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: Space Coast Marinas LLC.
Attn: Mike Timmons
581 Young Street
Melbourne, FL 32935
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Turkey Creek (Indian River Lagoon HUC12 030802020303) a tributary of the Indian River Lagoon. The project site is located at 4220 Dixie Highway NE in Section 24, Township 28 South, Range 37 East, Palm Bay, FL 32905.
Directions to the site are as follows: Take I-95 South to exit 176. Head east onto Palm Bay Rd. Travel 4.9 miles and turn South onto Dixie Hwy NE/US Hwy 1. Travel 0.1 miles before arriving at 4220 Dixie Hwy NE on the right-hand side prior to crossing the bridge over Turkey Creek.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.033273°
Longitude -80.581342°
PROJECT PURPOSE:
Basic: Expansion of an existing marina
Overall: Installation of additional docks and boatlifts, vinyl seawalls, riprap, and dredging.
EXISTING CONDITIONS: The wetland system consists of an estuarine system. The onsite vegetation consists of Cattails, Sabal Palms, White Mangroves, and some Brazilian Pepper (an invasive species). The onsite conditions include a 57-slip dock, a floating dock, a wooden bulkhead, a vinyl seawall, and areas of natural vegetated shoreline. There are several docks and portions of bulkhead that are in disrepair.
PROPOSED WORK: Remove existing docks, pilings, and bulkheads. Expand the marina to include an additional 25 wet slips, construct a storage building with 250 dry slips, and an exterior storage area with 42 dry slips for a total of 82 wet slips and 292 dry slips. Install 29,443 square feet of docks and associated structures including forty-seven (47) 13k boat lifts, ten (10) 16k boat lifts, six (6) 24k boat lifts, and four hundred and eight (408) piles of 12” diameter or smaller. Install 425 linear feet of vinyl seawall panels and 120 linear feet of riprap. Dredge 1500 cubic yards to a depth of -4.0 MLW over a 20,323 square foot area using a long-armed excavator on a barge. Dredge material will be disposed of onsite in an upland containment 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:
“This is an existing marina with fixed wood docks, wood pilings and a timber seawall. All of the wood pilings and docks are to be removed and replaced with floating docks. The pilings for the floating docks are to be composite. The failing timber seawall will be replaced with a vinyl seawall. Best management practices will be implemented during construction to avoid or minimize potential impacts to the environment. The project will result in environmental improvements over the existing conditions within Turkey Creek.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“No formal mitigation plan has been prepared for the project.”
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 executed a Resources at Risk (RAR) evaluation for the area of the proposed project. The RAR indicated that the following species may occur in the project area:
West Indian manatee (Trichechus manatus latirostris), Atlantic Salt Marsh Snake (Nerodia clarkii), Piping Plover (Charadrius melodus), Red-cockaded Woodpecker (Leuconotopicus borealis), Audubon’s Crested Caracara (Caracara cheriway), Wood Stork (Mycteria americana), and Florida Scrub Jay (Aphelocoma coerulescens). The affect determination for the West Indian Manatee and Wood Stork is described below, and no effect was determined for the Atlantic Salt Marsh Snake, Piping Plover, Red-cockaded Woodpecker, Audubon’s Crested Caracara, and Florida Scrub Jay due to no suitable habitat being affected.
WOOD STORK: The U.S. Army Corps of Engineers (Corps) completed an evaluation of the project based upon the U.S. Fish and Wildlife Service (FWS) North Florida Ecological Services Field Offices Programmatic Concurrence for use with the Wood Stork (September 2008). Use of the Key for Wood Stork resulted in the following sequential determination: A (The project is more than 2,500 feet from a colony site.) > B (Project does not affect suitable foraging habitat.) = no effect. The Corps has FWS concurrence for the proposed activities through the use of the aforementioned determination key.
WEST INDIAN MANATEE: The project is located in an Important Manatee Area. The Corps has determined that the project may affect the West Indian Manatee or its designated critical habitat. The review of the project utilized 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 sequence A-B-C-D-E-F-G-H-I-J-K= May Affect. The project will require further review from FWS or Florida Fish & Wildlife Conservation Commission to determine consistency with Brevard County’s approved Manatee Protection Plan.
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 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. 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 individual permit, 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, a JAXBO supersede request, and supporting documentation for the proposed activity were emailed to nmfs.ser.statewideprogrammatic@noaa.gov and jaxbo@usace.army.mil on 25 April 2023. 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.
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: The proposed structures and activities are not located in the vicinity of a federal navigation 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 Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, FL 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, Jacob Zehnder, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, FL 32926; by electronic mail jacob.a.zehnder@usace.army.mil, or by telephone at 321-504-3771 ext. 0017.
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.
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 (FDEP). The project is being reviewed under FDEP application no. 0428588-001.
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.