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: Derecktor Fort Pierce, LLC
c/o Paul Derecktor
311 E Boston Post Road
Mamaroneck, NY 33687
WATERWAY AND LOCATION: The project would affect waters of the United States associated within the Indian River at 101 Port Avenue B within Section 3, Township 35 South, Range 40 East, Fort Pierce, St. Lucie County, Florida.
Directions to the site are as follows: Take I-95 to exit 131 and proceed east on Orange Avenue for 3.3 miles. Turn left to head north onto N 13th Street and continue for 0.7 miles. Turn right to head east onto Avenue H and continue for 0.7 miles. Turn left to head north on N 2nd Street and continue for 0.1 miles. Turn right to head east on to Port Avenue and the project site will be on the right.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.458306°
Longitude: -80.323407°
PROJECT PURPOSE:
Basic: The basic project purpose is to construct an upland boat basin to include a travel boat lift.
Overall: The overall project purpose is to construct an upland boat basin to include a travel boat lift adjacent to the Fort Pierce Harbor in St. Lucie County.
EXISTING CONDITIONS: The 0.44 acre project site is comprised of an upland paved area adjacent to the Fort Pierce Harbor. The east edge of the project area is stabilized by an existing seawall.
PROPOSED WORK: The applicant proposes construction of a 0.44 acre upland boat basin. The proposed work will consist of the excavation of approximately 10,000 cubic yards from the upland area to create a boat basin with a depth of -20 feet NAVD. The basin will require installation of 561 linear feet of steel pile bulkhead within the newly excavated basin. After completion of the upland work, 50 linear feet of the existing seawall on the eastern edge of the project area will be demolished to connect the newly created basin to navigable waters.
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:
“Project site is currently an active shipyard; no proposed changes in use to project site. No increase in slips and this no increased impacts to manatees. Turbidity curtains and BMPs (best management practices) will be used and the existing bulkhead stabilizing the east side of the peninsula will remain in place until all excavated material is removed and basin is stabilized. Thus, the release of excavated material beyond the project boundaries will not occur”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“All work is proposed in uplands. Submerged lands will not be affected and thus no impacts proposed to benthic resources. No wetland resources exist on site and thus no impacts proposed to wetland resources.”
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 project is within the range and consultation area of the Audubon’s crested caracara (Polyborus plancus audobonii), eastern indigo snake (Drymarchon corais couperi), Florida scrub jay (Aphelocoma coerulescens), Piping plover (Charadrius melodus), swimming sea turtles: [green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), and Loggerhead sea turtle (Caretta caretta)], smalltooth sawfish (Pristis pectinata) and wood stork (Mycteria americana).
• Audubon’s crested caracara: This project is located within the consultation area for the threatened Audubon’s crested caracara. Nesting or foraging habitat for the caracara consists of dry or wet prairies with low groundcover dotted with numerous shallow ponds and sloughs and single or small clumps of live oaks, cabbage palms, and cypress. The project area consists only of an upland paved area and a portion of an existing seawall. No suitable habitat for this species is present in the project area. Based on this information, the Corps has determined the project will have no effect to the crested caracara.
• Eastern indigo snake: The project site consists of 0.44 acres of upland paved areas and a portion of an existing seawall. There is no suitable habitat for the eastern indigo within this area. By use of the FWS revised Eastern Indigo Snake Key dated August 1, 2017, the following key sequence A-no effect. Therefore, the Corps has determined that the proposed work will have no effect on the Eastern indigo snake.
• Everglades snail kite: The project is within the consultation area for the Everglades Snail Kite. Kite foraging habitat consists of relatively shallow wetland vegetation, either within extensive marsh systems, or in lake littoral zones. Snail kite nesting substrate is typically located over open water at a distance of approximately 150 meters from the edge of water to provide protection to the nest. The project area consists only of an upland paved area and a portion of an existing seawall. Based on the above information, the Corps has determined that the proposed work will have no effect on the Everglades Snail Kite.
• Florida scrub jay: The project is located within the species consultation area for the Florida scrub jay. Suitable habitats for the scrub-jay are not only the more “classic” xeric oak scrub, scrubby pine flatwoods, scrubby coastal strand, and sand pine scrub, but also include: improved, unimproved, and woodland pastures, citrus groves, rangeland, pine flatwoods, longleaf pine xeric oak, sand pine, sand pine plantations, forest regeneration areas, sand other than beaches, disturbed rural land in transition without positive indicators of intended activity, and disturbed burned areas. The project area consists only of an upland paved area and a portion of an existing seawall. Based on the above information, the Corps has determined that the proposed work will have no effect on the Florida scrub jay.
• Piping Plover: The project is located within the species consultation area. Piping Plovers nest on coastal beaches, sandflats at the ends of sand spits and barrier islands, gently sloped foredunes, sparsely vegetated dunes, and washover areas cut into or between dunes. The project area consists only of an upland paved area and a portion of an existing seawall. Based on the above information, the Corps has determined that the proposed work will have no effect on the piping plover.
• Swimming sea turtles, smalltooth sawfish, and North Atlantic Right Whale: Work 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. 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. The applicant has also agreed to adhere to the JaxBO PDC’s for In-Water Activities. Disturbance from construction activities and related noise will be intermittent and only occur during the day for part of the construction period. Turbidity curtains will be used in the project area, will be removed upon project completion, and will not appreciably interfere with use of the area by listed species.
• West Indian Manatee: The project is located in and adjacent to waters accessible by the manatee. 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 and the May 13, 2019 addendum results in a path of A-B-couplet 8- May Affect. The proposed work will result in the connection of a new basin to navigable waters accessible by the manatee. The applicant has agreed to adhere to the standard manatee construction conditions during the in-water work and to utilize manatee monitors during construction. Per the Manatee Key, further consultation with FWS is required.
• Wood stork: The action area is located within 13.53 miles of the nearest wood stork nesting colonies according the google earth RAR layers. According to the Habitat Management Guidelines for the Wood Stork in the Southeast Region, written by John C. Ogden, storks feed primarily on small fish between 1-8 inches in length. Suitable foraging sites are those where the water is between 2-15 inches deep. Suitable foraging habitat is not located in the project footprint because water depths are too deep for the wood stork foraging. Use of the key resulted in the following sequential determination: A (3), “no effect” for the wood stork.
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 156 square feet of substrate and water column EFH 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.
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, Trey Fraley, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at robert.h.fraley@usace.army.mil, or, by telephone at (561) 472-3526.
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