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 Rvers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT:
Middle Island Management and Development LLC
75 NW Flagler Avenue
Stuart, Florida 34994
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the St. Lucie River. The project site is located at 75 NW Flagler Avenue, Stuart, Martin County, Florida.
Directions to the site are as follows: From the Cocoa Section take I-95 S to exit 129 for FL-70W. Turn left to get onto the Florida Turnpike until exit 142 toward SE Bayshore Boulevard. Turn right onto SW Port St. Lucie Boulevard to US-1 S. Travel approximately 4 miles to 707S/ Old Dixie Highway and turn right onto NW Dixie Highway. Turn left onto NW Fern Street then right onto NW Flagler Avenue. The project site is near the southern terminus of Flagler Avenue on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 27.20582°
Longitude -80.25984°
PROJECT PURPOSE:
Basic: Marina reconfiguration and expansion
Overall: Increased water access at an existing marina facility in the St. Lucie River.
EXISTING CONDITIONS: The facility was previously a private marina testing facility with approximately 15,000 square feet of over water structure.
PROPOSED WORK: The applicant seeks authorization to reconfigure the facility to a commercial marina consisting of 123 wet slips and 455 dry slips. Approximately 29,300 square feet of aluminum floating dock structures and 80 square feet of fixed platform are proposed. Approximately 23,700 square feet of concrete wave attenuator will be attached to the outer floating dock structure to provide stability and dampen wave energy for the remainder of the marina.
The floating dock structures will require approximately 150 metal pilings to be installed by vibratory hammer and approximately 66 wooden mooring piles to be installed by jetting.
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:
“Mangrove fringe along the south shore is to be fully avoided. SAV survey performed July 2021 showed there are no submerged aquatic vegetation. Substrate is sand with 1-8” of organic muck overlaying”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant did not provide a mitigation statement for the Corps’ permit.
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:
The Corps has determined the proposed project may affect, not likely to adversely affect the West Indian Manatee (Trichechus manatus). Use of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (the Key) dated April 2013 and the May 2019 Addendum produced the sequential determination of A-B-C-G-H-I-J-K-P paragraph 3 “may affect, not likely to adversely affect”. However, given the size and change of use of the existing marina facility the Corps will initiate informal consultation with USFWS to seek concurrence with the determination via the above mentioned key.
The Corps has determined the proposed project may affect, but is not likely to adversely affect Loggerhead (Caretta caretta), Green (Chelonia mydas), and Kemp’s Ridley (Lepidochelys kempii) sea turtles, Smalltooth sawfish (Pristis pectinata). The Corps will seek concurrence through informal consultation with National Marine Fisheries Service’s Protected Resources Division.
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 not impact SAV or mangroves.
Shrimp: The project site location supports EFH for shrimp (Farfantepenaeus spp., Penaeus sp., and/or Litopenaeus spp.). Areas that meet the criteria for essential fish habitat-habitat areas of particular concern (EFH-HAPCs) for penaeid shrimp include all coastal inlets, all state-designated nursery habitats of particular importance to shrimp, and state identified overwintering areas.
Snapper/Grouper: The project site location supports snapper (Lutjanus spp.) and grouper (Mycteroperca spp. and/or Epinephelus spp.). Areas that meet the criteria for EFH-HAPCs for species in the snapper-grouper management unit include medium to high profile offshore hard bottoms where spawning normally occurs; localities of known aggregations; nearshore hard bottom areas; mangrove habitat; seagrass habitat; oyster/shell habitat; all coastal inlets; all state-designated nursery habitats of particular importance to snapper and grouper; and Council-designated Artificial Reef.
Additionally given the proximity to the Inlet and Atlantic Ocean the project site likely provides foraging or nursery habitat for multiple life stages of highly migratory species.
Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries within 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 Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 100 feet away from the near bottom edge 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.
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 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, Brandon J. Conroy, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926; by electronic mail at brandon.j.conroy@usace.army.mil; or, by telephone at (321) 504-3771 x0011.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification is required from the Florida Department of Environmental Protection (FDEP). The project has been approved under FDEP permit no. 43-0204141-003-EI.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. The project has been found consistent with Florida’s Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act, under FDEP permit no. 43-0204141-003-EI.
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.