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 USC 403) and Section 404 of the Clean Water Act (33 USC 1344) as described below:
APPLICANT: Hari Mirpuri
Riverwalk Marina Partners, LLC
1071 South Clark Road
Ocoee, Florida 34761
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Indian River. The project site is located at 705 South Harbor City Blvd, in Section 27, Township 37 South, Range 34 East, Melbourne, Brevard County, Florida.
Directions to the site are as follows: From I-95 exit Malabar Road and head east toward Malabar. Turn left onto Babcock St. and continue and turn right onto East Nasa Blvd. Follow the road and turn left onto Indian River Lagoon Scenic Highway/South Harbor City Blvd. and 705 South Harbor City Blvd Melbourne, FL 32901 will be on your right.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.098831° Longitude -80.611444°
Basic: Public water access and vessel mooring
Overall: To provide public water access and vessel mooring within the Indian River Lagoon to meet current demand for vessel mooring in Melbourne, FL.
EXISTING CONDITIONS: Currently the site consists of a rectangular portion of land that was built on previous submerged lands within the Indian River Lagoon. The uplands are protected by an existing bulkhead. The submerged lands within the project area consists of a large dredged basin, approximately 7.5 acres, which was the site of two historical marinas that have changed in design and slip configuration several times since the 1960’s. Historically the basin has been protected by a wave attenuating fence, sections of which remain today. Remnants of old docking structures (pilings and some decking) are also present. There is a marked access channel that leads from the ICW to the existing marina basin.
PROPOSED WORK: The Melbourne Riverwalk Marina Project includes five main components:
1) Removal of existing dock and wave fence debris. Old pilings, wave fence and decking will be removed from the uplands and work barge and transported by dump truck to an approved upland landfill.
2) Construction of 31 feet of bulkhead. There is a 31-foot section along the eastern bulkhead where a dilapidated boat ramp exists between two segments of the bulkhead. A 31-foot section of steel sheet pile bulkhead is proposed to fill in this gap and protect the shoreline (See sheets 6 & 13 of the Permit Sketches). The shoreline stabilization work will be conducted from the uplands. The concrete boat ramp will be demolished and removed from the mud line of the existing bulkhead to clear the drive line for steel sheet piling. The concrete ramp will be demolished and removed using a jack hammer or pneumatic attachment and long reach excavator. The steel piling will be driven with a vibratory hammer from the uplands and the area landward of the 31-foot section of steel sheet pile will be backfilled with gravel.
3) Addition of riprap revetment along the existing bulkhead. The existing bulkhead wall is to be left in place and 2 to 4-foot diameter limestone boulders will extend approximately 18 feet water ward from the existing bulkhead on a 1:1.5 slope. Riprap will be placed on a base of 6,000 square yards of geotextile fabric and 1,500 cy of 6 to 12-inch diameter bedding stones. Approximately 1,120 linear feet (4,900 cy/20,160 sq. ft.) of limestone riprap will be placed along the toe of the eastern bulkhead, northern return wall and corner of the southern return wall (See sheets 6, 12 & 14 of the Permit Sketches). Approximately 90% (1,365 cy) of bedding stone and 38% (1,862 cy) of riprap will be below MLW. The riprap revetment will be placed from the uplands using a long reach excavator.
4) Construction of a timber boardwalk over the riprap revetment. A 950-foot-long/15-foot wide timber boardwalk is proposed over the existing bulkhead and proposed riprap revetment. The boardwalk will be supported by 204 (14” square) concrete piles (275 sq ft.). The decking will consist of wood boards with 1/8” gap between boards. The total overwater boardwalk area is 9,975 sq. ft. (See sheets 6, 15-16 & 18 of the Permit Sketches). The boardwalk will be constructed from the uplands using an impact hammer to drive the piles and an excavator or crane to set the timber members. Once the framing has been established for the boardwalk, the remaining timber decking and utilities will be furnished from the uplands.
