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: Windward AYH Marina, LLC
Mr. Stefan Johansson
2999 NE 191 St., Suite 800
Aventura, Florida 33180
WATERWAY AND LOCATION: The project would impact waters of the United States within the Halifax River. The project is located at 3948 S Peninsula Drive, in Section 11, Township 16 South, Range 33 East, Port Orange, Volusia County, Florida.
Directions to the site are as follows: From I-95 proceed to exit 256 east, CR 421. Turn South on South Atlantic Avenue. Turn West on Mallard Street.
Basic: Commercial Development
Overall: To increase docking utilized for boat parking for a private marina facility near Ponce Inlet in Volusia County.
EXISTING CONDITIONS: The Adventure Yacht Club site currently supports three (3) land use types/vegetative communities:
140 – Commercial and Services: This land use cover type represents the existing restaurant facility located in the southern portion of the site and the associated parking lot.
184 – Marinas: The northern portion of the property includes an existing marina facility with boat slips for restaurant access from Rose Bay.
510 – Streams and Waterways: The submerged portion of the site fall within the Halifax River.
PROPOSED WORK: The applicant seeks authorization to modify an existing pier utilized for 2 boat slips to add 4 finger piers increasing the capacity from 2 slips to 6 slips. The area of pile supported structures to be construct over waters of the U.S. is 723 sq.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:
“The applicant proposes to build the dock entirely over open water. No vegetation impacts will occur. Floating turbidity barriers will surround the project during the entirety of construction.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“No mitigation is proposed.”
CULTURAL RESOURCES: The permit area has been extensively modified by previous work; and 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: The Corps executed a Resources At Risk (RAR) report for the area of the proposed project. The RAR indicated that the proposed project may effect the West Indian manatee. Because these species are unlikely to be found within the Action Area, it has been suggested that the Proposed Action will have no effect on the Atlantic salt marsh snake (Nerodia clarkii taeniata) and Florida scrub-jay (Aphelocoma coerulescens). The Corps will request concurrence with these determinations pursuant to Section 7 of the Endangered Species Act.
WEST INDIAN MANATEE: The Corps has determined the proposed project “may affect” the West Indian Manatee (Trichechus manatus latirostris), pursuant to review of the “State of Florida Effect Determination Key for the Manatee in Florida” (April 2013). Review of the Manatee key resulted in the following sequential determination: A>B>C>G>H>I>J>K> may effect. The applicant agrees to follow the ‘Standard Manatee Conditions for In-Water Work (2011)’. The applicant intends to meet the conditions of the Volusia County Manatee Protection Plan (MPP) in which the project then “may affect, but is not likely to adversely to affect” the West Indian Manatee and no further consultation would be necessary. Until MPP compliance is met, per the key, consultation with the Service is necessary.
ATLANTIC SALT MARSH SNAKE: The Corps has determined the proposed project will have “no effect” on the Atlantic salt marsh snake (Nerodia Clarkii taeniata). The Atlantic salt marsh snake inhabits coastal salt marshes and mangrove swamps. Specifically, it occurs along shallow tidal creeks and pools, in a saline environment ranging from brackish to full strength. It is often associated with fiddler crab burrows. These conditions do not present themselves onsite. In consideration of the location of the project site, the work proposed, and the information noted above, the Corps determined the project would have no effect on this species.
FLORIDA SCRUB-JAY: The Corps has determined the proposed project will have “no effect” on the Florida Scrub-jay (Aphelocoma coerulescens). The Florida scrub-jay inhabits sand pine and xeric oak scrub, and scrubby flatwoods, which occur in some of the highest and driest areas of Florida – ancient sandy ridges that run down the middle of the state, old sand dunes along the coasts, and sandy deposits along rivers in the interior of the state. These conditions do not present themselves onsite. In consideration of the location of the project site and the nature of the work proposed, the Corps determined the project would have “no effect” on this species.
ENDANGERED SPECIES NATIONAL MARINE FISHERIES SERVICE (NMFS): The Corps has determined the proposed project is not likely to affect the North Atlantic Right Whale (Eubalaena glacialis) or essential fish habitat.
NORTH ATLANTIC RIGHT WHALE: The Corps has determined the proposed project will have “no effect” on the North Atlantic right whale. Although sightings are reported offshore of Ponce Inlet regularly, they are unlikely to occur in the inlet or nearshore habitats within the Action Area, which is not designated as critical habitat for the species. To avoid potential encounters with whales, the applicant will implement the NOAA’s Vessel Strike Avoidance Measures.
ESSENTIAL FISH HABITAT (EFH): This public notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. There is no EFH found on the property. The Corps’ initial determination is that the proposed action would have no impact on EFH. Our final determination relative to project impacts is subject to review and coordination with the National Marine Fisheries Service.
SHRIMP: The project site generally supports EFH for shrimp (Farfantepenaeus spp., Penaeus sp., and/or Litopenaeus spp.). Areas that meet the criteria for essential fish habitat-habitat areas of particular concern (EFH-HAPCs) for penaeid shrimp include all coastal inlets, all state designated nursery habitats of particular importance to shrimp, and state-identified overwintering areas. In consideration of the location of the project site and the scale of work proposed, The Corps has determined the proposed project will have “no effect” on these species.
SNAPPER/GROUPER: The project site generally supports snapper (Lutjanus spp.) and grouper (Mycteroperca spp. and/or Epinephelus spp.). Areas that meet the criteria for EFH-HAPCs for species in the snapper-grouper management unit include medium to high profile offshore hard bottoms where spawning normally occurs; localities of known or likely periodic spawning aggregations; nearshore hard bottom areas; mangrove habitat; seagrass habitat; oyster/shell habitat; all coastal inlets; all state-designated nursery habitats of particular importance to snapper grouper; and Council-designated Artificial Reef Special Management Zones. In consideration of the location of the project site and the scale of work proposed, The Corps has determined the proposed project will have “no effect” on these species.
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, 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 the project manager, John Baehre, in writing at the Cocoa Permits Section, 400 High Point Drive, Cocoa, Florida 32926, by electronic mail at John.M.Baehre@usace.army.mil or by telephone at (321)504-3771 extension 13.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat.
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 of 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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.
[CBJCU(1]These coordinates are not in the marina