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: Sunrise Harbor @ Hontoon
ATTN: John Gentile
1601 N. Palm Ave., Suite 212
Pembroke Pines, FL 33036
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Lake Beresford (12-Digit HUC 030801011701), a RHA Section 10 waterway. The project site is located at the existing marina facility located at 1905 Hontoon Road, within Section 25, Township 17 South, Range 29 East, DeLand, Volusia County, Florida.
Directions to the site are as follows: From the intersection of Interstate 4 (I-4) and S.R. 44 (aka New York Ave.); Travel west on S.R. 44 (22 miles); Take slight left onto Old New York Ave. (0.9 mile); Take slight right to stay on Old New York Ave. (0.9 mile); Turn left onto Hontoon Road (1.7 miles); Arrive at 1905 Hontoon Road on the left (east) side of the road.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.994263°
Longitude -81.351484°
PROJECT PURPOSE:
Basic: Expansion of existing marina facility.
Overall: Re-authorization (previous permit authorization expired in December 2016) to expand an existing commercial marina facility. This re-authorization request also modifies the previous work proposed under the previously expired permit, reducing total square footage of dock and pier structures, and reducing the number of potential motorized boat slips from 51 to 25.
PROJECT BACKGROUND: The Corps previously approved Department of the Army (DA) permit SAJ-2007-01900(SP-TSD) dated 16 DEC 2009, authorizing a commercial marina site with work including the following:
Remove an existing boat ramp;
Remove dilapidated structures from Lake Beresford and a man-made basin;
Excavate 585 cubic yards of material from within the boat basin to a depth of -5 feet mean low water with all dredging to be performed from April 16 to October 14;
Install 66 foot long by 30 foot wide boat ramp within the western end of the boat basin;
Install 495 linear feet of seawall;
Install 147 linear feet of seawall faced with rip rap;
Install two deck areas at the western end of the boat basin;
Install fourteen 30 foot long finger piers and 26 covered mooring area in the boat basin;
Install three docks which will accommodate up to 25 slips in Lake Beresford;
Install one fishing pier structure that will be 158 foot long by 6 foot wide with 144 square foot terminal platform in Lake Beresford.
The subject Standard Permit SAJ-2007-01900(SP-TSD) was due to expire 16 DEC 2014. Prior to expiration, the Corps approved SAJ-2007-01900(SP-TSD), MOD-1 dated 09 DEC 2014, transferring the permit to the new owner (AdvantaIRA Trust, LLC; ATTN: John Gentile). The permit expiration date remained unchanged, 16 DEC 2014. Prior to expiration, the Corps approved SAJ-2007-01900(SP-TSD), MOD-2 also dated 09 DEC 2014, extending the permit expiration date by two years to 16 DEC 2016. Additionally, this MOD-2 permit updated certain Special Conditions regarding the West Indian manatee and Cultural Resources and Historic Properties to bring the subject Special Conditions in-line with the current standard conditions for such aspects.
The Corps received application from the current Applicant (Sunrise Harbor @ Hontoon; ATTN: John Gentile) on 13 OCT 2022. The application proposes modification/reduction to the previously authorized docking structures which were not constructed, reduction in the total amount of motorized slips to include dry slips (boat trailer parking) and wet-slips, and installation of handrails on existing non-mooring structures.
The Corps reviewed the project history, current site conditions, and proposed work. The Corps has concluded the previously authorized seawall construction, boat ramp construction (over existing ramp area; not at permitted new ramp location), portions of dock construction (all non-mooring structures), and maintenance dredging activities were completed. The current Standard Permit SAJ-2007-01900(SP-JDP) application process shall memorialize the previously authorized work which has been completed, as well as authorize the new proposed work.
EXISTING CONDITIONS: The existing marina facility includes a boat ramp, floating fishing pier, and two floating docks that were constructed under the previous permit authorizations. The project area is comprised of open water habitat within Lake Beresford and contiguous man-made basin. No submerged aquatic vegetation is present. Adjacent uplands are comprised of mowed/maintained uplands and a small forested wetland along the southeastern property boundary. All proposed work avoids impacts to wetland and other aquatic resources present near the project site
PROPOSED WORK: The applicant seeks authorization to build-out the subject marina site. The proposed project would result in modification/reduction to the majority of the previously authorized docking structures which were not constructed, reduction in the total amount of motorized slips to include dry slips (boat trailer parking) and wet-slips, and installation of handrails on existing non-mooring structures. Total square footage and footprint of proposed structures is reduced from that previously permitted, main docking structure intrusion into Lake Beresford is reduced from that previously permitted, and proposed 25 total slips is a reduction from previously permitted 51 slips.
