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: TA1 (IRD), LLC and TMH, LLC
c/o Michael Abinanti, Managing Member
266 Park Drive
Palatine, IL 60067
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Indian River. The project site is located at 401 and 411 S. Indian River Drive, Fort Pierce (Section 10, Township 35 south, Range 40 east), in St. Lucie County, Florida.
Directions to the site are as follows: Take I-95 to exit 129 and merge onto FL-70. Turn left onto Sunrise Boulevard. At the traffic circle take the 3rd exit to stay on Sunrise Boulevard. Turn right onto Hayes Road. Then turn left at the first cross street onto US-1 North. Take a slight right onto Citrus Avenue and the destination is on the left.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.444054
Longitude: -80.321602
PROJECT PURPOSE:
Basic: The basic project purpose is to improve water access.
Overall: The overall project purpose is to increase water access in Fort Pierce, Florida.
EXISTING CONDITIONS: The project site has 269-linear feet of shoreline and the upland area consists of a parking lot and vacant lots. The parcels have a natural shoreline. A benthic resource survey was conducted on August 4, 2017 and showed that there are submerged aquatic resources (Syringodium filiforme and Halophila decipiens), within the proposed project footprint, however there are no corals or mangroves located within the proposed footprint.
PROPOSED WORK: The applicant seeks authorization to construct a 28-slip marina with 4,526 sq. ft. of docking structure consisting of a 4’ wide by 502.8’ long access, a 6’ by 10’ turn around area, a 6’ wide by 235’ long platform, (12) 2.5’ by 30’ finger piers, and one 4’ by 40’ finger pier. The project also includes the installation of a 269 linear foot retaining wall (does not include returns) 2-feet landward of mean high water. The proposed marina will accommodate mooring for twenty eight (28) vessels ranging in size from 25’ to 35’ with a maximum draft of 3’. The marina will serve the future upland which will consist of a mixture of uses – business/commercial on the west side of Indian River Drive, residential on the east side of Indian River Drive, and provide some slips for lease to the public. The slips are not reserved for the future upland residential units.
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 proposed activity has been designed to avoid and minimize impacts to wetlands and other surface waters due to the following:
1. The access walkway has been designed to eliminate impacts to submerged resources as it will be 4’ wide, constructed 5’ above mean high water where traversing resources and utilize grated decking with 43% min. open space for the entire access length to avoid shading impacts to submerged resources.
2. All dock pilings will be wrapped 1’ below the mud line to 1’ above mean high water with industry standard, inert, non-leaching material.
3. All mooring is located in an area which is barren of submerged resources.
4. BMP’s (turbidity curtains) will be utilized for the duration of the in-water activities to eliminate impacts to surface waters. The locations of these are provided on the Sheet 3 of the enclosed plans.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: The project, as proposed, does not have any mitigation associated with it since impacts have been minimized and/or eliminated.
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 proposed project will have no effect on the wood stork (Mycteria americana), the Audubon's crested caracara (Polyborus plancus audubonii), the Florida scrub jay (Aphelocoma coerulescens), and the Piping Plover (Charadrius melodus), it was determined that the project is not likely to adversely affect the Eastern Indigo Snake (Drymarchon couperi).
The U.S. Army Corps of Engineers (Corps) has determined the project may affect, but is not likely to adversely affect the threatened West Indian manatee (Trichechus manatus), but would not affect its designated critical habitat. Potential impacts to the listed West Indian manatee and its critical habitat were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Key). Use of this Key produced the sequential determination A > B > C > G > H > I > J > K>N>O>P couplet 1.The project has been reviewed by the Florida Fish and Wildlife Conservation Commission (FWCC) and verified it is in compliance with the Saint Lucie County Manatee Protection Plan. Provided the applicant adheres to the standard manatee construction conditions during the in-water work, and no later than 60 days after permit issuance, permanent manatee educational signs are installed, the key results in a may affect, not likely to adversely affect determination and no further consultation with the U.S. Fish and Wildlife Service is necessary.
The Corps has determined that the proposed project will have no effect on Johnson’s seagrass (Halophila johnsonii) or it’s designated critical habitat because it is not present within the project area. The Corps has determined the proposed project may affect, but is not likely to adversely affect the threatened and endangered swimming sea turtles; loggerhead (Caretta caretta), green (Chelonia mydas), leatherback (Dermochelys coriacea), hawksbill (Eretmochelys imbricata), and Kemp's Ridley (Lepidochelys kempii), the threatened smalltooth sawfish (Pristis pectinata), but would not affect any species designated critical habitat. The Corps evaluated the proposed work utilizing NMFS’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017. Based on past permitting practices of the Corps and review of consultations with similar in-water construction activities, Project Design Criteria (PDCs) were identified in the JAXBO that typically have been applied to permitted in-water construction activities. These PDCs ensure effects of in-water construction activities are minimal in nature and do not result in adverse effects to listed species or to essential features of designated CH. For this verification, the Corps conducted a project specific review to ensure that all of the PDCs were met. In accordance with the project-specific review process established in the JAXBO, a PDC checklist, certification that the activity meets the applicable PDCs, and supporting documentation for the proposed activity were emailed to nmfs.ser.statewideprogrammatic@noaa.gov and jaxbo@usace.army.mil on 04 April 2018. Therefore, the Jacksonville District satisfied the project-specific review requirements stipulated in the JAXBO and satisfied its obligation under the ESA for the above-listed species and critical habitats within the NMFS purview.
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 4,526 sq.ft. of a combination of submerged aquatic vegetation (Syringodium filiforme and Halophila decipiens) and mud, shell, sand and barren rock bottom utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. The impacts have been minimized because the dock will be constructed according to the Dock Construction Guidelines. 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, 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, 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.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.