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 404 of the Clean Water Act (33 U.S.C. §1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Martin County Park Planning & Development
Identify applicant name. This should be the person/entity that will be responsible for ensuring compliance with the permit (i.e., the responsible party, not the consultant). Detailed contact information is not required here as it is available in the ORM2 Summary.2401 SE Montgomery Road
Stuart, FL 34996
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Indian River - St. Lucie Inlet sub-watershed (12-digit HUC 030902060504). The project is located along the eastern shoreline of Charlie Leighton Park at 2701 SW Cornell Ave., in Section 38, Township 41S, Range 17E, Martin County, Florida.
Directions to the site are as follows: From the Corps Cocoa Permits Section office located the City of Cocoa, Florida: Follow I-95 S for 92 miles. Exit towards FL-714 E, and follow FL-714 E 5.7 miles. Turn left onto SW Martin Downs Blvd., and follow 2.8 miles. Turn right onto SW Cornell Ave., and follow 150 ft. Turn left into Charlie Leighton Park.
APPROXIMATE CENTRAL COORDINATES: Latitude 27.172212°
Longitude -80.262850°
PROJECT PURPOSE:
Basic: Water Access and User Safety
Overall: Promote water access and user safety associated with public-use, boat ramp and pier facilities at Charlie Leighton Park, achieved through replacement of existing boat ramp facilities and installation of two (2) new elevated observation piers.
BACKGROUND INFORMATION AND EXISTING CONDITIONS: Project area is located within the St. Lucie River, with action area conditions consisting of tannin-stained waters with low visibility and mucky sediments. Previous aquatic resource surveys, with the latest in 2022, concluded no seagrasses, submerged aquatic vegetation, or other aquatic resources are located within the project area(s), and are unlikely to recruit to these areas due to poor light penetration and mucky sediments. The boat ramp facility areas include an existing concrete boat ramp, concrete seawall, and wooden and aluminum accessory docks.
Areas surrounding the project area consist of other portions of the St. Lucie River and Charlie Leighton Park.
PROPOSED WORK: The applicant seeks authorization to replace an existing public boat ramp facility, including accessory docks and seawall, and install two (2) new observation piers at Charlie Leighton Park. Ramp facility replacement shall occur in the same footprint as the existing ramp facility. Authorized work entails a total of 4,586 square feet (sf) of structures over/within Rivers and Harbors Act Section 10 waters, requiring approximately 40 cubic yards of miscellaneous dredge/fill associated with the boat ramp and seawall replacements. The proposed project shall be constructed in accordance with the attached Engineering Plan Set.
AVOIDANCE AND MINIMIZATION INFORMATION – The following information identifies efforts to avoid and/or minimize impacts to the aquatic environment:
The replacement boat ramp and accessory seawall uses the same geometry as the existing concrete ramp and seawall. Both are aligned to avoid nearby mangroves. Replacement ramp accessory docks are within the approximate same footprint as existing docks. No to minimal “new” impacts to waters of the U.S. (WOTUS) are associated with the boat ramp facility replacement. The two (2) proposed new observation piers are elevated. Minimal impacts to WOTUS associated with only the new pier support piling installations. Project area is located within the St. Lucie River, with action area conditions consisting of tannin-stained waters with low visibility and mucky sediments. Previous aquatic resource surveys, with the latest in 2022, concluded no seagrasses, submerged aquatic vegetation, or other aquatic resources are located within the project area(s), and are unlikely to recruit to these areas due to poor light penetration and mucky sediments.
The applicant shall use best management practices (BMPs) during construction activities. BMPs include following Standard Manatee Construction Conditions for In-Water Work and all required Jacksonville Biological Opinion – Project Design Criteria (JAXBO PDCs), the use of turbidity curtains and erosion and sedimentation control measures such as hay bales and silt fences. Typical details for these items are included in the attached Plan Set and Plan Notes. Additionally, no mangroves shall be affected by the proposed project.
Disturbances to outside the project area and effected area will be minimized and temporary with the use of BMPs for erosion and sediment control and storm water pollution prevention measures with silt fencing and/or turbidity barriers. No adverse impact to listed species are expected.
Describe avoidance and minimization measures that have been proposed. If the nature and extent of the regulated activity was modified/reduced after the public notice, describe those changes here.
COMPENSATORY MITIGATION – The applicant has not proposed compensatory mitigation. Based on current project design and methods, the Corps does not anticipate requiring mitigation for the proposed de minimus impacts.
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: The Corps has determined the project may affect but is not likely to adversely affect (MANLAA) the Eastern Indigo Snake, West Indian Manatee, Wood Stork, and National Marine Fisheries Service (NMFS) regulated aquatic species known to occur within the region, or their designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with these determinations 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. No direct impacts to EFH primary constituent elements (including SAV and mangroves) will result from the proposed activity. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in South Atlantic waters. 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 structures and activities are 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, 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, 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.
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.
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) or South Florida Water Management District (SFWMD).
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.