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: Loc Nguyen
31850 Wekiva Pines Blvd.
Sorrento, FL 32776
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Banana River watershed (12-digit Hydrologic Unit Code 030802020103). The project location is parcel 757 Banana River Dr., Merritt Island, FL 32952, and is situated along the Banana River, within Section 18, Township 24 South, Range 37 East, Brevard County, Florida.
Directions to the site: From the Beachline Expressway (FL SR 528) eastbound, take Banana River Dr. southbound approx. 0.9 miles. Once you pass Sandpiper St. and the adjacent canal to the south, the subject property will be on the east side of the road, just south of and adjacent to the canal.
APPROXIMATE CENTRAL COORDINATES:
Project Site: Latitude: 28.39324°
Longitude: -80.66842°
PROJECT PURPOSE:
Basic: Single Family Home and dock construction.
Overall: To construct a single family home and dock in Brevard County, Florida.
EXISTING CONDITIONS: The project site consists of nearly 95% undeveloped wetlands, with a small portion of uplands along the road. The wetlands consist of salt marsh, mangroves and Brazilian Pepper. The Brazilian Pepper dominates within the westerly side of the parcel within the uplands and the upland/wetland interface. There is a canal connecting to the Banana River along the property’s northerly boundary. The immediate surrounding properties to the south are also undeveloped wetlands. The properties on the west side of Banana River Dr. consist of existing single-family residences.
PROPOSED WORK: The applicant is proposing to fill 0.227 acres of forested tidal wetlands to construct a single-family home, and to construct a 585 sq. ft. boat dock at the canal along the northerly side of the property.
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:
“Cement stem walls will be used to minimize the amount of area needed to stabilize the fill pad and minimize wetland impacts. The impacts will be adjacent to the existing roadway. Silt fence will be installed and maintained along the edge of the work area.”
COMPENSATORY MITIGATION – The applicant has provided the following information in support of efforts to mitigate impacts to the aquatic environment:
“The applicant is proposing to purchase 0.30 forested credits at the Bear Point 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 - U.S FISH AND WILDLIFE SERVICES (USFWS): The Corps executed a Resources-At-Risk (RAR) report for the area. The RAR indicated that the proposed project could affect the following species: the Piping Plover (Charadrius melodus), the Florida Scrub Jay (Aphelocoma coerulescens), the Atlantic Salt Marsh Snake (Nerodia clarkia taeniata), and West Indian manatee (Trichechus manatus).
The Corps has made the following determinations:
“No Effect”
Piping plover: Following the guidance in the USFWS Programmatic Piping Plover Biological Opinion (May 22, 2013), a “no affect” determination was reached due to no suitable habitat impacted by the proposed work.
Scrub Jay: The proposed work occurs within the consultation area for the scrub jay. Following the Standard Local Operating Procedures for Endangered Species (SLOPES) guideline, no suitable habitat will be impacted by the proposed work therefore, the Corps determined the proposed project would have “no affect” on the Florida Scrub Jay.
“May effect, but not likely to adversely affect” (MANLAA)
Atlantic Salt Marsh Snake: The proposed work occurs within the consultation area for the salt marsh snake, however, the majority of the impact by the proposed work is to non-suitable habitat. Therefore, the Corps determination for the proposed project is “may affect but not likely to adversely affect” for the salt marsh snake.
West Indian Manatee: The Corps has determined the proposed project “may affect, but is not likely to adversely affect” the West Indian Manatee, pursuant to review of the “State of Florida Effect Determination Key for the Manatee in Florida” (April 2013). Review of the Manatee key resulted in the following sequential determination: A>B>C>G>H>I>J>K>N>O>P “may affect, not likely to adversely affect”. The applicant agrees to comply with the terms and conditions of this authorization. In addition, the applicant agrees to follow the ‘Standard Manatee Conditions for In-Water Work (2011)’. No further consultation is required.
ENDANGERED SPECIES - NATIONAL MARINE FISHERIES SERVICE (NMFS): The Corps has determined the proposed project “may affect, but is not likely to adversely affect”: swimming sea turtles; Green sea turtle (Chelonia mydas), Loggerhead sea turtle (Caretta caretta), and Kemps Ridley sea turtle (Lepidochelys kempii); Smalltooth sawfish (Pristis pectinata); and the Northern right whale (Eubalaena glacialis), or their designated critical habitat. The Corps will initiate consultation with the NMFS for concurrence of a “may affect, not likely to adversely affect” determination, pursuant to Section 7 of the Endangered Species Act.
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 proposed project is not expected to impact submerged vegetation, mangroves (below the Mean High Water line or beyond what the PDC’s allow for a minimal dock), or other natural resources.
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.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification was granted from the Florida Department of Environmental Protection via an issued permit.
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 and/or waters of the US. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed (if applicable).
QUESTIONS concerning this application should be directed to the project manager, Brian West, via US Mail at: Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926; by electronic mail at: brian.a.west@usace.army.mil; or, by telephone at (321) 504-3771 x0014.
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.