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: Austin Cameron
AC Meridian Marina LLC
16907 Rocky Ridge Rd.
Austin, TX 78734
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the St. Lucie River watershed (12-digit Hydrologic Unit Code 030902060504). The project location is 1400 SW Chapman Way, Palm City, FL 34990, and is situated along the St. Lucie River, within Section 07, Township 38 South, Range 36 East, Martin County, Florida.
Directions to the site: From SW Martin Downs Blvd (FL SR 714) eastbound, take SW Mapp Road northbound approx. 0.9 miles, take a right onto SW Chapman Way, then take the first right and you will arrive at your destination.
APPROXIMATE CENTRAL COORDINATES:
Project Site: Latitude: 27.18364°
Longitude: -80.26894°
PROJECT PURPOSE:
Basic: Dredging, shoreline stabilization, dock re-configuration, and increase in dry slip storage.
Overall: To maintenance dredge within the existing basin, to stabilize the existing shoreline with a new seawall, to reconfigure a portion of the existing fueling dock within the basin, and to add an additional 215 dry storage slips at the existing marina.
EXISTING CONDITIONS: The project site consists of an existing dry slip storage marina (located within the uplands) and an adjacent basin connecting to the St. Lucie River, that was dredged from uplands. The immediately surrounding properties consist of existing single-family and multi-family residences.
PROPOSED WORK: The applicant is proposing to maintenance dredge approx. 30,385 sq. ft. of the existing basin to a depth of -5 mean low water (approx. 1,753 cubic yards of material removed), to install 232 linear feet of seawall along the shoreline, to re-configure the existing fueling dock, and to increase the number of dry slips from 325 to 540.
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 submerged resource survey was performed for the project area on 7 /21/21. Resource survey transects meandered to cover the entire basin. No submerged resources are located in the project area and the majority of the substrate was a dark brown material, high in organic content. No work is occurring in the mangrove area with riprap, therefore no mangrove impacts will occur as a result of this request.
All work will be performed during daylight hours and standard manatee construction conditions, as well as other conditions will be followed. All work vessels will remain in depths sufficient to maintain 1’ of clearance between the deepest draft of the vessel and the substrate. All seawall installation and the majority of the dredging will occur from the landward side of the property. Turbidity curtains will be deployed during the course of the project. While work is being performed, the turbidity curtains will be relocated to the immediate work area. This is to avoid adversely impacting ingress/egress to the adjacent docking facilities during construction. Storage of all materials will be on the upland area. All new pilings associated with the dock will be wrapped in industry standard, non-leaching material.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“Compensatory mitigation is not proposed for the proposed work.”
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 Red Cockaded Woodpecker (Picoides borealis), the Grasshopper Sparrow (Ammodramus savannarum floridanaus), the Snail Kite (Rostrhamus sociabilis plumbeus), the Scrub Jay (Aphelocoma coerulescens), and the Audubon’s Crested Caracara (Caracara plancus audubonii). The project “may affect, but is not likely to adversely affect” the West Indian manatee (Trichechus manatus).
Red-cockaded woodpecker: The proposed work occurs within the consultation area for the Red Cockaded Woodpecker. Following the Standard Local Operating Procedures for Endangered Species (SLOPES) guideline, no suitable habitat will be impacted by the proposed work therefore, the Corps determination for the proposed project is “no affect” to the Red Cockaded Woodpecker.
Grasshopper Sparrow: Suitable habitat is not present at the project site and following guidance of the US Fish and Wildlife Services’ South Florida Ecological Services Office DRAFT Florida Grasshopper Sparrow Species Conservation Guidelines (June 15, 2004), therefore the Corps determination for the Grasshopper Sparrow is “no affect.”
Snail Kite: Suitable habitat is not present at the project site and following guidance of the US Fish and Wildlife Services’ South Florida Ecological Services Office DRAFT Snail Kite Survey Protocol (May 18, 2004), therefore the Corps determination for the Snail Kite is “no affect.”
Scrub Jay: The proposed work occurs within the consultation area for the scrub jay. Following the Standard Local Operating Procedures for Endangered Species (SLOPES) guideline, no suitable habitat will be impacted by the proposed work therefore, the Corps determined the proposed project would have “no affect” on the Florida Scrub Jay.
Caracara: The proposed work occurs within the consultation area for the caracara. Following the Standard Local Operating Procedures for Endangered Species (SLOPES) guideline, no suitable habitat will be impacted by the proposed work therefore, the Corps determination for the proposed project is “no affect” to the Crested Caracara.
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 incomplete sequence of A > B > C >G > H > I > J > K > N >O > P, “may affect, not likely to adversely affect”.
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 proposed project is located within an existing upland cut basin, and there are no impacts being proposed to submerged vegetation, mangroves, or other natural resources.
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: brian.a.west@usace.army.mil; 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.