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SAJ-1990-02029 (SP-BJC)

Published May 19, 2020
Expiration date: 6/9/2020

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:  MMJC Realty, Inc.
                       1325 E Lake Drive
                       Ft. Lauderdale, Florida 33316

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Indian River Lagoon (HUC 0308020203). The project site is located at 4399 U.S. 1, in Section 32, Township 26 South, Range 37 East in Melbourne, Brevardy County, Florida.

Directions to the site are as follows: From the Cocoa Section, head south on U.S. 1 approximately 16 miles. Turn left at Coquina Ridge Drive and the marina will be the first entrance on the right.

APPROXIMATE CENTRAL COORDINATES: Latitude 28.178173°
                                                                         Longitude -80.649122°

PROJECT PURPOSE:

Basic: Marina reconfiguration and maintenance dredge

Overall: Reconfigure the previously existing 75 slip marina facility after damage sustained during Hurricane Irma.

EXISTING CONDITIONS: The previous marina within the basin suffered severe damage as a result of Hurricane Irma. Prior to the hurricane, the marina had what appeared to be 75 wet slips and 21 dry slips. Based upon the Brevard County Manatee Protection Plan, the marina (identified as Diamond 99 Marina in the MPP) had 70 wet slips, 26 dry slips, a travel lift operation, and fueling. The marina also provided boat repair services. Based upon a review of aerials, the docking facility consisted of 6,416± sq. ft. of dock structure, 625± L.F. of seawall, 146± L.F. of concrete panel breakwater, a concrete rubble breakwater, and a 564 sq. ft. observation pier. The previously existing marina layout is shown in Sheets 3 - 4 of the enclosed plans.

PROPOSED WORK: The applicant seeks authorization to reconfigure the marina so that it will accommodate 50 wet slips and a maximum of 46 dry slips in order to retain the number allowed in the Brevard MPP. The proposed marina has 10,848 sq. ft. of dock structure consisting of the following:
1. A 564 sq. ft. observation pier (not a public pier – limited to marina guests/slip holders).
2. A 3’ by 120’ finger pier alongside the concrete panel breakwater.
3. A 6’ by 217’± main access with (8) 4’ by 30’ finger piers, an 8’ by 30’ pier, and an 8’ by 80’ terminal platform.
4. An 8’ by 162’± walkway along the seawall.
5. A 5’ by 185’ main access with (10) 4’ by 30’ finger piers, a 30’ by 30’ observation platform, and a 5’ by 70’ terminal platform.
6. A 5’ by 222’ walkway along the seawall with (6) 4’ by 30’ finger piers.

The other proposed improvements consist of:
1. A 15’ by 50’ boat ramp.
2. Repairing/replacing 600± L.F. of seawall within 12” of the existing seawall. The 25 L.F. of seawall outside the basin is not proposed for replacement.
3. Construction of 350± L.F. of new seawall along the west and southwest sides of the basin.
4. Maintenance dredging 98,000 sq. ft. (7,960 cyds) within the manmade basin to a depth of -5’ mean low water.

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 activity is a replacement of a marina which existed prior to Hurricane Irma and does not propose an increase in total number of wet and dry slips from what previously existed at the facility nor does it propose an increase in vessel sizes. It is mainly a reconfiguration of the docks to make the basin more functional. In addition, the section of new seawall that is proposed will reduce the need for future maintenance dredging as a result of material eroding into the south side of the basin. The vegetation on the south side of the basin is predominately Brazilian pepper with some scattered oaks and cabbage palms therefore no impacts are anticipated as a result of the additional seawall that is proposed.

The activity has been further designed to avoid and minimize impacts to wetlands and other surface waters due to the following:
1. All dock pilings will be wrapped 1’ below the mud line to 1’ above mean high water with industry standard, inert, non-leaching material.
2. 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 – Mitigation is not required.

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:

Wood Stork: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork and its designated critical habitat. The Corps completed an evaluation of the project based upon the US Fish and Wildlife Service (FWS) North Florida Ecological Services Field Offices Programmatic Concurrence for use with the Wood Stork (September 2008). Use of the Key for Wood Stork resulted in the following sequential determination: A (The project is l than 2,500 feet from a colony site.) > B (Project impacts SFH) >C (Impacts to SFH < 0.5 acres) = “not likely to adversely affect” for wood storks. The Corps has FWS concurrence for the proposed activities through the use of the aforementioned determination key.

West Indian Manatee: The Corps reviewed the project utilizing the Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013. Use of this key resulted in the sequence A (project in waters accessible to manatees) ->B (Creation of new slips or change in use of existing slips, even those located in a county with a State-approved Manatee Protection Plan) = May Affect. The Corps will initiate consultation with the U.S. Fish and Wildlife Service.

Based on existing habitat types, the Corps preliminarily determined the project will have no effect on Atlantic Salt Marsh Snake (Nerodia clarkia taeniata), Audubon’s Crested Caracara (Caracara plancus audubonii), Florida Scrub Jay (Aphelocoma coerulescens), Piping Plover (Charadrius melodus), Red-cockaded woodpecker (Picoides borealis), and Eastern Indigo Snake (Drymarchon couperi).

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. Our review identified the work area as EFH for coastal migratory pelagics, worm reefs, shrimp, snapper, and grouper. Our initial determination is that the proposed action would have no impact on EFH. 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 Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926, 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, Brandon J. Conroy, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926; by electronic mail at brandon.j.conroy@usace.army.mil; by facsimile transmission at (321) 504-3803; or, by telephone at (504) 321-3771 x11.

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.