5) Construction of a floating concrete wave attenuator/ transient dock that will surround the marina basin and the construction of 5 floating docks. The proposed marina will consist of five docks (A-E) surrounded by a floating wave attenuator/dock. Five main docks/access walkways (A-E), each 8 ft wide, are proposed, extending in a west-east direction. The docks will be concrete floating docks supported by a total of 84 (24”) steel piles. Each dock will draft one foot and will have two feet of freeboard. A total of 31 (4 foot-wide) floating concrete finger piers, 18 (5-foot-wide) floating concrete finger piers and 10 (6-foot-wide) floating concrete T-Head piers, all extending in a north south direction off the 5 main docks/access walkways are proposed. The five docks cover an area of 19,978 sq. ft. over-water. Fifty-four (12”) timber spring piles will be installed within the marina as mooring pilings to allow for safe and secure vessel docking (See sheets 6-7, 15-16, 20 & 22 of the Permit Sketches). The floating concrete wave attenuator surrounding the marina will be 17 feet wide and will be supported by 54 (24”) steel piles covering an area of 27,077 sq. ft. over-water. The wave attenuator will have approximately two feet of freeboard and will draft four feet at the attenuator keel (See sheets 6 & 19 of the Permit Sketches). The wave attenuator is critical to create a calm marine environment suitable for vessel mooring. The wave attenuator will serve as a wave break for vessels inside the marina, broadside mooring for 25-foot vessels and a public promenade to access the water. The five docks (A-E) and the north and south ends of the wave attenuator will be connected to the uplands via seven aluminum gangways. The north and south attenuator and the A Dock gangway will be 65 feet long and 6 feet wide to comply with ADA access requirements. The remaining gangways will be 45 feet long and 6 feet wide. All gangways will have aluminum decking and will attach to the boardwalk at a 10-footwide by 5-foot-long timber gangway platform. The seven gangway platform areas total 350 sq. ft. over water (See sheets 18 & 21 of the Permit Sketches). Seventy-two (72) utility pedestals, including electric and water, and fire suppression stations will be positioned along each of the five docks (A-E) and along the wave attenuator. Additionally, 27 dock pump-out stations will be located along the five docks (A-E) and one portable pump-out station will be available for the transient mooring along the floating wave attenuator/dock (See sheet 17 of the Permit Sketches). The floating docks and wave attenuator will be installed using a marine barge. The docks and attenuators sections will be floated into place and anchored with steel pipe piles. A barge mounted excavator will use a vibratory hammer to install the 138 (24”) steel pipe piles that will be used to support the docks and wave attenuator. A barge mounted impact hammer will be used to install the 54 (12”) timber spring piles within the dock slips inside the 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:
“Outside the existing marina basin, which is comprised of muck, there are moderate to dense macro algae beds consisting of Caulerpa prolifera. Approximately 88,182 sq. ft. (2.03 acres) of macro algae (Caulerpa prolifera) will be impacted by dredging; however, it is expected that the macro algae will grow back after dredging, as the dredging depths in this area (-5 MLW) will be suitable for sunlight to penetrate. Impacts to the macro algae will occur but will be offset by improving the condition of the sediment and water quality within the marina basin after dredging. In order to avoid adverse impacts to mobile threatened and endangered species such as sea turtles, manatees and small tooth sawfish, the applicant will implement the standard manatee, sea turtle and small tooth sawfish protection provisions during all in-water work. To avoid adverse impacts to sea grass outside of the Project area, turbidity curtains will be installed prior to construction and maintained until construction is complete. Daily turbidity monitoring will occur to ensure water quality standards are complied with. Please see sheets 8 & 23 of the Permit Sketches for additional details on the turbidity curtains.”
COMPENSATORY MITIGATION – The applicant has provided the following information in support of mitigation for impacts to the aquatic environment:
“No compensatory mitigation is proposed. Additionally, 1,120 linear feet (4,900 cy) of limestone boulders will be added as a riprap revetment to help stabilize the existing bulkhead. The riprap revetment will provide hiding spots and habitat for fish and crabs and provide hard substrate for invertebrates such as oysters. Overall the proposed project will not diminish the condition or value of functions being performed on-site.”
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.
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 waters of the Indian River. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the Indian River. Our final determination relative to the project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.
a. West Indian Manatee (Trichechus manatus) - were also evaluated using “The Corps of Engineers, Jacksonville District, and the State of Florida Determination Key for the Manatee In Florida” dated April 2013. Use of the Manatee key resulted in the following sequential determination: A (In waters accessible to Manatee) > B (Project other than listed) > C (Project not in IMA) > G (Project provides new access to watercraft) > H (Project not located in the Braden River Area of Inadequate Protection > I (Multi-slip facility) > J (Project located in a county with a MPP) > K (Project has been developed or modified to be consistent with the county’s state-approved MPP and has been verified by a FWS review) > N (Project impacts to submerged aquatic vegetation, emergent vegetation or mangrove will have beneficial, insignificant, discountable or no effects on the manatee) > O (Project proponent elects to follow standard Manatee conditions for in-water work) P = “May effect, not likely to adversely affect” is appropriate and no further consultation is necessary.
b. The Corps has determined the proposed project may affect, but is not likely to adversely affect swimming sea turtles: Green sea turtle (Chelonia mydas), Loggerhead sea turtle (Caretta caretta), Leatherback sea turtle (Dermochelys coriacea), Hawksbill sea turtle (Eretmochelys imbricate), Kemps Ridley sea turtle (Lepidochelys kempii), Smalltooth sawfish (Pristis pectinata) and the Northern right whale (Eubalaena glacialis), or their designated critical habitat.
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 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 Corey Maier, in writing at the Cocoa Permits Section, 400 High Point Drive, Cocoa, Florida, 32926; by electronic mail at email@example.com; 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.