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Martin County. Shadow Lake Groves, Inc. Stuart. FL. PROJECT PURPOSE: Basic: The basic project purpose is to construct a mixed used residential, commercial, and institutional development. Overall: The overall project purpose is to construct a mixed used residential, commercial, and institutional development in northern Martin County, Florida.

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: Shadow Lake Groves, Inc.

Knight Kiplinger

2400 SE Federal Highway, Suite 230

Stuart, FL 34994

WATERWAY AND LOCATION: The project is located within waters of the United States associated with the Cypress Creek watershed (HUC 030902060300) and the Bessey Creek-Mapps Creek Frontal watershed (030902060501), in the C-23 and Basin 3 drainage basins. The project site is located in the vicinity of the intersection of Citrus Boulevard and Boat Ramp Avenue, within Sections 3, 4, 5, 6, 8, 9, 10, Township 38S, Range 40E, unincorporated, Martin County, Florida.

Directions to the site are as follows: From I-95 take the exit for Martin County (SR 714) and proceed east on Martin Highway approximately 4 miles to Citrus Boulevard. Turn left on Citrus Boulevard and proceed 1 mile north to the southeast corner of the project site. The site is on both sides of Citrus Boulevard for 4 miles proceeding north until the C-23 Canal.

APPROXIMATE CENTRAL COORDINATES: Latitude: 27.190000°

Longitude: -80.349722°

PROJECT PURPOSE:

Basic: The basic project purpose is to construct a mixed used residential, commercial, and institutional development.

Overall: The overall project purpose is to construct a mixed used residential, commercial, and institutional development in northern Martin County, Florida.

EXISTING CONDITIONS: The 3,400 +/- acre project site is comprised of a variety of agricultural and natural lands. The property includes abandoned citrus grove areas, row crops, sod fields, improved pasture, woodland pasture, pine flatwoods, wetlands, swales, ditches, and canals. While the land use is predominantly agricultural and land cover is primarily comprised of pasture and row crops, there remain considerable areas of natural lands including pine flatwoods and wetland waters of the US, located in both the eastern and western portions of the site. The 3,400 +/- acre project site contains 378.2 +/- acres of wetland Waters of the U.S., 13.5 acres of impounded Waters of the U.S., and 55.8 +/- acres of Non-Wetland Waters of the U.S. in the form of agricultural drainage ditches, irrigation ditches, and excavated water bodies.

While the project site is dominated by altered land covers including cattle pasture, row crop fields, and abandoned citrus groves, the project site does contain several areas of intact native habitat. The natural areas contain relatively intact wetland systems and pine flatwoods. As the hydrologic regime of the site has been historically altered to accommodate agricultural activities, the wetland systems found in proximity to active agricultural uses exhibit signs of hydrologic alteration from agricultural drainage swales, ditches, and canals. For many of these, the upland contributing areas have been converted for agricultural use.

The surrounding areas are comprised of undeveloped lands, rural residential lots, major thoroughfares (Florida’s Turnpike and Citrus Boulevard), drainage infrastructure (C-23 Canal), and single family residential development. The project site is located in an agricultural area located at the fringe of urban development.

PROPOSED WORK: The applicant seeks authorization to place 45,000 cubic yards of fill within 14.4 +/- acres of Wetland Waters of the U.S. (including impounded Waters) and 111,000 cubic yards of fill within 38 +/- acres of Non-Wetland Waters of the U.S. (agricultural swales, ditches, and canals). The fill and excavation are necessary to construct a mixed-use community with associated residential and commercial developments, schools, infrastructure, agriculture, and recreational amenities with direct access to I-95 and Florida’s Turnpike in Martin County.

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 Pineland Prairie project has undergone extensive conceptual planning efforts and site plan revisions based on existing environmental site conditions and the requirement to avoid and minimize impacts to special aquatic sites (Wetland Waters of the U.S.). The compact nature of the proposed site development plan has been designed to avoid and minimize impacts to Wetland Waters of the U.S. to the greatest extent practicable.

Non-Wetland Waters of the U.S. are comprised of man-made features such as swales, ditches and canals located within the site for agricultural drainage and irrigation. Due to their linear and continuous nature, avoidance of Non-Wetland Waters of the U.S. in their geometric configuration is not practicable. In many cases, elimination of these Non-Wetland Waters of the U.S. which function as drainage features will contribute to the enhancement and protection of Wetland Waters of the U.S.to be preserved on site.

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

The unavoidable impacts to Wetland Waters of the U.S. will be offset via an onsite permittee-responsible mitigation program. The subject property is located over two distinct sub-watersheds that are a part of the greater St. Lucie River Watershed which converge towards and drain into the St. Lucie Estuary. As such, the proposed project and onsite mitigation offer significant potential for ecological improvement and restoration opportunities for the Wetland Waters of the U.S. that exist on the property and in the St. Lucie River Watershed. The proposed on site permittee-responsible mitigation will enhance and preserve approximately 377.3 acres of wet prairie and freshwater marsh Wetland Waters of the U.S. integrated with significant areas of native upland preservation. The proposed compensatory mitigation will consist of hydrologic restoration through plugging and removal of ditches and swales that are currently draining Wetland Waters of the U.S. Habitat enhancement will consist of the removal of invasive nuisance and exotic vegetation.

