SAJ-2014-01243(SP-PJR)

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). The purpose of this public notice is to solicit comments from the public regarding the work 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: Attn: Mr. Christopher Card

                                 Grand Harbor North Land LLC

                               16690 Collins Avenue

                Sunny Isles Beach, Florida 33160

WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Indian River. The project site is located east of US Highway 1 and south of 63^rd Street; at latitude 27.700614° and longitude -80.408517°; in Vero Beach, Indian River County, Florida.

EXISTING CONDITIONS: The Spoonbill Preserve property totals 413.71 acres and consists of fallow citrus groves, mixed wetland hardwoods, upland mixed coniferous/hardwood, reservoirs, mangrove swamps, and a series of agricultural drainage ditches. The project area was maintained for citrus production pre-1957 until the 2010’s. Past disturbances includes drainage ditches and the growth of nuisance and exotic vegetation, primarily Brazilian Pepper (Schinus terebinthifolia), due to unmaintained agricultural land. The Brazilian pepper is concentrated in spoil areas associated with berms from historical mosquito control ditching activity.

An existing FDEP permitted manmade wetland system (Spoonbill Marsh) used for water treatment is located due east of the subject property. Spoonbill Marsh was constructed to filter brine, a byproduct of Indian River County’s reverse-osmosis plant, with water pumped from the Indian River. The water flows through Spoonbill Marsh and is diluted before discharging into ditches feeding back into the Indian River. On the north side of the permitted treatment system is an east/west FDOT drainage ditch which receives runoff from off-site properties and US 1 and flows east (untreated) to discharge to the Indian River. The treatment system and mangrove wetlands at the southeast section of the subject property are separated by a historical agricultural ditch and fill road that connects the upland citrus groves to the shoreline of the Indian River.

PROJECT PURPOSE:

Basic: Construction of a residential development.

Overall: Residential development near Vero Beach, FL.

PROPOSED WORK:  The applicant seeks authorization to:

1. Discharge approximately 5.53 acres of fill into aquatic resources associated with the Indian River.
2. Dredge of a combined 0.06 acres within the Indian River.
3. Excavate uplands within the subject property for creation of an 80-foot wide saltwater serpentine wetland system. The serpentine system proposes treat stormwater from future residential development with water pumped in from the Indian River.
4. Installation of a pile-supported structure (0.02 acres) within the Indian River.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

“The (serpentine treatment wetland) system is designed to mixed water from these sources that will then meander through a created saltwater wetland system where biological activities of plants, bi-valves and marine animals are proposed to remove nutrients and other pollutants prior to discharge into the Indian River Lagoon via a ditch and mangrove wetlands.

… The proposed 67-acre created wetland treatment area will have varying water depths and will result in a significant increase in suitable foraging habitat for wood storks in the post development condition. The estimated suitable foraging habitat in the post development condition will exceed the existing estimated suitable foraging habitat within the project area and no adverse impacts to wood stork foraging are anticipated.

Comments received from Florida Fish and Wildlife Conservation Commission (FWC) verified that the project is consistent with the Indian River County Manatee Protection Plan (MPP) with the adherence to the Standard Manatee Conditions for In-Water Work. Standard special conditions are proposed to be included as part of any project permitting.

The proposed wetland treatment system and future residential development are located in abandoned upland citrus groves with upland cut ditches. The wetland treatment system requires a hydrologic connection to the Indian River Lagoon for an intake channel and an outfall channel. This hydrologic connection will need to cross existing mangrove wetlands to reach the lagoon.

Proposed Avoidance and Minimization measures are summarized as follows:

The applicant has situated these hydrologic connections at the location of existing wetland cut ditches to minimize impacts to mangrove wetlands.

• The proposed intake channel will be constructed in a manner to reduce impacts to adjacent areas and is anticipated to be a temporary impact (over time the channel will recruit plant species and provide habitat similar to pre-construction conditions).
• In order to minimize impacts to wetlands as part of the construction of the boardwalk the decking will be elevated 5 feet above mean high water and have pilings that are wrapped in a polymer to prevent water quality impacts through the leaching of wood preservatives.
• The FDOT ditch is not subject to avoidance and minimization of impacts as it is a man-made feature that is maintained for drainage.”

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

Mitigation to offset the functional losses incurred via direct impacts consists of the purchase of mitigation bank credits from an appropriate bank. The applicant has provided the following statement:

“Based on the UMAM, the total Loss Units associated with the construction of the project is 0.57. For the State Environmental Resource Permit (ERP) the Applicant proposes to offset the wetland and surface water impacts that warrant mitigation with vegetative/hydrologic enhancement of 24.02 acres of wetlands in the southeast portion of the project site. The enhancement activity consists of the removal of Brazilian pepper within mangrove wetlands. A UMAM for the mitigation demonstrates that the wetland enhancement will result in approximately a Functional Gain of 1.68 Lift Units.

There are no permitted wetland mitigation banks offering estuarine wetland mitigation for the service area of this project. Recent guidance from the Corps states that there may be opportunities for project mitigation using mitigation banks that are outside of service areas. The Applicant will coordinate with the Corps to finalize the UMAM assessment as part of the process of finalizing the wetland mitigation for the project.”

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, federally recognized tribes and other interested parties.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern Indigo Snake and Wood Stork and/or their designated critical habitats.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The Corps is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the Corps.

This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.

The work as proposed is not expected to impact habitat utilized by the above listed species therefore our initial determination is 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.

NAVIGATION: The proposed structure or 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 of 1899 (33 USC 408) because the activity, in whole or in part,  would not alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification is required from the St. Johns River Water Management District (SJRWMD). The project is being reviewed under SFWMD application no. 138008-3.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from SJRWMD. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has been verified by Corps personnel.

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.

COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until September 12, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Paul Ruben at paul.j.ruben@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Paul Ruben, 400 High Point Drive Suite 600 Cocoa, FL 32926.  Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

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