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: Pelican Yacht Club
1120 Seaway Drive
Fort Pierce, Florida 34949
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Fort Pierce Inlet-Indian River (HUC 030802030203). The project site is located at 1120 Seaway Drive, in Section 002, Township 35 South, Range 40 East, Fort Pierce, St. Lucie County, Florida.
Directions to the site are as follows: Take I-95 exit 131 to FL-68 East/Orange Avenue. Turn north onto North 13th Street. Turn east onto Avenue D. Turn north onto North 4th Street/North US Hwy 1. Turn east onto Seaway Drive.
APPROXIMATE CENTRAL COORDINATES: Latitude: 27.465215 °
Longitude: -80.303878 °
PROJECT PURPOSE: The project purpose is to increase water accessibility and improve the existing [marina] facilities.
Basic: Redevelopment and expansion of an existing marina.
Overall: Redevelopment and expansion of an existing 93-slip marina through the reconstruction, reconfiguration, and expansion of Pier 1 from 22 to 30 wet slips in St. Lucie County, Florida.
EXISTING CONDITIONS: The wetland system consists of an open saltwater system. No onsite vegetation or benthic resources occur within the action area. The existing area surrounding the project area consists of similar marina facilities.
PROPOSED WORK: The applicant seeks authorization to remove an existing 5,025 SF +/- dock with 22 wet slips (Pier 1) at an existing marina and replace it with a 7,420 SF
+/- dock with 30 slips, shifted slightly (approximately 5' +/-) to the north of the existing dock.
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 seagrass survey was performed on June 29, 2023 within the proposed footprint and federal radius; no submerged resources were observed. The proposed activity is an expansion of an existing facility.
The project will be constructed using the Standard Manatee Conditions for In-Water Work, the Sea Turtle and Smalltooth Sawfish Construction Conditions, and applicable Jacksonville District Biological Opinion (JAXBO) Project Design Criteria (PDCs) for Inwater Activities. The applicant shall perform work during daylight hours and adhere to the National Marine Fisheries Service’s “Protected Species Construction Conditions, NOAA Fisheries Southeast Regional Office,” dated May 2021 and the “Vessel Strike Avoidance Measures and Reporting for Mariners”, revised May 2021, for marine turtles and marine mammals. The Applicant shall also abide by Noise Best Management Practices for Piling Installation to reduce the exposure to sea turtles, smalltooth sawfish, and manatees to potential harmful daily noise exposure levels associated with pile driving during dock construction activities, which may include noise attenuation piles (TNAP) and/or bubble curtains. If these noise abatement measures cannot be used, then the pile installation will follow Noise BMP Plan for Sea Turtle, Smalltooth Sawfish, and Sturgeon Construction Conditions. Furthermore, turbidity barriers shall be installed, properly secured, and regularly monitored to avoid protected species entrapment and barriers shall not block protected species entry to, or exit from, designated critical habitat without prior agreement from the National Marine Fisheries Service’s
Protected Resources Division.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
No mitigation is proposed and no aquatic resources are proposed for impact. A seagrass survey was performed on June 29, 2023 within the proposed footprint and federal radius; no submerged resources were observed. The proposed activity is an expansion of an existing facility.
CULTURAL RESOURCES:
The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. Due to the permit area having been extensively modified by previous work, the Corps concludes that historic properties that may have at one time existed within the permit area may be presumed to have been lost; therefore, the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian manatee, or its designated critical habitat. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposed project will have “no effect” the on the wood stork. The Corps completed an evaluation of the project based upon the FWS South Florida Ecological Services Office (SFESO) Programmatic Concurrence Key for the Wood Stork in South Florida (January 2010). Use of the key resulted in the following sequential determination: A, “no effect”, as the project will not impact suitable foraging habitat (SFH). The Corps has determined that the activities authorized under this permit will have “no effect” on this species.
The Corps has determined the proposed project may affect, but is not likely to adversely affect swimming sea turtles (Leatherback Sea Turtle, green sea turtle, Kemp’s Ridley sea turtle, loggerhead sea turtle), giant manta ray, Atlantic sturgeon, or smalltooth sawfish, north Atlantic right whale, or their designated critical habitat. The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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 impact approximately 1 acre of unconsolidated sand bottom that may be utilized by various life stages of Penaeid Shrimp Complex, spiny lobster (Panulirus argus), snapper/grouper complex, summer flounder, sailfish, bluefish, and various shark species including bull, tiger, and Caribbean reef. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Fort Pierce Inlet-Indian River. 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, Cocoa, Florida 32926, or by electronic mail at John.M.Baehre@usace.army.mil, 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, John Baehre, in writing at the Cocoa Permits Section, 400 High Point Drive, Cocoa, Florida 32926, by electronic mail at John.M.Baehre@usace.army.mil, or by telephone at (321)504-3771 extension 0013.\
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.
WATER QUALITY CERTIFICATION: Water Quality Certification was received from the Florida Department of environmental Protection (FDEP). The FDEP permit number is 56-0146593-016-EI.
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.