HomeMy WebLinkAboutARMY CORPS ENGINEERSAPPROVED JURISDICTIONAL DETERMNATION FORM SCANNED
U.S. Army Corps of Engineers 13Y
St. Lucie Count
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook- y
SECTION 1, BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMWA17ON (JD): 1 August 2017
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAJ-RD-SP, Venture Out Jurisdictional Determination, SAJ-2017-00620
(JD-REIF)
c. PROJECT LOCATION AND BACKGROUND INFORM[AT][ON: This site consists of a 0.22 acre parcel (St. Lucie County Parcel
ID No. 4511-510-0000-000-7) which is located adjacent to 10701 South Oman Drive in Section 11, Township 37 South, Range 41 East
Jensen Beach, St. Lucie County, Florida. The review area for this juridictional determination included this vacant lot adjacent to the road and
signIc family residence.
State.FL Countylparishlborougb: St. Lucie City: Jensen Beach
Center coordinates of site (lattlong in degree decimal format): Lat. 27.2728600 N, Long. -80.2095290 W,
Universal Transverse Mercator: 17
Name of nearest waterbody: Indian River Lagoon
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: N/A
Name of watershed or Hydrologic Unit Code (HUC): 0309020605 South Fork of the St. Lucie River -Indian River
Check if map/diagram of review area and/or potential jurisdictional areas is/we available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc ... ) we associated with this action and we recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CBECK ALL THAT APPLY):
M Office (Desk) Determination. Date: I August 2017
EJ Field Determination. Date(s):
SECTION 11: SUNEVIARY OF FINDINGS
A. BHA SECTION 10 DETERMINATION OF JURISDICTION.
There � "turvigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Requireal
E! Waters subject to the ebb and flow of the firk.
El Waters are presently used, or have been used in the pas� or maybe susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
Them �&:Fenq "waters ofthe US." within Clem Water Act (CWA) juri�diction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):
TNWs, including territorial seas
RI Wetlands adjacent to TNWs
E] Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWS that flow directly or indirectly into TNWs
F1 Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
M Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
El Impoundments ofjudsdictional waters
M Isolated (interstate or intrastate) waters , including isolated wetlands
b. Identify (estimate) sin of waters of the U.S. in the review area:
Non -wetland waters: linear feet: width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: N/A
Elevation of established OHWM (if known):
File COPY
2. Non -regulated waters/wetlands (check if applicable): 3
E] PotentiaUyjurisdictional waters and/or wetlands were assessed within the review area and determined to be notjurisdictional.
Explain:
I Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of Us form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least -seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section 1111.
SECTION M- CWA ANALYSIS
A. TNWS AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs- If the aquatic resource is a TNW, complete
Section MA.1 and Section 111I.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections M.A.1 and 2
and Section M.D.I.; otherwise, see Section HLB below.
I. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Welland adjacent to TNW
Summarize: rationale supporting conclusion thatwetland is "adjacent":
B. CHARACTEJUSTICS OF TflIBUTARY (MAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY)
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RpWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section lH.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterhorly has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section)[II.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section M.B.3 for all wetlands adjacent to that tributary, both ousite
and offlite. The determination whether a significant nexus exists is determined in Section 111C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Fick -List
Drainage area: T�tck ]list
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
[I Tributary flows directly into TNW.
E] Tributary flows through Fick —List tributaries before entering TNW,
project waters are F&klist river miles from TNW.
111�� 1� .
Project waters are PickList river miles from RPW.
Project waters are aerial (straight) miles from TNW.
