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: David Zack
6318 Spinaker Dr.
Rockledge, FL 32955
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Indian River Lagoon Watershed (12-digit Hydrologic Unit Code 030802020302). The project location is 6318 Spinaker Drive, Rockledge, FL 32955, and is situated along a canal connected to the Indian River, within Section 12, Township 26 South, Range 36 East, Brevard County, Florida.
Directions to the site: From Pineda Causeway (FL SR 404) eastbound, take US Highway 1 northbound approx. 2.6 miles, take a right onto Topsail Drive, veer right upon entering the Indian River Isles subdivision, take the next right onto Spinaker Drive and continue around the curve, the site will be on your left, just north of and adjacent to 6322 Spinaker Dr.
APPROXIMATE CENTRAL COORDINATES:
Project Site: Latitude: 28.23906°
Basic: single family dock and shoreline stabilization
Overall: To stabilize the existing shoreline with a rock revetment as well as construct a single-family dock within a man-made canal at an existing residence in Brevard County.
EXISTING CONDITIONS: The project site consists of approximately 0.38 acres of uplands, with a mature red & white mangrove fringe along the canal front. Presently, there is a new home under construction in the uplands. The immediately surrounding properties consist of existing single-family residences.
PROPOSED WORK: The applicant is proposing to install 98 linear feet of rip rap (0.02 acres) for a revetment along the shoreline, as well as the installation of a 588 square ft. boat dock. The applicant is also proposing to entirely remove the red mangroves along the shoreline for the construction of the revetment and dock (the mangrove fringe is approx. 2,100 sq. ft. with an average height of 18 ft.).
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:
“A floating turbidity barrier will be installed along the shoreline during construction to prevent any turbidity. Mangroves along the shoreline (0.05 acres) will need to be removed in order to install the rock revetment and dock. No mitigation should be required.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“No mitigation should be 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 - U.S FISH AND WILDLIFE SERVICES (USFWS): The Corps executed a Resources At Risk (RAR) report for the area. The RAR indicated that the proposed project “may affect but is not likely to adversely affect” the West Indian manatee (Trichechus manatus), Wood Stork (Mycteria americana), and Eastern Indigo snake (Drymarchon couperi).
Wood Stork: The Corps reviewed the project based upon the USFWS 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 more than 2,500 feet from a colony site.) > B (Project impacts SFH) >C (Impacts to SFH <0.5 acres) = NLAA. The Corps has USFWS concurrence for the proposed activities through the use of the aforementioned determination key. No further consultation is required.
Eastern Indigo Snake: The Corps has determined the proposed project (seawall) may affect, but is not likely to adversely affect the Eastern Indigo Snake and its designated critical habitat. Based upon review of the Corps and Service’s Eastern Indigo Snake Programmatic Effect Determination Key (dated August 1, 2017), the proposed project resulted in the following sequential determination: A (The project is not located in open water) >B (The permit will be conditioned for use of the Service’s standard Protection Measures for the Eastern Indigo snake during site preparation and protection construction.) >C (There are no gopher tortoise burrows, holes, cavities, or other refugia where a snake could be buried or trapped and injured during project activities) = “not likely to adversely affect” for the Eastern indigo snake. The permit will be conditioned with the Standard Construction Guidelines for the Eastern Indigo Snake. No further consultation is required.
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 > B > C >G > H > I > N > O > P (If project is a residential dock facility, shoreline stabilization, or dredging, the determination of “May affect, not likely to adversely affect” is appropriate and no further consultation with the US Fish & Wildlife Service is necessary.) = May Affect, Not Likely to Adversely Affect. The Corps partially based this determination on the implementation of the Standard Manatee Conditions for In-Water Work, 2011, which the applicant agreed to implement. No further consultation is required.
ENDANGERED SPECIES - NATIONAL MARINE FISHERIES SERVICE (NMFS): 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), and Kemps Ridley sea turtle (Lepidochelys kempii); Smalltooth sawfish (Pristis pectinata); and the Northern right whale (Eubalaena glacialis), or their designated critical habitat. The Corps will initiate conulstation with the NMFS for concurrence of a “may affect, not likely to adversely affect” determination, pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.
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 2,100 sq. ft. (0.05 acres) of mature red mangroves (Rhizophora mangle) lining the canal connecting to the Indian River Lagoon. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the NMFS.
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.
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 and/or waters of the US. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed (if applicable).
QUESTIONS concerning this application should be directed to the project manager, Brian West, via US Mail at: Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926; by electronic mail at: email@example.com; by facsimile transmission at: (321) 504-3803; or, by telephone at (321) 504-3771 x14.
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.