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:
Harbour Ridge Property Owners Association, Inc.
C/o Mr. Michael Salerno
12600 N.W. Harbour Ridge Boulevard
Palm City, Florida 34990
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the St. Lucie River. The project site is located along the shoreline of the St. Lucie River within the Harbour Ridge Community in Palm City, Florida 34990.
Directions to the site are as follows: From the Cocoa Section take I-95 S to exit 114 for Becker Road. Continue on SW Becker Road for approximately 6.7 miles. Turn left onto NW Gilson Road for approximately 0.8 miles. Turn left onto Harbour Ridge Boulevard and travel approximately 1.2 to the country club. The three dock trees are located along the shoreline near north and east of the country club along the shoreline.
APPROXIMATE CENTRAL COORDINATES:
North Dock Tree: Latitude: 27.234086°
Longitude: -80.306598°
Central Dock Tree: Latitude: 27.232957°
Longitude: -80.304183°
South Dock Tree: Latitude: 27.230275°
Longitude: -80.300126°
PROJECT PURPOSE:
Basic: Marina repair and expansion
Overall: Increased water access at a condominium association in St. Lucie County, Florida.
EXISTING CONDITIONS: The existing structure consists of three dock trees consisting of 16,315 SF of dock, and 99 slips. No seagrasses were found at any of the dock tree sites.
PROPOSED WORK: Replace existing with three NEW dock trees consisting of 40,151 SF of fixed and floating docks, 105 slips, 148 timber mooring piles, and three break waters connected to the main terminal platforms of each dock tree: the north breakwater will be 5ft tall x 384 ft long, the central breakwater will be 5 ft tall x 889 ft long, and the south breakwater will be 5 ft tall x 1013 ft long. The central and south docks will also include a 1,320 SF covered platform (1x each) on the main terminal platform of each dock tree.
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:
“Floating turbidity curtains will be deployed during all bottom disturbing activities.”
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 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-BC-G-H-I-J-K-N paragraph 3 “may affect”. The Corps will initiate formal consultation with USFWS.
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 evaluate the proposed work utilizing National Marine Fisheries Service’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017.
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 any SAVs within the footprint of the structures.
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.
Summer Flounder: The project site location is in an area with historic SAV beds. Areas that meet the criteria for EFH-HAPCs for species in the Summer Flounder management unit include all native species of macroalgae, seagrasses, and freshwater and tidal macrophytes in any size bed, as well as loose aggregations.
Addition species and life stages considered for EFH impact include: Bluefish-Adult, Summer Flounder-Adult, Summer Flounder-Larvae, Tiger Shark-Juvenile/Adult, Snapper/Grouper-ALL, Scalloped Hammerhead Shark-Juvenile/Adult, Bull SharkJuvenile/Adult, Summer Flounder-Juvenile, Spiny Lobster-ALL
Given the proximity to the Inlet and Atlantic Ocean the project site likely provides foraging for multiple life stages of highly migratory species.
However, given the benthic effects will be temporary during construction and there are no existing SAV beds, 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.
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 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, 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.
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.