Project waters are Jk:ichki4 aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW':
4 Note that the Instructional Guidebook contains additional inforinati,, regarding swales, ditches, washes, and erosional ficatiffeS generally and in the and
west. which then flows into TNW
' Flow mute can be described by identifying, e.g., tributary a, which flows through the review areo�, to flow into tributary b,
Tributary stream order, if known:
(b) General Tributary Chgagracterislics (check all that apply):
Tributary is: n Natural
E] Artificial (man-made). Explain:
El Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: f0k—T�imt-
Primary tributary substrate composition (check all that apply): F-1 Concrete
F1 Silts 0 Sands F1 Muck
n Cobbles F] Gravel
F1 Bedrock Vegetation. Type/o/o cover:
n other. Explain:
Tributary condition/stabilitY [e.g., ljgllly eroding, sloughing banks]. Explain:
Presence of ruD/rifflelpool complexes. Explain:
Tributary geometry: i_'i-c_k—_U--st
Tributary gradient (approximate average slope): %
(C) Fim
Tributary provides for: FickLRI:
Estimate average number of flow events in review area/year: Ft kList
Describe flow regime:
other information on duration and volume:
Surface flow is: E,�—kLB�"t. Characteristics:
Subsurface flow: ki7c�kLl��I. Explain findings:
[3 Dye (or other) test performed:
Tributary has (check all that apply):
F1 Bed and banks
M OHWM6 (check all indicators that apply):
E] clear, natural line impressed on the bank
El
[] changes in the character of soil
F-1
E] shelving
F1
El vegetation matted down, bent, or absent
[] leaf litter disturbed or washed away
El sediment deposition
F-1
El water staining
El other (list):
F1 Discontinuous OH'WM-' Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scom
multiple observed or predicted flow events
abrupt change in plant community
if factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
iiigh Tide Line indicated by. E] Mean High Water Mark indicated by:
E] oil or so= line along shore objects survey to available datum;
E] fine shell or debris deposits (foreshore) physical markings;
physical markings/characteristics F1 vegetation lincs/changes in vegetation types.
tidal gauges
El other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general i��atershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
6A natural or man-made discontmuity in the OHWM does not necessarily sevarjurisdiction (e.g where the su,,an, temporarily flows underground, or where
the OHWM hasbeenretnovedby development or agricultural practices). Where there is a b;��fti the OHWM that is unrelated to the waterbodY's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break
71bid.
Riparian corridor. Chanic;teriStieS (type, average width):
Wetlad fringe. Characteristics:
F-1 Habitat for:
E] Federally Listed species. Explain findings:
F-1 Fish/spawn areas. Explain findings:
F1 Other enviromentallY-semitive species. Explain findings:
M Aquatie/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Fxplahl:
Cb) General Flow Relationship with Non-TNW:
Flow is: TE�:i�ce. . xPlain:
Surface flow is: Ace
Characteristics:
Subsurface flow: k�,C
� Cist. Explain findings:
El Dye (or other) test performed:
(c) Wetland Adjacenn Determination with Non-TNW:
Directly abutting
Not directly abutting
F1 Discrete wetland hydrologic connection- Explain:
Ecological connection. Explain:
Separated by berni/barrier. Explain:
(d) Proximity �elationslu �tOTNW
project wetlands arePielvUst river miles from TNW.
project waters are PichnLiat serial (straight) miles from TNW.
Flow is from: Pi- L'
Estimate approximate location of wetland as within the ELA�Lait floodplain.
(ii) Chemical Characteristics: e cral watershed
Characterize wetland system (e.g., water color is clear, brown, oil fihn on surface; water quality; 9 n
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
n Riparian buffer. Characteristics (type, average width):
E] Vegetation type/percent cover. Explain:
F1 Habitat for:
El Federally Listed species. Explain findings:
[I Fish/spawn areas. Explain findings:
other environmentally -sensitive Species. Explain findings:
Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)-- —
All wetland(s) being considered in the cumulative analysis: Kk Bit
Approximately acres in total are being considered in ��e—c�rmflative analysis.
For each wetlond, specify the following:
Directly abuts? (YM Size (in acres) Directly abuts? (Y&D Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW-
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if my), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW9.
• Does the tributary, in combination with its adjacent wetlands (if my), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if my), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if my), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section JIM:
2. Significant nexus findings for non-RPNVI and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section 111.1):
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RrW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section M.D:
D. DETERMINATIONS OF SURISDICTTONAL FINDINGS. THE SUBJECTWATERSfWETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
El TNWs: linesir feet width (ft), Or, acres.
Wetlands adjacent to TNWS: acres.
RPWs that now directly or indirectly into TNWS.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
Tributaries of TNW where tributaries have continuous flow "seasonally' (e.g., typically three months each year) are flows
jurisdictional. Data supporting this conclusion is provided at Section 111.13. Provide rationale indicating th I at tributary
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs8 that flow directly or indirectly into TNWs.
Waterbody that is not a IWW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section M.C.
Provide estimates forjurisdictional waters within the review area (check all that apply):
Q Tributary waters: linear feet width (ft).
ED Other non -wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RrW that flow directly or indirectly into TNWs-
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands dincetly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section M.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section 111I.B and rationale in Section M.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates forjurisdictional wetlands in the review area: acres.
1
5. Wetlands adjacent to but not directly abutting an RpW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they me adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW arejurisidictional. Data supporting this
conclusionisprovidedatSectionIII.C.
