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). The purpose of this public notice is to solicit comments from the public regarding the work described below:
AGENT: Andrew Conklin
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Banana River. The project/review area is located at 3860 S. Courtenay Pkwy. in Section 19, Township 25S, Range 37E; at Latitude 28.29132° and Longitude -80.67196°; in Merritt Island, Brevard County, Florida.
EXISTING CONDITIONS: The property is a 1.63-acre parcel located between S. Courtenay Parkway and the Banana River. It consists of 1.31 acres of estuarine wetlands and 0.32 acres of upland berms. The wetlands have been heavily impacted by historic berm and ditch construction and exotic species infestation.
PROJECT PURPOSE:
Basic: Residential construction
Overall: Construction of a single-family home in Merritt Island, Brevard County.
BACKGROUND: A permit was issued on January 20, 2011, for the same project type under SAJ-2009-02572 with an expiration date of January 20, 2016. The permittee was issued an extension to January 20, 2018. Due to economic and other reasons, the project was not constructed. The applicant has applied for re-issuance of the permit for a very similar plan in the same footprint as previously authorized.
PROPOSED WORK: The applicant proposes to fill 0.32 acres of wetlands for the purpose of constructing a single-family home.
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 applicant has minimized wetland impacts by utilizing the existing berms for the entrance driveway, driveway pad, and stormwater treatment system, and by locating the proposed improvements significantly westward of the shoreline ecosystem. Vertical stem walls are proposed on the north and east sides of the fill pad to reduce wetland impacts associated with side slopes. As stated, the proposed impacts are no more than were previously permitted.”
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The UMAM impact scoring for the proposed direct and secondary wetland impacts is calculated at 0.230 units of Functional Loss. To compensate for direct wetland impacts of 0.32 acres, the applicant proposes to utilize the 0.30 credits already purchased at Bear 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, federally recognized tribes and other interested parties.
ENDANGERED SPECIES: The Corps has performed an initial review of the application, using the US Fish and Wildlife (USFWS) Information for Planning and Consultation (IPaC), and completed a Regulatory Screening Tool (RST) report with the following species listed as possibly occurring in the vicinity of the project area:
|
Species Name (common (scientific))
|
Federal Status
|
|
Carter's mustard (Warea carteri)
|
Endangered
|
|
Crested caracara (Audubon's) [FL DPS] (Caracara plancus audubonii)
|
Threatened
|
|
Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis)
|
Threatened
|
|
Eastern indigo snake (Drymarchon couperi)
|
Threatened
|
|
Everglade snail kite (Rostrhamus sociabilis plumbeus)
|
Endangered
|
|
Lewton's polygala (Polygala lewtonii)
|
Endangered
|
|
Monarch butterfly (Danaus plexippus)
|
Proposed Threatened
|
|
rufa red knot (Calidris canutus rufa)
|
Threatened
|
|
West Indian Manatee (Trichechus manatus)
|
Threatened
|
|
Wood stork (Mycteria americana)
|
Threatened
|
The Corps has determined the project is “not likely to adversely affect” (NLAA) the Eastern Indigo Snake due to the following sequence from the 2013 USFWS Effect Determination Key: A-B-C-"NLAA". The permit will be conditioned with the “Standard Protection Measures for the Eastern Indigo Snake”. Through use of the key and special conditions, the requirements of Section 7 of the ESA have been fulfilled, and no further action is required.
The Corps has determined that the project site is within Wood Stork Core Foraging Areas (CFA) but due to the overgrowth and preponderance of exotic plants, it does not contain Suitable Foraging Habitat (SFH). The Corps has determined the project will “not effect” the Wood Stork due to the following sequence from the 2008 USFWS North Key: A-B= No effect.
The Corps has made the determination of “No Effect” on the remainder of the species listed above due to the lack of suitable habitat on site.
Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.
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.
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 was granted via the issuance of permit # 0296288-002 by the Florida Department of Environmental Protection on 31 July 2025.
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence was granted via the issuance of permit # 0296288-002 by the Florida Department of Environmental Protection on 31 July 2025.
NOTE: This public notice is being issued based on information furnished by the applicant or their agent. 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 not yet been officially 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.
COMMENTS: The Corps is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties 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 October 20, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Brian West at brian.a.west@usace.army.mil. Alternatively, you may submit comments in writing to: U.S. Army Corps of Engineers, Attention: Brian West, 400 High Point Dr., Ste. 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.
Click here for public notice and graphics