To the degree that this integrated ecological system can generate units of functional gain, those units would be used to offset the functional loss due to the proposed impacts from the project. In the event that those units are not sufficient to fully provide compensation for the proposed wetland impacts, wetland mitigation credits would be purchased from a fully permitted wetland mitigation bank within the same watershed as the proposed impacts.

Non-Wetland Waters of the U.S. will be replaced in kind by the construction of new ponds and surface water conveyance systems.

CULTURAL RESOURCES:

The Corps is aware of historic property/properties within or in close proximity of the permit area. The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida, by separate letter.

ENDANGERED SPECIES: The project is within the range and consultation area of the threatened Audubon’s crested caracara (Polyborus plancus audobonii), Eastern indigo snake (Drymarchon corais couperi), Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida grasshopper sparrow (Ammodramus savannarum floridanus), Florida scrub jay (Aphelocoma coerulescens), red-cockaded woodpecker (Picoides borealis), and wood stork (Mycteria americana).

• May affect, but is not likely to adversely affect the threatened Audubon’s crested caracara (Polyborus plancus audubonii). Portions of the project site offers suitable foraging and nesting habitat for the caracara. According to information available from United States Fish and Wildlife Service (FWS) South Florida Ecological Services Office (SFESO), the closest known nest is over 10 miles from the proposed Project. However, a survey will be conducted according to FWS guidelines at a later date.

• May affect the Eastern indigo snake (Drymarchon corais couperi). The project will impact more than 25 acres of eastern indigo snake habitat. By use of the FWS Eastern Indigo Snake Key dated August 1, 2017, the project results in a path of A>B>C and would result in a “May Affect” determination.

• May affect, but is not likely to adversely affect the Everglade snail kite (Rostrhamus sociabilis plumbeus). No snail kites have been observed on the site. Few if any apple snail shells have been observed on the site. Wetland Waters of the U.S. habitat without apple snails is unlikely to attract this species, unless there are otherwise acceptable roosting or nesting opportunities. The snail kite varies foraging locations based on seasonal conditions, however, there does not appear to be any significant foraging habitat on the subject site for the snail kite. A survey will be conducted according to FWS guidelines at a later date..

• May affect, but is not likely to adversely affect the Florida Grasshopper Sparrow (Ammodramus savannarum floridanus). The project is located within the species consultation area. Habitat for the Florida grasshopper sparrow has been described as dry prairie that is relatively open and low in stature. The habitat consists of treeless, relatively poorly-drained grasslands that have a history of frequent fires. The prairie vegetative community is typically dominated by saw palmetto and dwarf oaks. The project contains areas with suitable habitat for the Florida grasshopper sparrow. A survey will be conducted according to FWS guidelines at a later date.

• No effect to the Florida Scrub Jay (Aphelocoma coerulescens).The project is located within the species consultation area. Suitable habitats for the scrub-jay are not only the more “classic” xeric oak scrub, scrubby pine flatwoods, scrubby coastal strand, and sand pine scrub, but also include: improved, unimproved, and woodland pastures, citrus groves, rangeland, pine flatwoods, longleaf pine xeric oak, sand pine, sand pine plantations, forest regeneration areas, sand other than beaches, disturbed rural land in transition without positive indicators of intended activity, and disturbed burned areas. The project is not located in any of these types of habitats.

• Not Likely to Adversely Affect the wood stork (Mycteria americana). The applicant has proposed compensation for wetland impacts through the use of onsite wetland mitigation. By use of the FWS Wood Stork Key dated January 25, 2010 and the May 18, 2010 addendum, the following key sequence A>B>C>E would result in a “Not Likely to Adversely Affect” (NLAA). Any loss of wood stork foraging biomass resulting from the proposed activity will be compensated on site by the restoration and enhancement of preserved wetlands and the creation of a surface water management system (ponds and vegetated littoral zones). A wood stork foraging biomass analysis will be prepared to evaluate the appropriateness of the proposed wood stork forage loss and gain.

• May affect, but is not likely to adversely affect the Red-cockaded woodpecker (Picoides borealis). The project site contains pine flatwoods, however, this habitat is not suitable RCW foraging or nesting habitat. The study of aerial photographs from the 1950s through the present indicate that a significant portion of the land had been cleared and converted to agricultural fields. The study of the historical aerial photographs also revealed that the entire site was logged out prior to the 1950s as indicated by the sparse tree cover. Timber harvest continues to be integral to the management of the property. While there may be some trees on site that are presumed to be more than 60 years old, the absence of a regular natural fire regime has allowed the sub-canopy to become dominant over the ground cover. As a result, in its current condition, it is not expected that the subject property offers suitable red-cockaded woodpecker foraging or nesting habitat, primarily due to conversion of the land to agricultural uses and the absence of a natural fire regime in the pine flatwoods on the property.

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 project site contains 378.2 acres of freshwater wetlands and 55.8 acres of non-wetland waters. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic region. 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.

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.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Palm Beach Gardens Permits Section, 4400 PGA Boulevard Suite 500, Palm Beach Gardens, Florida 33410 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, Trey Fraley, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at robert.h.fraley@usace.army.mil, or, by telephone at (561) 472-3526.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

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.

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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