Provide acreage estimates for jurisdictional wetlands in the review arew acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section EI.C.
Provide estimates forjurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.'
As a general rule, the impoundment of ajurisdictional tributary remains jurisdictional.
I
Demonstrate that impoundment was created from "waters of the U.S., , or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INIRA-STATEI WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMAIERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY): 10
EJ which are or could be used by interstate or foreign travelers for recreational or other purposes.
F-1 from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
F1 which are or could be wed for industrial purposes by industries in interstate commerce.
7: Interstate isolated waters. Explain:
Other factors. Explain:
Identify water body and summarize rationale supporting determination:
8See Footnote 4 3.
9 To complete the analysis refer to the key in Section IILD.6 of the Instructional Guidebook.
11 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Mmorandum Regarding CWA Act Jurisdiction Following Rapanos.
Provide estimates for jurisdictional waters in the review area (check all that apply):
E], Tributary waters: linear feet width (ft).
El other non -wetland waters: acres -
identify type(s) of waters:
EJ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
if potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetlarid Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (Or foreign) commerce.
Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based s� on the
"Migratory Bird Rule"(MBR).
F1 Waters do not meet the "Significant Nexus�'standsad, whore such a finding is required forjurisdiction. Explain:
[I Other: (explain, if not covered above):
Provide acreage estimates for non -jurisdictional waters in the review area, where the sole potential basis ofjmisdiction is the MBR
factors (i.e., presence of migratory birds, prosence, of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
El Non -wetland waters (i.e., rivers, streams): linear feet width (ft).
E] Lakes/ponds: acres.
F1 Other non -wetland waters: acres. List type of aquatic resource:
F1 Wetlands: acres.
Provide acreage estimates for non-jurisdictionad waters in the review area that do not meet the "Significant Nexae' starodard. where such
a finding is required for jurisdiction (check all that apply):
Non -wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other rion-wetland waters: acres. List type of aquatic resource:
F1 Wetlands: acres.
SECTION IV: DATA SOURCES
A. SUPPORTING DATA. Data reviewed for JD (ebeek all that apply - checked items shall be included in cue file and, where checked
and requested, appropriately reference sources below):
[Q Maps, plans, plots or plat submitted by or on behalf of the applicandconsultant: Linda Petz.
El Data sheets prepared/submitted by or on behalf of the applicaralconsultant.
Office concurs with data sheets/delineation report.
office does not concur with data sheets/delineation report.
El Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas: RUC 10: 030902 1 0605 South Fork of the St Lucie River -Indian River.
USGS NHD darta.
USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:
USDANatural Resources Conservation Service Soil Survey. Citation: Map Unit -4 Arents, 0-5 Percent Slopes..
Z National wetlands inventory map(s). Cite name*.None.
El State/Local wetland inventory map(s):
El FEMA/FMM maps:
El 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: N Aerial (Name & Date):. Google Earth Imagery 5 January 2017.
or F-1 Other (Name & Date):.
Previous determination(s) File no. and date of response letter:
-Applicable/supporting case law:
Applicable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COM1%IENTS TO SUPPORT JD: Based on photos and an application submitted by the agent it was determined that
the project area is entirely upland. The project area is a mowed grass lot adjacent to a road. Additionally, the general laildform. is convex and
NRcs Soil Maps indicate that the major soil type present (Map Unit-4 Arems) does not have a hydric rating.
-Y Lines
'-t -00620
SAj-2017-00620
'S 2017
Venture out at Indian River Inc.,
Jurisdictional Determination
L
JA
M"%A� 71M.13-1
qe
Ilk
Vx"-
Z
19 24'N
27. low
� 162qN
Map Seale: 1:907 ff printed on A Landsaaoe (It!' x 83) sheeL
meters
N 0 �1020 40
�Feet
0 40 80 160 240
MppMe:tIon:VVebMeroabor ComercoordinatmWG584 Edge tics! U-M Zone 17N WGS84 81112017
Web Soil Survey Page 1 of 3
uSDA Natural Resources Nafional Cooperative Soil Survey
i--� Conservation Service
2P 162WN
MAP LEGEND
Area of Interest (AD])
F7 Area of Interest (AOl)
Solis
Soil Map Unit Polygons
Soil Map Unit Lines
E3 Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
)K Clay Spot
0 Closed Depression
x Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
V Rock Outcrop
+ Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Side or Slip
Sodic Spot
Soil Map —St. Lucie County, Florida
(SAJ-2017-00620)
MAP INFORMATION
The soil surveys that comprise your A01 were mapped at
Spoil Area
1:24,000.
