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SAJ-2024-01768 (SP-PJR)

Jacksonville District
Published April 1, 2025
Expiration date: 5/1/2025

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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403) and Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below.

If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at paul.j.ruben@usace.army.mil.

APPLICANT: Oak Ridge Ranches LLC, Oak Ridge Commercial LLC, and

                        Oak Ridge Resi Investments LLC

Attn: Mr. James Harvey

105 NE 1st Street

Delray Beach, FL 33444

 

WATERWAY AND LOCATION: The project would affect aquatic resources associated with the C-24 Canal. The project is located south of and adjacent to the C-24 Canal, north of the intersection of Glades Cut-Off Road and Range Line Road in Sections 23, 25, 35 & 36 South, Township 36 South, Range 38 East, and Sections 1 & 2, Township 37 South, Range 38 East, St. Lucie County, Florida.

 

Directions to the site are as follows: From I-95, take exit 126 (Midway Road) in St. Lucie County. Go east on Midway Road for 1.5 miles to Glades Cut-Off Road. Head southwest on Glades Cut-Off for 7.5 miles just past its intersection with Range Line Road. The subject site has several gated entrances on the north side of Glades Cut-Off Road which are locked due to cattle and hunting operations. 

 

APPROXIMATE CENTRAL COORDINATES:    Latitude 27.305155°

                                                                            Longitude -80.497454°

 

PROJECT PURPOSE:

Basic: Construction of a mixed use development.

Overall: Residential housing and commercial/civic facilities near Port St. Lucie, FL.

EXISTING CONDITIONS: The project area totals approximately 3,229 acres and consists of unimproved pasture, wetlands, and a system of ditches connected to the C-24 Canal. The wetland system includes freshwater (non-tidal) marshes, hydric pine flatwoods, and wet prairies. The existing ditches were previously excavated for citrus row cropping and now serve cattle grazing operations. The surrounding area consist of unimproved pasture, disturbed prairie and pine flatwoods, row cropping, solar farms, and single-family residential development.

 

PROPOSED WORK: The applicant seeks authorization to discharge fill into a total of approximately 75.7 acres of wetlands, 59.1 acres of non-wetland waters, and installation of an outfall structure into the C-24 Canal.

 

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:

 

“Alternative sites and site plans were considered for this project. Alternative sites included those outside of St. Lucie County’s Urban Services Boundary (USB). The USB directs higher density/intensity development to certain areas of the County by providing for the availability of essential infrastructure (roads, potable water, sanitary sewer, public safety, etc.).  The USB in St. Lucie County was recently expanded to include the entirety of the Oak Ridge Ranches project site, as well as additional sites to the east and south. As such, site planning took into consideration preservation of the highest quality wetlands on-site along with their associated native upland buffers resulting in a total of over 588 acres of preserve generally concentrated among three distinct habitat “blocks” located in the southwestern, central, and northeastern portions of the site where the highest quality wetlands are located.  Wetland waters and non-wetland waters to be impacted are generally low quality having been impacted for decades by the agricultural drainage network supporting the historic cattle grazing operation which continues to present day. 

 

Non-wetland waters are exclusively comprised of man-made agricultural ditches and canals in a geometric pattern across the majority of the site, eventually discharging to the C-24 Canal to the north. Due to their linear nature, avoidance of non-wetland waters is not practicable. In addition, the elimination of these non-wetland waters which function as drainage features will contribute to the enhancement and protection of the wetland to be preserved on site.

 

Impacts to non-wetland waters are proposed, but south-to-north canals will be improved (widened/cleaned) in order to provide adequate drainage for the region which is a significant public benefit as these canals are not currently maintained and contain dense quantities of nuisance and invasive vegetation.”

 

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

 

The applicant has proposed to purchase credits from a Corps approved mitigation bank that serves the project area.

 

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 following species:

 

Audubon’s Crested Caracara (Caracara plancus audubonii): The project area is located within a U.S. Fish and Wildlife Service (USFWS) designated consultation area for the Audubon’s crested caracara. Suitable foraging and nesting habitat are located throughout the project area. Surveys have been performed by the applicant’s consultant from the 2022, 2023, and 2024 breeding season. Numerous individuals and pairs of crested caracara were observed on and near the project site during surveys. No nests were identified on-site. There is a documented and currently active crested caracara nest located east of and adjacent to Range Line Road approximately two miles south of the project area. The Corps will request consultation with USFWS for this species.

 

Eastern black rail (Laterallus jamaicensis ssp. jamaicensis): The project area offers limited suitable foraging and nesting habitat for the species as it prefers taller marsh vegetation such as cattail and bulrush. The applicant’s consultant completed surveys throughout various freshwater wetland types on-site during the 2023 nesting season and no individuals were observed. The Corps preliminary determination is that the proposed activity “may affect, but is not likely to adversely affect” Eastern back rail. The Corps will request concurrence with USFWS for this species.

 

Eastern Indigo Snake (Drymarchon corais couperi): The Corps evaluated potential effects to this species using the Consultation Key for the Eastern Indigo Snake – Revised (August 2017). Use of this key resulted in the sequential determination A>B>C= “May affect.” The Project will impact over 25 acres of agricultural fields. The Corps will request consultation with the USFWS for Eastern indigo snake.

 

Everglades Snail kite (Rostrhamus sociabilis plumbeus): The proposed activity is outside of Everglades snail kite critical habitat. Apple snails, the kite’s primary diet, have not been observed within the aquatic features onsite by the applicant’s consultant.  Observations in 2024 found no use of the Project site by Everglades snail kite. The Corps preliminary determination is that the Project “may affect, but is not likely to adversely affect” (MANLAA) snail kite. The Corps will request concurrence from the USFWS for this species.

 

Wood Stork (Mycteria americana): The proposed activity is within wood stork Core Foraging Areas (CFA). The project area supports Suitable Foraging Habitat (SFH) within seasonally flooded agricultural ditches and freshwater marshes. The onsite SFH is capable of supporting concentrations of small fish, frogs, and other aquatic prey. Use of the South Florida Programmatic Concurrence (January 2010) determination key resulted in a sequence of A>B>C>D>E= Not likely to adversely affect (NLAA). The applicant has provided a SFH compensation in accordance with the Clean Water Act 404 (b)(1) guidelines within the appropriate CFA. The Corps will request concurrence with the USFWS regarding the provided wood stork forage biomass analysis and compensation plan.

 

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 2.98 acres of mixed forested wetland that is not utilized by EFH. The proposed action will have no effect to 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.

 

Navigation: The proposed activity is not located in the vicinity of a federal navigation channel.

 

SECTION 408: The applicant will 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 (Central & Southern Florida C&SF (C-24 Canal)).

 

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, Cocoa, Florida, 32926 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, Paul Ruben, in writing at the Cocoa Permits Section, 400 High Point Drive, Cocoa, Florida, 32926; by electronic mail at paul.j.ruben@usace.army.mil; or by telephone at (321) 504-3771 extension 0026.

 

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.

 

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 South Florida Water Management District (SFWMD).

 

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.

 

 

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