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:
Pheonix Park Fund V, LP
c/o Dan Winkler
119 Signature Drive
Melbourne Beach, FL 32951
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Indian River Lagoon. The project site is located at 160 Versailles Drive, Section 20, Township 28 South, Range 38 East, Vero Beach, Brevard County, Florida.
Directions to the site are as follows: From Melbourne Beach, head south on A1A for approximately 2.60 miles and the property will be on the west side of A1A
APPROXIMATE CENTRAL COORDINATES: Latitude 28.036145° Longitude -80.550536°
PROJECT PURPOSE:
Basic: Reconstruction of Marina
Overall: The reconstruction of a commercial/multi-family 42 slip marina with access to the Indian River, and adjacent to a large parcel that will support new residential housing in Melbourne Beach, FL.
EXISTING CONDITIONS: The area surrounding the project area consists of residential land use, public roadways, and public waterways. The marina previously supported 42 slips. The applicant has conducted a sea grass survey along the entire footprint of the proposed dock and found no sub-aquatic vegetation.
PROPOSED WORK: The applicant seeks authorization to reconstruct the previously operational 42 slip commercial/multi-family marina.
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 project proposes like-for-like refurbishment of the existing boat pier in its existing footprint. No sewage or fueling facilities are proposed with this application. During refurbishment, standard manatee, sea turtle and smalltooth sawfish construction conditions for in-water work shall be implemented to protect threatened or endangered species. Project technical specifications require that the contractor conduct operations in a manner to meet water quality standards as prescribed in Chapter 62-302, Florida Administrative Code. Turbidity within the Indian River Aquatic Preserve will not be elevated above background levels during refurbishment.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: “Current conditions will not change as a boat pier exists at the site. No fish, listed wildlife species, or their habitats will be impacted by authorizing a permit to the existing structure that has been in place for over 30 years”
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: TENDANGERED SPECIES: West Indian Manatee (Trichechus manatus) - Using the “Manatee Key, Florida” (April 2013): (Project is located in waters accessible to manatees) > B (Project is other than activated listed) > C (Project not located in an Important Manatee Area) > G (Project provides new access to watercraft) > H (Project not located in the Bradenton River) > I (Project is for multi-slip facility) > J (Project is located in a County with an Manatee Protection Plan [MPP]) > K (Number of slips is below the MPP threshold) > N (Project impacts to submerged aquatic vegetation will have discountable effects on the manatee) > O (Project proponents elect to follow standard manatee conditions for in-water work) = The Corps has determined the proposed project “may affect, but is not likely to adversely affect” the West Indian Manatee (Trichechus manatus) or its designated critical habitat. Additionally, the proposed work will still keep the number of slips within the acceptable threshold by the Indian River County Manatee Protection Plan (MPP).
Wood Stork (Mycteria americana) – The Corps completed an evaluation of the project based upon the U.S. Fish and Wildlife Service (FWS) South Florida Ecological Services Field Offices Programmatic Concurrence for use with the Wood Stork (May 2010). Use of the Key for Wood Stork resulted in the following sequential determination: A (Project impacts SFH at a location greater than 0.47 miles from a colony site) > B (Project impact to SFH is less than 0.5 acres) = “May Affect, Not Likely to Adversely Affect”. The Corps has U.S. Fish and Wildlife Service concurrence for the proposed activities through use of the aforementioned determination key. No further action is required.
The Corps has determined the proposed project “may affect, but is not likely to adversely affect”) swimming sea turtles and the smalltooth sawfish (Pristis pectinata). Swimming sea turtles considered: green sea turtle (Chelonia mydas), hawksbill sea turtle (Eretmochelys imbricate), leatherback sea turtle (Dermochelys coriacea), loggerhead sea turtle (Caretta caretta), and Kemp’s Ridley sea turtle (Lepidochelys kempii).
The Corps will request National Marine Fisheries Service concurrence with the determination for the swimming sea turtles and smalltooth sawfish pursuant to Section 7 of the Endangered Species Act.
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 Cocoa Permits Section, 400 High Point Dr., Cocoa, Florida, 32926 within 15 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 Corey Maier, in writing at the Cocoa Permits Section, 400 High Point Drive, Cocoa, Florida, 32926; by electronic mail at corey.m.maier@usace.army.mil; by facsimile transmission at (321) 504-3803; or, by telephone at (321) 504-3771 ext. 15.
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.