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 (DA) 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: Sailfish Point Property Owners’ and Country Club Association, Inc.
c/o Edward J. Ewing, Jr., General Manager
2201 SE Sailfish Point Boulevard
Stuart, Florida 34996
WATERWAY AND LOCATION: The project is located within the Atlantic Ocean and the Indian River Aquatic Preserve, at the Sailfish Point Navigation Channel and Hutchinson Island beach near DEP Monument R-36, north of the St. Lucie Inlet and at the St. Lucie Inlet (Sections 8, 9, 16, and 17, Township 38 South, Range 42 East), Martin County, Florida.
Directions to the site are as follows: 1) From I-95, Merge onto SR-76 E via Exit101 toward Stuart. 2) Turn right onto SE Indian St. 3) Turn left onto US-1 N/SE Federal Hwy/SR-5 N. 4) Turn right onto SE Monterey Rd/SR-714 E. 5) Turn right onto SE Ocean Blvd/SR-A1A. 6) Turn right onto NE MacArthur Blvd (Gate access required). The proposed dredge area is located within the access channel leading from the St. Lucie Inlet to the Sailfish Point Marina. The upland placement area will be north of the inlet near DEP Monument R-36.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.174286°
Longitude: -80.170068°
PROJECT PURPOSE:
Basic: The basic project purpose is maintenance of a navigation channel.
Overall: The overall project purpose is maintenance of the Sailfish Point navigation channel within Martin County, Florida.
EXISTING CONDITIONS: The site consists of a residential development known as “Sailfish Point” with water access and a navigation channel north of the St. Lucie Inlet for boat access. The 43.1 acre irregular shaped channel has been dredged annually and maintained at a depth of minus 9 feet NGVD under this same permit number (SAJ-1996-07239 (SP-LCK). The dredge boundary falls within Easement no. 29380, and the previous permit allowed for sand placement disposal along 3,500 feet (0.66 miles) of beach between FDEP monuments R-36 to R-41 at a rate of approximately 1,700 cubic yards per day and a 1.5:1 and 4:1 slope with beach compatible material. Outside of marine turtle nesting season (November 1 - April 30), the navigational channel may be dredged hydraulically. During the sea turtle peak nesting season (May 1 - October 30), the navigational channel has been dredged mechanically (backhoe and barge) with the dredge material placed in an upland spoil containment area for dewatering and transferred to the sand placement template during nonpeak sea turtle mating season. No additional dredging volume in excess of 25,000 cubic yards on an annual frequency has previously been authorized. The site is bordered by the St. Lucie Inlet to the south, Hutchinson Island to the north, the Indian River Aquatic Preserve to the west, and the Atlantic Ocean to the east.
PROPOSED WORK: The applicant seeks a ten year reauthorization for year round maintenance dredging (spot dredging) of the access channel. The work will be within the previously authorized irregular shaped dredge boundary of 43.1 acres, within Easement No. 29380, and to the previously authorized depth of minus 9 feet NGVD (minus 10.5 feet NAVD88). Outside of marine turtle nesting season (November 1 - April 30), the navigational channel may be dredged hydraulically. During the sea turtle peak nesting season (May 1 - October 30), the navigational channel shall be dredged mechanically (backhoe and barge). Material would be placed within a contained upland disposal area or optionally temporarily stockpiled into the existing Saint Lucie Impoundment Basin (sediment trap). The work will not impact any of the aquatic resources in the area. The maximum dredging limit from the permitted area will remain at 25,000 cubic yards of material per year.
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: Any seagrass beds near the channel are delineated and marked so they are avoided before dredging of the channel takes place. The area is maintenance dredged each year.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: The dredge area is previously authorized and is maintained each year. No impacts to resources were authorized with the previous permit.
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 necessary those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES:
The U.S. Army Corps of Engineers (Corps) has determined the proposed project may affect not likely to adversely affect the endangered and threatened swimming sea turtles, including the leatherback, loggerhead, green, hawksbill, and Kemp’s Ridley sea turtles (Chelonia mydas, Eretmochelys imbricate, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta), the Northern Atlantic right whale (Eubalaena glacialis), and the smalltooth sawfish (Pristis pectinata).
The Corps has determined that the proposed project will have no effect on, Johnson’s seagrass (Halophila johnsonii), Acropora spp. and the following listed coral species: Dendrogyra cylindris, Orbicella annularis, Orbicella faveolata, Orbicella franksi, and Mycetophyllia ferox, and any designated critical habitat.
The Corps had determined the proposed project may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus) and its designated critical habitat; the piping plover (Charadrius melodus) and its designated critical habitat, and the Red knot (Calidris cantus rufa) due to the continued use and manipulation of the upland disposal site. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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 43.1 acres (25,000 cubic yards/ year) of a previously dredged channel consisting of a mud and sand bottom utilized by various life stages of 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 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, Ste 500, Palm Beach Gardens, FL 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, Kelly Egan, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Ste 500, Palm Beach Gardens, FL 33410; by electronic mail at Kelly.A.Egan@usace.army.mil; or, by telephone at (561) 472-3514.
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.