0.1mil to the project site on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.593772°
Basic: The basic project purpose is land reclamation and shoreline stabilization.
Overall: The overall project purpose is land reclamation and shoreline stabilization in north Brevard County, Florida.
EXISTING CONDITIONS: The property is fronted by a two-lane public road, Riverside Drive, on the west and is adjacent to the Indian River Lagoon on the east. Properties to the north are developed as residential and properties to the south are vacant, but early imagery found on GoogleEarth depicts previous multi-family structures. These structures were removed between December 2013 and December 2014. Property to the south includes a concrete bulkhead, which extends out 63 feet waterward from the existing riprap on the project site. Riprap on the corner of the property to the north extends out 17 feet waterward from the riprap on the project site. Shoreline stabilization for properties to the north, other than what is visible adjacent to the project site, is obscured by exiting decking associated with the individual residences. The project site is undeveloped and was vegetated with Brazilian pepper and cabbage palm. No seagrass was present prior to the discharge of fill material. A Brevard County culvert also exists through the property is outfall to the Indian River Lagoon. No vegetation existing along the shoreline prior to the filling of the property.
WORK: The applicant seeks after-the-fact authorization for the discharge of fill material in 0.16 acre of open navigable waters of the United States and is requesting authorization to retain and maintain the property in its current condition.
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 states avoidance is not feasible since the project is for shoreline stabilization. The project is necessary since the land has been eroding over time and has even accelerated with past storm event thereby exposing an existing concrete culvert. No more than minimal fill material was discharged along the shoreline than what was needed to support the existing culvert and tie into existing shoreline structures to the north and south.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant is not offering any compensatory mitigation.
CULTURAL RESOURCES: The U.S. Army Corps of Engineers (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 West Indian manatee or its designated critical habitat as keyed out using the April 2013 manatee key. As a result of the may affect, not likely to adversely affect determination, no further consultation with the U.S. Fish and Wildlife Service is necessary.
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 was issued by the St. Johns River Water Management District on August 15, 2017. The permit number is 146544-1
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Enforcement Section, Post Office Box 4970, Jacksonville, Florida 32232-0017 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, Dianne Griffin, in writing at the Enforcement Section, Post Office Box 4970, Jacksonville, Florida 32232-0017; by electronic mail at Dianne.S.Griffin@usace.army.mil; by facsimile transmission at 904-232-1904; or, by telephone at 904-232-3697.
ADDITIONAL INFORMATION: After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time. Final determination regarding legal action will be made after review of the project through the permit procedure.
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 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 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.