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: Anchor Ave Stuart, LLC.
4742 SE Anchor Avenue
Port Salerno, FL 34997
ATTN: Francis Wilson
WATERWAY AND LOCATION
The project is located within Manatee Pocket adjacent to 4742 SE Anchor Avenue, Port Salerno (Section 34, Township 38 South, Range 42 East) in Martin County, Florida.
Directions to the site are as follows: In Martin County exit I-95 at Exit 101 towards Stuart, merge onto FL-76E, turn right onto SE Cove Road and head east. Turn left onto SE Dixie Highway and head north. Veer right onto SE Anchor Drive and follow north until it dead-ends. The property will be on your left.
LATITUDE & LONGITUDE:
Latitude: 27.14661016°
Longitude: -80.19498000°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve water access and navigation.
Overall: The overall project purpose is to improved water access and navigation at the marina and in Manatee Pocket.
EXISTING CONDITIONS: The Sailfish Suites Marina is currently a privately owned and operated facility servicing recreational vessels of the Manatee Pocket community. It consists of 14 slips and 934 square feet of fixed dock. Water depths average between -2 and -8 NAVD88. On June 18, 2021, a seagrass survey was conducted and found no submerged aquatic vegetation in the proposed project site.
PROPOSED WORK: The requested marina reconfiguration will reduce the number of wet slips from 14 to 11 and alter the existing marina by realigning the main fixed dock to allow for larger slips and boatlifts. The existing marina, which consists of 11,053 square feet, is proposed to be increased to 11,730 square feet in size. In total, 1,204 square feet of docks and six boatlifts will be installed using impact hammers from a barge to drive piles. Maintenance dredging will be conducted from another barge and will result in the removal of 12,895 square feet (1,400 cubic yards) of material to be mechanically dredged and stored on the upland property to be dried out and used for regrading as part of the demobilization plan.
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.
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 proposed reconfiguration and control measures have been planned and designed to avoid environmental impacts, and all works (pile driving, dredging) will maintain a substantial offset from any outside resources.
Where temporary construction impacts are unavoidable, every effort will be made to minimize impacts to water quality. On June 18, 2021, a seagrass survey was conducted and found no submerged aquatic vegetation in the proposed project site. The applicant has agreed to comply with JAXBO PDC’s for In-Water Activities, including the use of turbidity curtains and will comply with the Standard Manatee Conditions for In-Water Work – 2011.
Compensatory Mitigation: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
No impacts to submerged aquatic vegetation are proposed or expected, therefore, no compensatory mitigation is required.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect but is not likely to adversely affect the threatened West Indian manatee (Trichechus manatus), or adversely modify its designated critical habitat. This determination is based on the use of the manatee key dated March 2011 resulting in the following sequence: A-B-C-G-N-O-P for the reconfiguration of the docks and the following sequence for the dredging portion of the project: A-B-C-D-E-F-G-N-O-P. The U.S. Fish and Wildlife Service’s has given concurrence with this determination pursuant to Section 7 of the Endangered Species Act and no further consultation is required.
The Corps has determined that the proposed project will have no effect on Johnson’s
seagrass (Halophila johnsonii) or it’s designated critical habitat because it is not present
within the project area. The Corps has determined the proposed project may affect, but
is not likely to adversely affect the threatened and endangered swimming sea turtles;
loggerhead (Caretta caretta), green (Chelonia mydas), leatherback (Dermochelys
coriacea), hawksbill (Eretmochelys imbricata), and Kemp's Ridley (Lepidochelys
kempii), the threatened smalltooth sawfish (Pristis pectinata), but would not affect any
species designated critical habitat. The Corps evaluated the proposed work utilizing
NMFS’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20
November 2017. 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 27 August 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 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 involves the installation of 1,204 square feet of docking structure and the removal of sediments as a result of the proposed dredging. The benthic habitat is characterized as unconsolidated bottom utilized by various life stages of penaeid shrimp complex, red drum, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region. 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 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 Palm Beach Gardens Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410, 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 aquatic resources. 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, Ms. Patricia Clune, in writing at the Palm Beach Gardens Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410, by electronic mail at Patricia.R.Clune@usace.army.mil or by telephone at (561)472-3537.
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 Service, 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 and 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.
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.