The current Standard Permit SAJ-2007-01900(SP-JDP) application process shall memorialize the previously authorized and completed work (as completed with as-built deviations), as well as authorize the new proposed work, comprised of the following activities:
Previously Authorized and Completed Work:
Renovate existing boat ramp;
Remove dilapidated structures from Lake Beresford and a man-made basin;
Excavate 585 cubic yards of material from within the boat basin to a depth of -5 feet mean low water with all dredging to be performed from April 16 to October 14;
Install 495 linear feet of seawall;
Install 147 linear feet of seawall faced with rip rap;
Install two (2) deck areas at the western end of the boat basin;
a. Approximately 76 feet by 9 feet floating platform within man-made basin;
b. Approximately 35 feet by 10 feet floating platform in man-made basin;
Install one (1) fishing pier structure with 10 feet by 4 feet access gangway and 20 feet by 9 feet floating terminal platform in Lake Beresford.
New Work Authorized:
Install a maximum of four (4) upland-based boat trailer parking spaces, accommodating a maximum of four (4) motorized vessels for launching at the marina boat ramp;
Install one (1) 13 feet by 6 feet access gangway and 180 feet by 6 feet floating dock with twelve (12) 12 feet by 4 feet floating finger piers, and a 30 feet by 4 feet floating terminal platform, totaling 1,854 square feet. The subject dock shall accommodate a total of 21 wet slips, all considered potentially motorized-vessel slips. Refer to the Site Plans attached to this permit for details.
Total authorized marina provides a maximum total of 25 motorized slips (four trailer parking spaces; 21 wet slips).
AVOIDANCE AND MINIMIZATION INFORMATION: The marina is an existing facility that was constructed by the early 80’s, with modifications added through the years. The Corps previously authorized similar, but more extensive work under permits SAJ-2007-01900(SP-TSD), MOD-1, and MOD-2. Previous permitted design included coordination and concurrence from U.S. Fish and Wildlife Service (USFWS) regarding sensitive aquatic habitats/resources and listed species. This project is considered a re-authorization of previously authorized work, with reduction of impacts, structures, and motorized slips. The project area is comprised of deep water habitat with no submerged aquatic vegetation or resources. Therefore, no additional avoidance or minimization of proposed impacts beyond those previously evaluated and authorized is warranted. Project shall utilize Best Management Practices (BMPs) such as silt fence and turbidity curtains during construction activities.
COMPENSATORY MITIGATION: In line with the previously issued Corps permits for the proposed work, no compensatory mitigation is required.
CULTURAL RESOURCES: The Corps 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:
West Indian Manatee: The Corps has determined the proposed project “may affect, but is not likely to adversely affect” the West Indian Manatee and its designated critical habitat. The proposed number of total potential motorized slips is 25, a reduction from the 51 total slips previously authorized by the Corps under permit SAJ-2007-01900(SP-TSD) dated 16 DEC 2009. However, the Corps performed updated U.S. Fish and Wildlife Service (USFWS) consultation based on the required 1,854 SF of over/in water work for installation of one (1) docking facility, as well as the proposed 25 motorized-vessel slips since the previous referenced permit expired prior to complete construction of the 51-slip facility. Based upon review of the Corps and Service’s Manatee Programmatic Effect Determination Key (dated April, 2013), the proposed project resulted in the following sequential determination: A > B > C > D > G (25 motorized-vessel slips) > H > I > J > K (receipt of Volusia County and FWC concurrence) > N > O > P = MANLAA. The permit will be conditioned with the Standard Manatee Conditions for In-Water Work. No further consultation is required.
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. 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 structure is 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, Florida, 32926 within 15 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, Jason D. Perryman, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida, 32926; by electronic mail at jason.d.perryman@usace.army.mil; or, by telephone at (321) 504-3771, ext. 0010.
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.
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.