Stony Spot
Warning: Soil Map may not be valid at this scale.
Very Stony Spot
Enlargement of maps beyond the scale of mapping can cause
Wet Spot
misunderstanding of the detail of mapping and accuracy of soil
7ffs 'I]
Other
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
Special Line Features
scale.
Water Features
Please rely on the bar scale on each map sheet for map
Streams and Canals
measurements.
Transportation
SourceofMap: Natural Resources Conservation Service
Falls
Web Soil Survey URL:
interstate Highways
Coordinate System: Web Mercator (EPSG:3857)
US Routes
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
Major Roads
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
Law[ Roads
accurate calculations of distance or area are required.
Background
This product is generated from the LISDA-NRCS certified data as
Aerial Photography
of the version date(s) listed below.
Soil Survey Area: St. Lucie County, Florida
SurveyAreaData: Version 9, Sep 16, 2016
Soil map units are labeled (as space aftom) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Feb 14, 2015—MaY
8,2015
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
Web Soil Survey 8/1/2017
usDA Natural Resources Page 2 of 3
Niiiiiiiiiiiii Conservation Service National Cooperative Soil Survey
I
Soil Map —St. Lucie County, Florida
Map Unit Legend
SAJ-2017-00620
St Lucie County, Florida (FL111)
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of A01 —
4
Arents, 0 to 5 percent slopes
0.2
100.0%
100
Waters of the Atlantic Ocean
0.0
0.0%
Totals for Area of Interest
0.2
100.0%
USDA Natural Resources Web Soil Survey 811/2017
Conservation Service National Cooperative Soil Survey Page 3 of 3
W".
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
n "00 PGA BOULEVARD, SUITE 500
PALM BEACH GARDENS, FLORIDA 33410
August 16, 2017
REPLYTO
ATTENTION OF
Regulatory Division
South Permits Branch
Palm Beach Gardens Permits Section
SAJ-2017-00620(NPR-RHF)
Venture Out at Indian River Inc. Condominium
c/o Elvis Rock
10701 South Ocean Drive
Jensen Beach, Florida 34957
Dear Mr. Rock:
Reference is made to the application received on June 7, 2017, for a Department of
the Army permit to construct an upland retaining wall on a 0.22-acre undeveloped
parcel (St. Lucie County Parcel ID No 4511-510-0000-000-7). The proposed project
site is located at 10701 South Ocean Drive, in Section 11, Township 37 South, Range
41 East, Jensen Beach, St. Lucie County, Florida. The application has been assigned
the file number SAJ-2017-00620.
The project as proposed will not require a Department of the Army permit in
accorda�nce with Section 10 of the Rivers and Harbors Act of 1899 as it is not located
within the navigable waters of the United States. Furthermore, a permit will not be
required in accordance with Section 404 of the Clean Water Act as it will not involve the
discharge of dredged or fill material into waters of the United States. Provided the work
is done in accordance with the enclosed drawings, Department of the Army
authorization will not be required.
This letter contains an approved jurisdictional determination for your subject site. If
you object to this determination/decision, you may request an administrative appeal
under Corps' regulations at 33 CFR Part 331. Enclosed you will find a Notification of
Appeal Process fact sheet and Request for Appeal (RFA) form. If you request to
appeal this determination/decision, you must submit a completed RFA form to the
South Atlantic Division Office at the following address:
Mr. Jason Steele
South Atlantic Division
U.S. Army Corps of Engineers
----CESAD-CM-CO-R, Room 9M15
60 Forsyth St., SW.
Atlanta, Georgia 3030.3-8801.
I File COPY
-2-
Mr. Steele can be reached by telephone number at 404-562-5137, or by facsimile at
404-562-5138.
In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has
been received by the Division office within 60 days of the date of the RFA. Should you
decide to submit an RFA form, it must be received at the above address by October 14,
2017. It is not necessary to submit an RFA form to the Division office, if you do not
object to the determination/decision in this letter.
This determination has been conducted to identify the limits of the Corps Clean
Water Act jurisdiction for the particular site identified in this request. This determination
may not be valid for the wetland conservation provisions of the Food Security Act of
1985, as amended. If you or your tenant are U.S. Department of Agriculture (USDA)
program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources
Conservation Service prior to starting work. Please be advised this determination
reflects current policy and regulations and is valid for a period of no longer than 5 years
from the date of this letter unless new information warrants a revision of the
determination before the expiration date. If after the 5-year period, the Corps has not
specifically revalidated this determination, it will automatically expire. Any reliance upon
this determination beyond the expiration date may lead to possible violation of current
Federal laws and/or regulation.
