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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

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SAJ-1996-06485(SP-LCK)

Posted: 8/16/2017

Expiration date: 9/6/2017


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) as described below:

APPLICANT: Republic Western Investments Company, LLC
                      Behzad Nhmadi
                      2049 Century Park E, Suite 3630
                      Los Angeles, CA 90067

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Indian River Lagoon, located west of the Fort Pierce Inlet, along the south bridge to Hutchinson Island. The project site is located at 1004, 1006, and 1010 Seaway Drive, Section 2, Township 35 South, Range 40 East, Fort Pierce, St. Lucie County, Florida.

Directions to the site are as follows: To access this site from St. Lucie County, travel north on U.S. Highway 1, then head east on Seaway Drive over the South Fort Pierce Causeway. The site is located at 1004 and 1010 Seaway Drive on South Hutchinson Island.

APPROXIMATE CENTRAL COORDINATES:

Latitude:     27.4635°
Longitude: -80.3047°

PROJECT PURPOSE:

Basic: The basic project purpose is for the expansion of a multi-slip dock facility

Overall: The overall project purpose is for the expansion of a multi-slip dock facility in the Fort Pierce Inlet Marina in eastern St. Lucie County.

EXISTING CONDITIONS: The existing site is located on three separate parcels: 1004, 1006, and 1010 Seaway Drive, located the Indian River Lagoon, an estuary. The docking facility at 1010 Seaway Drive currently has a 39 slip docking facility (790 square feet), which accommodates vessels ranging from 25 feet to 70 feet with drafts from 2-5 feet. There is an existing 207 linear foot seawall. A seagrass survey was conducted on August 26, 2016 that described the bottom substrate as light sand/silt mix with no seagrasses present within the project area. The depths within the marina vary from 3 to 13-feet at mean low water.

PROJECT HISTORY: The Department of the Army (DA) issued a permit on May 8 1997, to renovate an existing marina by reconstruction portions of an existing 38-slip boat dock, relocating an L-shaped dock to accommodate 13 additional slips, constructing a retaining wall 114 feet in length, and dredging approximately 1,725 cy of material from the marina basin to -6 feet NGVD.

The Corps issued a modification on 25 August 1997 authorizing the construction of finger piers on the east side of the west dock in place of parallel berthing. Additionally, finger piers on the east dock will be reconstructed and slighting relocated for slip width consistency. The Corps issued a modification on 4 August 1998 to reconfigure the west dock from 13-slips to 19-slips. The Corps issued a modification on 28 December 1998 to 1. Widen a 111-foot section of the access dock from 6-feet to 8-feet, 2. Construct a 29.7-foot by 20.5-foot dock extension the east side of the main pier, and 3. Construct a 24.7-foot by 5-foot dock extension on the west side of the main pier.

The Corps issued a permit on 10 November 2009, authorizing the construction of a 44-slip docking facility within the approximate location of a previously authorized 13-slip facility. The 44-slip docking facility will consist of the following:

1. Install 10-foot by 555-foot (5,550 square foot) access walkway;
2. Install 10-foot by 150-foot (1,500 square foot) terminal platform;
3. Install seven 4-foot by 17-foot (478 square feet total) finger piers within slips 1-13 along the access walkway;
4. Install twelve 5-foot by 32-foot (1.920 square feet total) finger piers within slips 14-25 and 34-44 along the access walkway;
5. Install three 5-foot by 48-foot (720 square feet total) finger piers within slips 27-32 waterward of the terminal platform;
6. Install boatlifts within slips 1-14.

The applicant proposes to have live-a-boards at the new facility with 12 associated sewage pump-out stations. Two of the pump-out stations will be located on the terminal platform and the remaining ten will be located along the access walkway. The applicant proposes to install four (4) boatlifts within slips 36-39 of the adjacent 39-slip existing facility. The adjacent 39-slip facility is part of the Fort Pierce Inlet Marina. The permit expired on 10 November 2016, and no work was completed, therefore the applicant is requesting the reauthorization of that permit.

PROPOSED WORK: The applicant seeks authorization to construct a 43-slip docking facility (total of 10,051 SF) within the approximate location of a previously authorized 13-slip facility that will include installation of the following structures:

1. Install an irregular shaped 289 square foot marginal dock;
2. 10-foot by 124-foot (1,240 SF) access walkway leading to an 8-foot by 132-foot access walkway (1,056 SF) that will angle northwest and consist of a 10-foot by 301-foot access walkway (3,010 SF);
3. 10-foot by 150-foot terminal platform (1,500 SF) that contains three (3) 5-foot by 48-foot finger piers (720 SF);
4. Seven (7) 4-foot by 17-foot finger piers (476 SF);
5. Eleven (11) 5-foot by 32-foot finger piers (1,760 SF);
6. 14 boatlifts within slips 40-53;
7. 4 boatlifts within slips 36-39 of the adjacent 39-slip existing facility;
8. 264 10-inch diameter wood pilings for the proposed dock;
9. 132 10-inch diameter wood mooring piles;

The applicant proposes to have live-a-boards at the new facility with 12 associated sewage pump-out stations. Two of the pump-out stations will be located on the terminal platform and the remaining ten will be located along the access walkway.

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: There are no seagrass or other submerged aquatic vegetation within the project footprint therefore no impacts to aquatic resources are proposed or anticipated. The applicant will utilize turbidity curtains.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant has provided the following explanation why compensatory mitigation should not be required: No impacts to submerged aquatic vegetation is proposed or anticipated therefore no compensatory mitigation is required.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: The Corps has determined the proposal may affect, but is not likely to adversely affect the endangered smalltooth sawfish (Pristis pectinata) and the endangered/threatened swimming sea turtles (Chelonia mydas, Lepidochelys kempii, Caretta caretta, Lepidochelys olivacea). Pursuant to Section 7 of the Endangered Species Act, the Corps will request concurrence with this determination from the National Marine Fisheries Service by separate letter.

The Corps has determined the proposal may affect but is not likely to adversely affect the West Indian Manatee or its designated critical habitat. The project impacts 10,051 square feet of designated manatee critical habitat, however no seagrass is present within the dredge footprint. The Corps evaluated potential project related effects to the manatee by using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, (Key) dated April 2013. Using the Key, A>B>C>G> H>I>J<K<N<O<P(paragraph A), resulted in a “May Affect Not Likely to Adversely Affect” determination. The U.S. Fish and Wildlife has given programmatic concurrence with this determination and no further coordination is required.

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 10,051 SF of sand/silt benthic habitat utilized by various life stages of penaeid shrimp complex, red drum, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. 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 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 STE 500, Palm Beach Garden, FL 33410, within 21 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, Linda C. Knoeck, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, STE 500, Palm Beach Gardens, FL 33410; by electronic mail at Linda.C.Knoeck@usace.army.mil; or, by telephone at (561)472-2531.

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.

Jacksonville District permit public notice St Lucie County U.S. Army Corps of Engineers USACE