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: Martin County Public Works
Attn: Lisa Wichser
2401 SE Monterey Road
Stuart, FL 34996
WATERWAY AND LOCATION: The project would affect waters of the United States associated with freshwater and tidal wetlands associated with the South Fork of the St. Lucie River in Old Palm City. The project site is located South of SW 27th Street and East of SW Feroe Avenue in an Old Palm City residential area.
Directions to the site are as follows: From I-95 head east of FL-714 (SW Martin Highway) for approximately 7 miles; Turn north onto SW Mapp Road and travel 0.7 mile; Turn east onto SW 28th Street and travel 0.2 mile to arrive at the north parcel of the project.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.171070°
Longitude: -80.266675°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve stormwater management.
Overall: The overall project purpose is to improve stormwater management to alleviate flooding in the residential neighborhood while enhancing wetlands in Old Palm City, Florida.
EXISTING CONDITIONS: The wetland system consists of a 0.98 acre freshwater wetland and .03 acre tidal system. Within the freshwater wetland onsite vegetation consists of a dominance of exotic species such as Brazilian pepper, java plum and bishopwood. Within the tidal wetland onsite vegetation consists of red mangrove, white mangrove, and pond apple. The area was also assessed in September 2018 and July 2019 for potential seagrasses adjacent to the proposed outfall. No seagrasses or other submerged resources were observed within 25-feet of the proposed outfall.
PROPOSED WORK: The applicant seeks authorization to fill 0.28 acre of freshwater exotic wetland and 0.005 acre of tidal wetland for the construction of a stormwater management system that will alleviate flooding and enhance remaining wetland areas.
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:
Avoidance – The project is a county stormwater management project to improve flooding and stormwater flow within this neighborhood. The County owns the parcels being used for this project and there are no other vacant parcels or parcels owned by Martin County situated in an area that would be feasible for construction of this project.
Minimization- The project was modified early in the process to minimize impacts to wetlands. The northern parcel, where the stormwater treatment area is situated, was redesigned to incorporate a spreader swale along the southern boundary to provide pre-treatment of water entering the site from impervious areas. This allows for the enhancement of the remaining 0.70 acre of freshwater wetland. The pretreatment meets State standards of 0.5” over the 0.45 acres of impervious area contribution. Additionally, on the eastern parcel, the outfall to the St. Lucie River has recently been modified to avoid mangrove impacts to the greatest extent practicable. The proposed rip-rap area at the outfall was shifted as far south as possible and will be carefully placed so that mangrove impacts will be minimal. The rip-rap will encroach into only 50 sq ft of mangrove area.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes to purchase 0.1 forested freshwater credit at Bluefield Ranch Mitigation Bank for the impacts to the 0.28 acres of freshwater wetlands.
The minor tidal wetland impacts (0.005 acres) associated with the outfall and rip-rap have been minimized to the greatest extent practical and will be off-set by the planting of mangrove seedlings within the rip-rap.
CULTURAL RESOURCES:
The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.
THREATENED OR ENDANGERED SPECIES:
The Corps has determined the proposed project will have no effect on the Audubon's crested caracara (Polyborus plancus audubonii), the Florida scrub jay (Aphelocoma coerulescens), the Everglades Snail Kite (Rostrhamus sociabilis plumbeus), Florida grasshopper sparrow (Ammodramus savannarum floridanus), and the Red-cockaded woodpecker (Picoides borealis) and may affect, but is not likely to adversely affect the Wood stork (Mycteria Americana) and Eastern Indigo Snake (Drymarchon corais couperi), West Indian Manatee (Trichechus manatus), threatened and endangered swimming sea turtles; loggerhead (Caretta caretta), green (Chelonia mydas), leatherback (Dermochelys coriacea), hawksbill (Eretmochelys imbricata), and Kemp's Ridley (Lepidochelys kempii), the threatened smalltooth sawfish (Pristis pectinata), and Johnson’s seagrass (Halophila johnsonii).
Wood Stork- Potential impacts to the threatened Wood Stork were assessed using the Programmatic Concurrence Key dated May 18, 2010. Use of this key produced the sequential determination of A-B-C-E-MANLAA. While the proposed project will impact greater than 0.5 acres of suitable foraging habitat, it is located greater than 0.47 miles from a Colony Site, will impact less than 50 acres of wetlands, and wetland impacts will be mitigated for to allow for habitat compensation that will replace foraging value. Therefore, per the MANLAA determination the requirements of Section 7 of ESA are fulfilled for the Wood Stork and no further action is required.
Eastern Indigo Snake- Use of The Corps of Engineers, Jacksonville District and the U.S. Fish and Wildlife’s Eastern Indigo Snake Key dated August 1, 2017 resulted in a path of A-B-C-D-E, not likely to adversely affect. A determination of “not likely to adversely affect” was made for the Indigo snake provided the permit includes a special condition for the Eastern Indigo Snake Protection Measures during construction. With an outcome of “may affect, not likely to adversely affect (MANLAA)” as outlined in the key, the requirements of Section 7 of the Endangered Species Act are fulfilled for the Eastern Indigo Snake and no further action is required.
Manatee- The Corps has determined the project may affect, but is not likely to adversely affect the threatened West Indian manatee, but would not affect its designated critical habitat. Potential impacts to the listed West Indian manatee and its critical habitat were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Key). Use of this Key produced the sequential determination A > B > C > G > N >O>P couplet 5.The project has been reviewed by the Florida Fish and Wildlife Conservation Commission (FWCC) and verified it is in compliance with the Saint Lucie County Manatee Protection Plan. Provided the applicant adheres to the standard manatee construction conditions during the in-water work and a manatee grate will be placed on the 36” outfall pipe, the key results in a may affect, not likely to adversely affect determination and no further consultation with the U.S. Fish and Wildlife Service is necessary.
Johnson’s seagrass- The Corps has determined that the proposed project will have no effect on Johnson’s seagrass or it’s designated critical habitat because it is not present within the project area.
Swimming sea turtles and smalltooth sawfish- The Corps has determined the proposed project may affect, but is not likely to adversely affect the threatened and endangered swimming sea turtles; loggerhead, green, leatherback, hawksbill, and Kemp's Ridley, the threatened smalltooth sawfish, but would not affect any species designated critical habitat. The Corps will evaluate the proposed work utilizing NMFS’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017.
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 150 sq.ft. of mud, shell, sand and barren rock bottom and 50 square feet of mangroves utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the St. Lucie River. 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, Carolyn Farmer, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida, 33410; by electronic mail at Carolyn.h.farmer@usace.army.mil; or, by telephone at (561) 472-3527.
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.