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: AA Marina, LLLP
c/o Alex Muxo
7900 Glades Road
Suite 402
Boca Raton, Florida 33434
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Indian River Lagoon. The project site is located at 2075, 2105, 2225, and 2275 NE Indian River Drive, Jensen Beach (Section 26, Township 37 South, Range 41 East), Martin County, Florida.
Directions to the site are as follows: From I-95 exit at FL-76 E. Take FL-76 east to SE Indian Street. Turn right onto SE Indian Street. Take SE Indian Street to SE Willoughby Boulevard and turn left. Take SE Willoughby Boulevard to SE Monterey Road and turn right. Take SE Monterey Road to SE Ocean Boulevard/A1A North and turn right. Take A1A North to North Sewalls Point Road and turn left. Continue onto NE Indian River Drive from North Seawalls Point Road and the site is approximately 0.8 miles down on the east side of Indian River Drive.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.558557°
Longitude -81.173815°
PROJECT PURPOSE:
Basic: Water access
Overall: The overall project purpose is the improvement to water access within an existing marina in Jensen Beach, Martin County, Florida.
EXISTING CONDITIONS: The project site consists of five parcels. The existing functional marina currently consists of 41 in-water slips, 6 of which are temporary for launch and retrieval of vessels associated with the upland dry storage area. The number of vessels stored on the uplands varies from 50 – 59 vessels. The sizes of vessels which currently utilize the marina vary from 20’ to 70’+. The upland area also contains an office, a boat supply store, and a maintenance building for minor boat repairs.
The north basin contains a 1,432 sq. ft. floating dock and a 1,428 sq. ft. fixed dock. The south basin has two breakwater piers (each approx. 49’ long) at the entrance of that basin, two concrete travel lift piers at the northwest corner, (12) 5’ x 40’ finger piers, and one 5’ x 30’ finger pier. There is a 20’± by 20’± platform at the southeastern tip of that basin. There is also fueling and pump-out services available at the facility.
The southern parcel (2075 NE Indian River Dr.) contains a parking lot which was previously associated with a restaurant which has since been removed. The parking lot is mainly used to store boat trailers at this time. There are pilings remaining from the previously existing marina which was damaged in the hurricanes of 2004. That marina consisted of 34 slips which accommodated vessels ranging from 24’ to 30’ prior to the hurricanes.
The shoreline associated with these parcels consists of approximately 1,088 L.F. of riprap and 2,106 L.F. of bulkhead. There are some mangroves located within the northern basin and also on the south side of the peninsula and the locations of these mangroves are shown in the attached plans. A benthic survey was completed on June 1, 2022. The substrate within the survey area was described as sand with silt becoming more dominant within the southern boundaries of the survey area. No seagrass or other submerged resources were located within the manmade basins or the areas of the proposed floating attenuator docks. A patch of Halodule wrightii (approximately 10 square feet) with 5-10 percent coverage and a patch of Halophila decipiens (approximately 5 square feet) with 20 percent coverage were located in the southern area of the project. Both of the identified seagrass beds are outside of the proposed project footprint.
The Corps issued a permit dated September 5, 2019 which authorized the construction of a 94-slip marina. No work has started to date. The authorized work included:
In the north basin:
(a) remove 498 sq. ft. of floating dock
(b) construct (8) 4’ wide by 20’ long finger piers and
(c) install a 6’ by 80’ floating dock.
In the south basin:
(a) construct a 6’ wide by 271’ long fixed dock
(b) construct (4) 4’ wide by 30’ long finger piers
(c) construct (2) 4’ wide by 40’ long finger piers
(d) repair and replace the two existing breakwater piers
In the southern parcel of the previously existing marina that was destroyed by hurricanes in 2004:
(a) construct a 6’ wide by 305’ long main access (30’ of which is landward of mean high water),
(b) construct (2) 5’ wide by 145’ long piers, and
(c) construct a total of (16) 4’ wide by 20’ long finger piers.
PROPOSED WORK: The applicant seeks authorization to expand and modify the previously authorized 94-slip marina. Requested changes include the installation of floating docks; the addition of two transient slips for fueling; additional overwater dock structures and the re-numbering of previously authorized slips. Specifically, the changes are provided in the table 1.
Table 1. Changes from 2019 authorized permit
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 project has been designed to avoid any impacts to any special aquatic site. The applicant will use best management practices to protect water quality during construction and minimize impacts to listed species by incorporating all in-water work construction conditions for all relevant listed species.
COMPENSATORY MITIGATION –The applicant has provided the following explanation why compensatory mitigation should not be required:
The project as proposed does not propose nor does the applicant anticipate any impacts to any special aquatic site. Therefore, no compensatory mitigation is being proposed.
CULTURAL RESOURCES – The Corps is aware of recorded historic resources within or adjacent to the permit area and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus); swimming sea turtles: (green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle
(Lepidochelys kempii), and Loggerhead sea turtle (Caretta caretta)); smalltooth sawfish (Pristis pectinata); Giant Manta Ray (Mobula birostris); and wood stork (Mycteria americana). The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this 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 6.8 acres of light brown sand with silt becoming more dominate toward the southern end of the project area utilized by various life stages of penaeid shrimp complex, 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.
NAVIGATION: Based on the information provided by the applicant, the project is not located within the vicinity of the Intracoastal Waterway Federal channel.
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 not been verified by Corps personnel.
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 Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410 within 30 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, Jerilyn Ashworth, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Jerilyn.Ashworth@usace.army.mil; by facsimile transmission at (561)626-6971; or, by telephone at (561)472-3516.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection.
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.