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: Sams Family Limited Partnership LLLP
c/o Mr. Gary Sams
PO Box 190007
Atlanta, GA 31119
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the North Indian River – Mosquito Lagoon (12-Digit HUC 030802020400), a RHA Section 10 waterway. The project site is located at the existing marina facility located at 129 N. Riverside Drive, within Section 41, Township 17 South, Range 34 East, New Smyrna Beach, Volusia County, Florida.
Directions to the site are as follows: From the intersection of Interstate 95 (I-95) and S.R. 44, travel east on S.R. 44 (business 44) to the intersection with U.S. Highway 1 (US-1), proceed east on Canal Street to the intersection with Riverside Drive, turn left (north) on Riverside Drive, the project is just to the north on the east side of the street.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.027169°
Longitude -80.920133°
PROJECT PURPOSE:
Basic: Repair/replacement and reconfiguration of existing marina facility.
Overall: Re-authorization (previous permit authorization expired in September 2020) to remove all existing storm-damaged and dilapidated mooring structures (marginal piers, finger piers, mooring piles, etc.) associated with the Sams Family Marina facility, and replacement and reconfiguration with new, similar mooring structures.
PROJECT BACKGROUND: The proposed work was previously authorized by the Corps through issuance of Standard Permit (SP) SAJ-2012-01979 (SP-JCP) dated/activated on November 21, 2013. Subsequent minor modification to the project and extension of the SP duration was authorized under Permit Modification SAJ-2012-01979 (SP-JCP) Modification #1 (MOD-1), issued on December 21, 2017. The subject permit MOD-1 expired on September 30, 2020 prior to completion of authorized work activities. This application is for re-authorization of the same work and footprint previously authorized by MOD-1. No net change to existing and previously authorized 40 wet-slips or total area of over/in-water work is proposed by the current application.
EXISTING CONDITIONS: The existing marina facility has several existing mooring structures that were constructed in various stages over time from the 60’s to the 80’s. There are currently existing slips located along the north side of the project area, and an elevated deck/platform along the eastern project area associated with an adjacent restaurant. The project area is comprised of deep water habitat with no submerged aquatic vegetation or resources.
PROPOSED WORK: The applicant seeks authorization to remove all existing storm-damaged and dilapidated mooring structures (marginal piers, finger piers, mooring piles, etc.) associated with the Sams Family Marina facility, and replacement and reconfiguration with new, similar mooring structures. The new configuration/structures are depicted on the attached (10) pages of plans attached to this Public Notice, including specific limitations regarding the number, orientation, and size limits of authorized vessel mooring, and entail the installation of the following wooden structures:
a. 5’ x 315’ marginal pier with (10) 5’ x 24’ finger piers;
b. 10’ x 320’ marginal pier with (3) 5’ x 24’ finger piers;
c. 10’ x 144’ marginal pier with (4) 4’ x 20’ finger piers and a 16’ x 35’ irregular shaped platform;
d. 6’ x 92’ marginal pier with stairs and (1) 4’ x 20’ finger pier;
e. 6’ x 163’ marginal pier;
f. (110) 8-inch diameter piles for finger piers;
g. (141) 10-inch diameter piles for marginal piers and slip piles;
h. (10) 12-inch diameter piles for riverside (east) marginal pier and slips;
i. Total of (40) wet-slips;
j. Total of approximately 10,265 square feet of over-water work (elevated piers and platforms) and approximately 261 square feet of in-water work (piles) within RHA Section 10 waters.
AVOIDANCE AND MINIMIZATION INFORMATION: The marina is an existing facility that was constructed by the early 60’s, with slips being added through the years. The marina is listed in the Volusia County Manatee Protection Plan (MPP) and has a submerged land lease with the Florida Department of Environmental Protection (FDEP) that lists 40 wet-slips. The Corps previously authorized the proposed work under SP (SAJ-2012-01979) and subsequent MOD-1 (SAJ-2012-01979). Previous permitted design included substantial coordination with and concurrence from the Corps Navigation Section and U.S. Coast Guard (USCG) to ensure adequate safe placement and mooring design of structures relative to navigation concerns related to the adjacent federal navigation channel and right-of-way. Previous permitted design also included substantial coordination with and concurrence from the National Marine Fisheries Service (NMFS) and U.S. Fish and Wildlife Service (USFWS) regarding sensitive aquatic habitats/resources and listed species. This project is considered a re-authorization of previously authorized work, with no net change to the amount, location, nor orientation of wet-slips, and the project area is comprised of deep water habitat with no submerged aquatic vegetation or resources. Therefore, no additional avoidance or minimization of proposed impacts beyond those previously evaluated and authorized is warranted.