Additionally, your project site may contain species protected by the Endangered
Species Act (ESA) of 1972, as amended. You should contact your local U.S. Fish and
Wildlife Service (FWS) office to determine if federally listed species or their habitat are
present on your project site. If it is determined that federally listed species may be
affected by the proposed project, authorization for "incidental take" may be required.
FWS offices can be contacted by the following telephone numbers: Jacksonville at
904-232-2580, Panama City at 850-769-0552, St. Petersburg at 727-570-5398, or Vero
Beach at 772-562-3909.
This letter does not obviate the requirement to obtain any other Federal, State, or
local permits that may be necessary for your project. Should you have any questions,
please contact Trey Fraley at the letterhead address or by telephone at 561-472-3526.
Thank you for your cooperation with our permit program. The Corps Jacksonville
District Regulatory Division is committed to improving service to our customers. We
strive to perform our duty in a friendly and timely manner while working to preserve our
environment. We invite you to take a few minutes to visit
-3-
hftp://per2.nwp.usace.army.mii/survey.html and complete our automated Customer
Service Survey. Your input is appreciated — favorable or otherwise. Please be aware
this web address is case sensitive and should be entered as it appears above.
Sincerely,
4&ajaA-�' 61
Alisa Zarbo
Palm Beach Gardens Section Chief
Enclosures
Copies Furnished:
Agent: Linda Petz, Linda Petz Environmental Consulting, LLC
Applicant: Elvis Rock, Venture Out at Indian River Inc.
�',771-774R'
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Applicant: Elvis Rock File Number: SAJ-2017-00620 Date: August 16, 2017
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL G
X
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SEGTI IN '�7
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A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT If you received a Standard Permit, you may sign the permit document and return it to the district engineer
for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is
authorized. Your signature on the Standard.Permit or acceptance of the LOP means that you accept the permit in its
entiretj� and waive all rights to appeal the permit, including its terms and conditions, and approvedjurisdictional
determinations associated with the permit
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may
request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the
district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,
or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will
evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to
address some of your objections, or (c) not modify the permit having determined that the permit should be issued as
previously written. After evaluating your objections, the district engineer will send you a proffered permit for your
reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT If you received a Standard Permit, you may sign the permit document and return it to the district engineer
for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is
authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its
entirety, and waive all rights to appeal the permit, including its terms and conditions, and approvedjurisdictional
determinations associated with the permit.
• APPEAL: If YOU choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions
therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the
division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal
Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days
of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the
—approved JD
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer.
This form must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be
appealed), by contacting the Corps district forfurther instruction. Also you may provide new information for further
consideration bythe Corps to reevaluate the JD.
�SEOTT 10 M 11", -1,AE 0 UE 8T�� RD R;ApP,!HALr',6r,,,o 81 EC-Ti o N$,,T-0j'ANJN rnALI pR E'k
, �O`FFEED,,'P
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where
your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for
the record of the appeal conference or meeting, and any supplemental information that the review officer has determined
is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses
to the record. However, you may provide additional information to clarify the location of information that is already in the
administrative record.
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process
appeal process you may contact:
you may also contact:
Project Manager as noted in letter
Jason Steele
404-562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a
15 day notice of any site investigation, and Vill have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
0
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Permit Nnmb�r
56-0351581-001-EE
Southeast District
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Section lProposed Retaining Wall
The work specified herein
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Building Code (5th Ed,
First Printing March 2015).
All codes reference herein
are per the latest adopted
edition.
Wilco Construction, Inc.
(772)460-6928; Fax (772)460-6929
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2. Install retaining per survey In upland area.
3. SG 425, B'vinyl sheet piling w/ min. #3
50% solidifirm ground penetration. @2'
tierod ends w/backing
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Cross Venture Out at Indian River Inc.
Section Proposed Retaining Wall
The work specified herein
has been designed and all
work shall be in accordance
with the 2014 Florida
Building Code (5th Ed.,
First Printing March 2015).
All codes reference herein
are per the latest adopted
ediflon.
Wilco Construction, Inc.
(772)460-6928; Fax (772)460-6929
11
Scale:
Dim
4%