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: Marc-Henri Kijner
Tommy Bahamo, LLC under DAMAC Trust
2550 S. Bayshore Drive, Suite 106
Miami, FL 33133
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Palma Sola Bay. The project is located at 3316 Palma Sola Boulevard in Section 6, Township 35 South, Range 17 East, Bradenton, Manatee County, Florida
Directions to the site are as follows: From I-4 travel to I-75, head south and take exit 220 to State Road 64 (Manatee Avenue East). Travel on SR 64 approximately 10.5 miles to Palma Sola Boulevard. Turn left on Palma Sola Boulevard and travel 1.9 miles south. The project is at 3316 Palma Sola Boulevard.
APPROXIMATE CENTRAL COORDINATES:
Longitude - 82.641426°
PROJECT PURPOSE: Basic: Single Family Home. Overall: The overall project purpose is to construct a single family home northwest manatee county.
EXISTING CONDITIONS: The proposed work would occur in the southeast extent of the Palma Sola Bay, and south of the Palma Sola Creek. The proposed project area is a vacant parcel estuarine fringed and bordered on the east by a roadway, four single family homes to the north, mangrove wetlands to the south and Palma Sola Bay to the west . The total parcel area is 0.35 acres in which 0.33 acres is dominated by tidally influenced red mangrove (Rhizophora mangle) wetland.
PROPOSED WORK: The applicant seeks authorization to deposit 2,400 cubic yards of fill material to impact 0.19 acres of tidally influenced Red mangrove (Rhizophora mangle) wetlands and construct a two-story single-family home. The project includes the construction of 10.5 feet high retaining walls, 6,213 square-foot single-family home with an associated 1,640 square-foot pool deck including a 312 square-foot pool, a 707 square-foot driveway, and a 327 square-foot front walkway for a total of 9,199 square feet of impervious surface. The project is further described on the attached project drawings.
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 proposed project site was chosen due to the low density of built houses nearby. Only 4 houses to the right on Palma Sola Boulevard are present, and the reserve park to the left will allow for quiet and peaceful enjoyment. There was no other readily available lot at the time of our search, at least publicly listed for sale. Some homes were for sale in the area but were completely tear-down projects that would have to be reconstructed and were sandwiched between other larger properties. Impacts to the project site have been avoided and minimized to greatest extent possible for the proposed single-family home. The placement of fill utilizes all of the available uplands on the parcel while meeting the setback requirements imposed by Manatee County. To further minimize the amount of fill placed in jurisdictional wetlands, only a small amount of fill is requested outside of the proposed single-family home to allow for access and maintenance of the proposed structure. Fill for a yard is not requested. The proposed fill will be contained within vertical retaining walls to further limit the proposed fill placed into wetlands at the project site.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes compensation for the loss of jurisdictional waters of the U.S. by purchasing forested estuarine mitigation bank credits. For the unavoidable wetland impacts, the applicant has reserved 0.22 forested estuarine mitigation credits from Mangrove Point Mitigation Bank.
CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES: The Corps made the following determinations pursuant to Section 7 of the Endangered Species Act. Piping Plover (Aphelocoma coerulescens): The project area is located within the Piping Plover Consultation Area. According to the 22 May 2013 Programmatic Piping Plover Biological Opinion, Piping Plover habitat includes publicly owned land where coastal processes are allowed to function, mostly unimpeded. It generally does include public lands consisting of parks, preserves, and natural undeveloped shorelines and dunes. Piping Plover wintering habitat includes beaches, mudflats, sandflats, and barrier island beaches and spoils islands (Haig 1992). Piping Plover can be seen on ocean beaches and sand or algal flats in protected bays (Wilkinson and Spinks 1994). Although Listed Species documented in Manatee County and 2009 “The Distribution and Abundance of Piping Plovers (Charadrius melodus) and Snowy Plovers (Charadrius alexandrinus) on the West Coast of Florida Before and After the 2004/2005 report show a few individuals in Manatee county, the project is located in a natural undeveloped shore of Palma Sola Bay, but the fill impact is within the red mangrove wetland system. Therefore, the Corps has determined that a “No effect” determination is appropriate, and consultation for the Piping Plover is not required.
Florida scrub jay (Aphelocoma coerulescens) - The project area is located within the Florida scrub jay Consultation Area; However, the proposed activities would not directly or indirectly impact suitable foraging habitat for the specie. The Corps has determined the proposal would have no effect on the Florida scrub jay.
Wood stork (Mycteria americana): The project area is located within the Wood Stork foraging area. However, the proposed activities would not directly or indirectly impact the Wood Stork or suitable foraging habitat for the specie. Based upon the review of the Wood Stork Key for Central and North Florida Ecological Services Office dated September 2008, the proposed project resulted in the following sequential determination: A>B>C = “not likely to adversely affect” (NLAA) the wood stork. This determination is based on the project impacting less than 05. Acres of suitable foraging habitat (SFH). Based upon the “NLAA” determination for the Wood Stork, no further coordination is required.
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 0.19 acres of mangrove wetlands that me be potentially utilized by various life stages of EFH species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Palma Sola Bay & Gulf of Mexico. 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.
Navigation: The proposed activity is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Tampa Permits Section by electronic mail to Edgar.W.Garcia@usace.army.mil with the project number, SAJ-2019-00506 in the subject line, within 21 days from the date of this notice. Comments can also be submitted in writing at 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302.
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, Edgar W. Garcia by electronic mail at Edgar.W.Garcia@usace.army.mil, or by telephone at 813-769-7062, or in writing at the Tampa Permits Office at 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610.
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.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP).
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.