COMPENSATORY MITIGATION: In line with the previously issued Corps permits for the proposed work, no compensatory mitigation is required.
CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected. 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. Note, the previous Corps authorizations included coordination with the State Historic Preservation Officer (SHPO), which by letter dated December, 6 2012, concluded “Our review of the Florida Master Site File indicates that no significant archaeological or historical resources are recorded within the project areas. Furthermore, because of the location and/or nature of the projects, it is unlikely that historic properties will be affected.” This project is considered a re-authorization of previously authorized work, with no net change to the amount, location, nor orientation of wet-slips.
ENDANGERED SPECIES:
1. West Indian Manatee: The Corps has determined the proposed project may affect, but is not likely to adversely affect (MANLAA) the West Indian Manatee or its designated critical habitat. This determination is based on the previous MANLAA concurrence by the USFWS completed under the previous Corps permits review processes, previous concurrence that the project meets the Volusia County MPP by the Florida Fish and Wildlife Conservation Commission (FWC) and Volusia County under the previous Corps permits review processes, as well as current utilization of the “State of Florida Effect Determination Key for the Manatee in Florida (April 2013)”. Pursuant to review of the “State of Florida Effect Determination Key for the Manatee in Florida” the U.S. Army Corps of Engineers has determined that this project “may affect, but is not likely to adversely affect” the West Indian Manatee. Review of the Manatee Key resulted in the following sequential determination: A > B > C > G > N > O > P = MANLAA. The applicant agrees to follow the “Standard Manatee Conditions for In-Water Work (2011)” and update the existing permanent manatee educational signage to be compliant with current standards, which will also be conditioned in the permit authorization.
2. JAXBO Listed Species: The NMFS reviewed the proposed work activities under the previous Corps permit (SP) process, and concurred with the Corps’ MANLAA determination per letter dated May 6, 2013. Since the initial review by the NMFS, the NMFS approved the Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017. The JAXBO opinion was utilized to further evaluate the project’s potential effects on listed species. The Corps evaluated the proposed work utilizing NMFS’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017. The JAXBO analyzes the effects from 10 categories of minor in-water activities occurring in Florida and the U.S. Caribbean on sea turtles (loggerhead, leatherback, Kemp's ridley, hawksbill, and green); smalltooth sawfish; Nassau grouper; scalloped hammerhead shark, Johnson's seagrass; sturgeon (Gulf, shortnose, and Atlantic); corals (elkhorn, staghorn, boulder star, mountainous star, lobed star, rough cactus, and pillar); whales (North Atlantic right whale, sei, blue, fin, and sperm); and designated critical habitat (CH) for Johnson's seagrass; smalltooth sawfish; sturgeon (Gulf and Atlantic); sea turtles (green, hawksbill, leatherback, loggerhead); North Atlantic right whale; and elkhorn and staghorn corals in accordance with Section 7 of the Endangered Species Act (ESA). Based on past permitting practices of the Corps and review of consultations with similar in-water construction activities, Project Design Criteria (PDCs) were identified in the JAXBO that typically have been applied to permitted in-water construction activities. These PDCs ensure effects of in-water construction activities are minimal in nature and do not result in adverse effects to listed species or to essential features of designated CH. For this verification, the Corps conducted a project specific review to ensure that all of the PDCs were met. In accordance with the project-specific review process established in the JAXBO, a PDC checklist, certification that the activity meets the applicable PDCs, and supporting documentation for the proposed activity were emailed to nmfs.ser.statewideprogrammatic@noaa.gov and jaxbo@usace.army.mil on June 11, 2021. Therefore, the Jacksonville District satisfied the project-specific review requirements stipulated in the JAXBO and satisfied its obligation under the ESA for the above-listed species and critical habitats within the NMFS purview.
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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. 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.
NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is approximately 62.5 feet away from the near bottom edge of the Intracoastal Waterway Federal channel. The Corps previously authorized the proposed work under SP (SAJ-2012-01979) and subsequent MOD-1 (SAJ-2012-01979). Previous permitted design included substantial coordination with and concurrence from the Corps Navigation Section and U.S. Coast Guard (USCG) to ensure adequate safe placement and mooring design of structures relative to navigation concerns related to the adjacent federal navigation channel and right-of-way. This project is considered a re-authorization of previously authorized work, with no net change to the amount, location, nor orientation of wet-slips.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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/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, Jason D. Perryman, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida, 32926; by electronic mail at jason.d.perryman@usace.army.mil; or, by telephone at (321) 504-3771, ext. 10.
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.
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.