SAJ-1989-90170(SP-JKA)

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: Sailfish Point Marina
                      Attention: Chris Dempsey
                      2201 SE Sailfish Point Boulevard
                      Stuart, Florida 34996

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Indian River Lagoon. The project is located at 6600 SE North Marina Way, in Section 08,Township 38 South, Range 42 East, Stuart, Martin County, Florida.

Directions to the site are as follows: Take Interstate 95 to Exit 101 for Kanner Highway, and travel east approximately 4.9 miles. Make a right onto FL-714/SE Monterey Road and travel 2.9 miles. Turn right onto Florida A1A /SE Ocean Boulevard. Continue South for 2.9 miles. Turn right onto NE MacArthur Boulevard and travel 2.5 miles. Destination will be on the right in 0.7 miles.

APPROXIMATE CENTRAL COORDINATES:

Latitude:      27.183382°
Longitude: -80.165360°

PROJECT PURPOSE:

Basic: Safety

Overall: To improve the safety of Pier I for patrons using the dock at Sailfish Point Marina, Stuart, Florida.

EXISTING CONDITIONS: The Sailfish Point Marina is an existing 137-slip multi-family residential docking facility with both in water and upland storage facilities. There are six in water docking areas: Pier E, Pier F, Pier G, Pier H, Pier I, and Pier J. Piers E-I include permanent mooring slips, and Pier J includes 12 transient slips, and upland storage (45 slips) is located within the marina parking lot.

PROJECT HISTORY: The Corps issued a Letter of Permissions on December 11, 1989 that identified that there was an existing marina, and proposed changes to Pier E and Pier I. A subsequent modification was issued June 3, 1991, to modify the configuration of Pier E, and authorize 16 total slip in Pier E. The Corps has several permit numbers and projects for the docking facility. See Table 1 below for the existing conditions.

Table 1. Existing and proposed conditions at the Sailfish Point Marina

PROPOSED WORK: The applicant seeks authorization to expand and reconfigure an existing multi-family residential marina, by modifying Pier I. Activities include removing the existing 1,350 square foot floating dock and constructing a new 3,559 square foot concrete floating dock location just southwest of the existing. The new floating dock will have a 10.5 foot wide by 161 foot long pier with a 4 foot by 20 foot long aluminum gangway. There will be six 4 foot, 7 inch by 40 foot 4 inch, finger piers and two 8.5 foot by 42.5 foot finger piers for a total of 14 slips (increase of 4 slips).

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 applicant has proposed to install all steel pilings with a vibratory hammer to minimize the noise impacts to marine fauna, specifically swimming sea turtles and smalltooth sawfish. Additionally, the number of pilings have been reduced with the proposed floating dock in Pier I, as compared to a traditional fixed docking structure.”

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

“No compensatory mitigation is proposed because the benthic substrate within and around the proposed relocated area for Pier I is barren.”

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, if applicable, those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: The Corps has determined the proposal may affect the West Indian manatee (Trichechus manatus) and its designated critical habitat. Use of The Corps of Engineers, Jacksonville District and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key) dated 25 April 2013 results in a pathway of A-B-C-G-H-I-J-K, may affect, since the Corps has not received written concurrence that a review has been completed by the Florida Fish and Wildlife Conservation Commission (FWC) or the U.S. Fish and Wildlife Service (FWS) with the County’s State approved Manatee Protection Plan (MPP). The Corps will request initiation of consultation with the FWS pursuant to Section 7 of the Endangered Species Act by separate letter if concurrence from FWC cannot be obtained.

The proposed project will occur in waters accessible to the swimming sea turtles and smalltooth sawfish. Smalltooth sawfish and swimming sea turtles may be affected by being unable to use an area for forage or refuge habitat due to potential avoidance of construction activities caused by pile placement during dock construction. These effects will be insignificant due to the small size of each piling placed and the limited time it will take to complete the action. Because these species are motile and likely to leave the area during construction, the risk of injury from this type of construction activity is insignificant. Therefore, the Corps has determined the proposed project may affect, but is not likely to adversely affect the swimming sea turtles: (green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), and Loggerhead sea turtle (Caretta caretta)); and smalltooth sawfish (Pristis pectinata). The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.

The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.

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 0.62 acres of sandy substrate utilized by various life stages of penaeid shrimp complex, 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, 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, Jerilyn Ashworth, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Jerilyn.Ashworth@usace.army.mil; by facsimile transmission at (561)626-6971; or, by telephone at (561) 472-3516.

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.