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: Milton Leggett
City of Stuart
121 SW Flagler Avenue
Stuart, Florida. 34994
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Indian River-St. Lucie Inlet (HUC 030902060504). The project is located adjacent to 121 Southwest Flagler Avenue within navigable waters of the United States in the St. Lucie River in Section 5, Township 38 South, Range 41 East, Stuart, Martin County, Florida.
Directions to the site are as follows: From Interstate-95, take exit 101 east onto Highway 76/Southwest Kanner Highway US1. Continue north onto South Colorado Avenue to South Dixie Highway. Exit onto Southwest St. Lucie Avenue. Turn north onto Southwest Flagler Avenue.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.201820
Longitude: -80.253970
PROJECT PURPOSE: Basic: Public Marina
Overall: To modify the existing public marina to a 44-slip floating dock facility within the Indian River-St. Lucie Inlet in Martin County.
EXISTING CONDITIONS: The wetland system consists of open water within the St. Lucie River. The public marina facility currently consists of a 350’ fixed pier extending to a 50’ by 15’ observation platform constructed in the early 1990’s. The facility was expanded in 2002 with the addition of a catwalk extending from the observation platform to a new 250’ floating dock with seven (7) 25’ finger piers to provide twelve (12) public boat slips. In 2004, the facility was once again expanded to add a 250’ terminal platform providing thirty-nine (39) additional public boat slips for a total of 51 public boat slips. While 2 finger pies have been lost to storms over recent years, the mooring capacity remains the same. The existing area surrounding the project consists of a public park and riverwalk as well as commercial facilities and marinas.
PROPOSED WORK: The applicant seeks authorization to deconstruct the existing floating docks and reconfigure the facility with new floating docks. Specifically, the 1,400 SF replacement floating docks will include 44-slips accommodating vessels (and non-motorized docking) from 25’ up to 45’. The proposed project will require the installation of (250) 14" square concrete piles, (20) 12" timber mooring piles, (4) 12" timber guide piles, (7) 18" concrete guide piles, a single access platform (720 SF), floating vessel platform (300 SF), an 8'x700’ access walkway (5,600 SF), and a 5'x270’ finger pier (1,350 SF). The floating docks, platforms, pier, and walkways are proposed to all be constructed of 2”x6” IPE decking.
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: “Prior to construction, including demolition of the docks, turbidity control devices will be installed in a manner to contain disturbed sediments within the limits of construction of the Project. All construction staging will be located in an upland location. No stock piling of debris or equipment will occur in wetlands or other surface waters. Standard manatee conditions for in-water work and sea turtle and small tooth sawfish construction conditions will be implemented during all in-water project construction activities in accordance with the Florida Fish and Wildlife Conservation Commission and U.S. Fish and Wildlife construction conditions.” The applicant also indicated the project will implement the appropriate JAXBO PDCs.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: “Mitigation is not proposed.”
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. The Corps is not aware of any known historic properties within the area of potential effect. The APE includes open water and the underlying substrate which was subject to modification by previous work. The proposed work is consistent with the neighboring land uses. Additionally, the type of work or structure proposed is of such limited nature and scope that there is little likelihood of impinging upon a historic property, even if such properties were to be present within the affected area. With the inclusion of special conditions to address inadvertent discoveries, the Corps has determined that the proposed project would have No Potential to Cause Effects to Historic Properties.
ENDANGERED SPECIES: The proposed work occurs within the consultation area for the wood stork. The Corps completed an evaluation of the project based upon the U.S. Fish and Wildlife Service (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>B “no effect” as the project will not impact suitable foraging habitat (SFH). The Corps has determined that activities proposed under this application will have “no effect” on the species and no further consultation with the Fish and Wildlife Service is necessary.
The Corps has determined the proposed project “may affect, not likely to adversely affect” the West Indian manatee, pursuant to review of the “State of Florida Effect Determination Key for the Manatee in Florida” (April 2013). Review of the Manatee key resulted in the following sequential determination: A>B>C>G>H>I>J>K>N>O>P “may affect, not likely to adversely affect”. The applicant agrees to:
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The Standard Manatee Conditions for In-water Work (2011) shall be followed for all in-water activity.
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The total number of boats, inclusive of all mooring and upland storage, shall be limited to forty-four (44).
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The Permittee shall install permanent handrails to prevent boat mooring along the sections of the dock not permitted for mooring. A sign, acknowledging no mooring, shall be installed no later than 60 days after construction commencement and maintained for the life of the facility. Signs shall be replaced by the Permittee in accordance with FWC guidance if outdated, damaged, or faded.
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For all pile-driving activity related to this project:
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At least one dedicated observer shall be present during pile driving activities and shall perform no other duties that may interfere with their ability to observe for protected marine species. Observer(s) must have prior on-the-job experience observing manatees during dredging projects or in-water work where the activities were similar in nature to this project. Observer(s) shall have the authority to cease project operations 1) upon sighting a manatee within 50 feet of the pile driving or vessel activity; and 2) if detection of manatees is not possible due to weather or other conditions.
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All pile driving activities shall be limited to daylight hours in order to maximize visibility for protected species observers. Monitoring shall occur for 30 minutes prior to, during, and for 30 minutes after pile driving ends.
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During pile driving, the project will utilize a ramp-up measure. At the start of pile driving activity, pile driving hammers would initially be operated at low levels, then gradually increase to minimum necessary power required for pile installation.
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If the activities appear to harass or injure a protected marine species, then work shall cease immediately and not resume until after consultation with the Florida Fish and Wildlife Conservation Commission (ImperiledSpecies@MyFWC.com or 850-922-4330). Any additional conservation measures deemed necessary by FWC must be implemented to minimize the risks to protected species.
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The Permittee shall install permanent manatee educational signs, which shall be maintained for the life of the facility, no later than 60 days after construction commencement. The number and types of signs, as well as the on-site locations shall be approved by FWC staff prior to installation. A proposal for FWC sign approval shall be submitted to ImperiledSpecies@MyFWC.com in accordance with information provided at https://myfwc.com/wildlifehabitats/wildlife/manatee/education-for-marinas/. Signs shall be replaced in accordance with FWC guidance by the Permittee if outdated, damaged, or faded.
; therefore, the Corps has determined the proposed project is compliant with federal guidelines and no further consultation with the Fish and Wildlife Service is necessary.
The Corps evaluated the proposed work utilizing National Marine Fisheries Service’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); giant manta ray; 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 verification, the Corps conducted a project specific review to ensure that all of the PDCs will be met; therefore, no further consultation with the National Marine Fisheries Service is necessary.
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 1.53 acres of open water and unconsolidated bottom utilized by various life stages of Tiger Shark, Bull Shark, Scalloped Hammerhead Shark, Caribbean Reef Shark, Sailfish, Summer Flounder, Skipjack Tuna, Penaied Shrimp, Snapper/Grouper complex, Bluefish, and Spiny Lobster. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries under the purview of the South Atlantic Division. 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 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 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, Suite 600, Cocoa, FL 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 may be required from the Florida Department of Environmental Protection (FDEP). The project is associated with FDEP Facility ID 194753.
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.