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: Richard Hartman
2621 Umbrella Tree Drive
Edgewater, Florida, 32141
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a portion of the greater Indian River Lagoon Watershed (12-digit Hydrologic Unit Code 030802020400; Mosquito Lagoon). The site is located along the west shoreline of the Indian River Lagoon, along the eastern side of N. Riverside Drive, within Section 52, Township 17 South, Range 34 East, in the City of Edgewater, Volusia County, Florida.
Directions to the site are as follows: From I-95, take exit for Highway 44 and proceed east on Hwy 44 toward New Smyrna Beach (approx. 1.4 miles); turn right onto Riverside Drive, and continue south on Riverside Drive (approx. 2.1 miles). The site is on the left (east) at 209 N. Riverside Drive.
APPROXIMATE CENTRAL COORDINATES:
Project Site: Latitude 28.995491°; Longitude: -80.905778°
PROJECT PURPOSE:
Basic: Single-Family Residential.
Overall: Development of one (1) single-family waterfront residential lot/homesite with access to the Indian River Lagoon (IRL) within the general Edgewater/New Smyrna Beach area, Volusia County, Florida.
EXISTING CONDITIONS: The project site consists of approximately 0.79 acres (surface waters: 0.39 acre; wetlands: 0.20 acres; uplands: 0.20 acres). The uplands consist of an historically filled berm/upland primarily comprised of mowed/maintained upland grasses. On-site wetlands proposed for impact are primarily comprised of historically mowed/maintained saltmarsh consisting of saltgrass. On-site surface waters are delineated by the mean high water line (MHWL) and are comprised of open water with shoreline fringe of various mangrove species. The immediately surrounding areas consist of existing single-family residences with docks, Riverside Drive, and the Indian River.
PROPOSED WORK: The applicant seeks authorization to fill 0.14 acre of saltwater herbaceous 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:
“Serious effort has been given to reduce the wetland impact on the building lot. Original house and development plans have been reduced to fall inside the mowed part of the Property. No impact will occur below the “Mean High Tide” line. None of the existing mangrove forest will be affected. There will be no impact or removal of the existing mangrove trees to the north, east, and south sides of the lot. Hammered in Retaining walls will be placed on the north and south side of the lot to protect the existing mangrove trees.”
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“We are asking the Army Corps acknowledge and accept that 0.04, Herbaceous Marine (saltwater) UMAM credits have already been purchased (at a state-only permitted mitigation bank). In Basin 21, from Webster Creek Mitigation Bank - 0.04 UMAM credits to offset wetland impacts associated with Hartman Residence, 0370434-002-EI (wetland impact permit).
Our intent is to offer an equal amount (0.04 UMAM) of federally approved freshwater UMAM credits… since all impact will be above the “mean high tide line”. Currently, there are no federally permitted mitigation banks in Basin 21 (which have available wetland mitigation credits)... Green Wing Mitigation bank (in Basin 21) has been in (federal) permitting for at least 4 years. With no definitive date of permitting, this bank is not a viable option. We propose to purchase Federally approved freshwater mitigation credits from a federally approved mitigation bank (out of basin bank) that drains into the same body of water as our property. We are offering to purchase an equivalent amount of “federally approved” freshwater mitigation at Farmton mitigation bank, basin 17. A mitigation bank that (ultimately) drains into the same body of water as the subject property (Indian River – Basin 21).
Alternatively, if preferred by the US Army Corps of Engineers, we propose to purchase out of basin federally approved, saltwater credits from CGW mitigation bank, or Bear point mitigation banks in Basin 22, to provide for mangrove/estuarine mitigation credits.” 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:
1. Eastern Indigo Snake: The Corps has determined the proposed project “may affect, but is not likely to adversely affect” (MANLAA) the Eastern Indigo Snake and its designated critical habitat. Based upon review of the Corps and Service’s Eastern Indigo Snake Programmatic Effect Determination Key (dated August 13, 2013), the proposed project resulted in the following sequential determination: A > B (The permit will be conditioned for use of the Service’s Standard Protection Measures for the Eastern Indigo Snake during site preparation and protection construction.) > C > D > E (Permit will be conditioned such that all gopher tortoise burrows, active or inactive, will be evacuated prior to site manipulation in the vicinity of the burrow. If an indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Permit will also be conditioned such that holes, cavities, and snake refugia other than gopher tortoise burrows will be inspected each morning before planned site manipulation of a particular area, and, if occupied by an indigo snake, no work will commence until the snake has vacated the vicinity of proposed.) = MANLAA for the Eastern Indigo Snake. The applicant agrees to follow the “Standard Construction Guidelines for the Eastern Indigo Snake”.
2. Wood Stork: The Corps has determined the proposed project “may affect, but is not likely to adversely affect” the Wood Stork and its designated critical habitat. Based upon review of the Corps and Service’s Wood Stork Programmatic Effect Determination Key (dated September, 2008), the proposed project resulted in the following sequential determination: A > B > C (Project permanent impacts to SFH are less than or equal to 0.5 acre.) = “not likely to adversely affect” for the Wood Stork. No further consultation was required. The Corps has FWS concurrence for the proposed activities through the use of the aforementioned determination key.
The Corps has determined the proposal would have no effect on any other 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 project impacts occur landward of the MWHL; accordingly, it is our initial determination that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. 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 Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926, 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, Jason D. Perryman, in writing at Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926; by electronic mail at jason.d.perryman@usace.army.mil; by facsimile transmission at (321) 504-3803; or, by telephone at (321) 504-3771 x10.
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.