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: Sarah Padgett
100 Stingaree Point
Indian River Shores, FL, 32963
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Indian River Lagoon. The project site is located at 100 Stingaree Point, in Section 18, Township 32 South, Range 40 East, Indian River Shores, Indian River County, 32963.
Directions to the site are as follows: Exit I-95 to SR60 and continue until turning onto A1A northbound. Continue North for about 2.5 miles and turn left onto Fred R Tuerk Drive. Follow as the road turns into Sago Palm Road and then make a left onto Stingaree Point. The project site is located on the north side of the road at 100 Stingaree Point.
APPROXIMATE CENTRAL COORDINATES: Latitude 27.691939°
Longitude -80.380153°
PROJECT PURPOSE:
Basic: Residential Development
Overall: Single-family residential development with water access within Indian River Shores.
EXISTING CONDITIONS: The wetland system consists of a Mangrove Swamp system. The onsite vegetation consists of consists of dense black mangrove (Avicennia germinans) and red mangrove (Rhizophora mangle). The existing area surrounding the project area consists of residential single family home developments.
PROPOSED WORK: The applicant seeks authorization to fill approximately 0.2 acres of wetland to facilitate the construction of a single-family development.
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 involves constructing a single-family residence on the property. The project is limited by the unusual parcel shape, surrounding residential developments and adjacent Indian River. As such, no on-site alternatives are viable for the project.
Given the unique site plan requirements and the shape of the site, efforts to avoid wetland impacts are not practical. The proposed mitigation (see below) will provide the same or greater long term ecological value than the wetlands would provide if they were to remain on a developed site.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“Mitigation credits to be purchased from CWG Mitigation Bank is as follows: 0.45 saltwater forested credits for the impacts to on-site wetlands: 0.2-acres of forested wetland. Additionally, 2.87-acres of secondary wetland impacts were also calculated.”
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 has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork (Mycteria americana) or its designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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.
NAVIGATION: The proposed structure 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 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, Corey Maier, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida, 32926; by electronic mail at corey.m.maier@usace.army.mil; or, by telephone at (321) 504-3771 ext. 0015.
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.
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.
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.