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: Sailfish Point POA & Country Club Assoc., Inc.
Attn: Edward Ewing, Jr.
2201 SE Sailfish Point Blvd.
Stuart, FL 34996
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Indian River-ST. Lucie Inlet (030902060504 HUC12). The project is located in Indian River Lagoon, within the South sublagoon, 1.15 miles north of the St. Lucie Inlet in 08 Section, 38 S Township, 42 E Range; at Latitude 27.185070 and Longitude -80.161260; in Stuart, Martin County, Florida.
PROJECT PURPOSE:
Basic: Reconfiguration of an existing marina.
Overall: Reconfiguration of existing docks and addition of new structures with no change in total slip count.
PROPOSED WORK: The applicant requests authorization to reconfigure an existing marina with no increase to the 157 existing slips (111 wet / 46 dry), including the following:
Remove existing structures, as needed
Install two (2) 240 sq. ft. access decks on each end of a marginal floating dock (480 sq. ft. total)
Install a 5,500 sq. ft. marginal floating dock
Install fifty-four (54) boat lifts in existing wet slips
Replace a 3,500 sq. ft. floating dock
Install piles by impact hammer
Three hundred eighty-six (386) 14-inch concrete piles
Eleven (11) 10-inch wood mooring piles
EXISTING CONDITIONS: Project area is located within the Sailfish Point community. This area was historically coastal wetlands which were filled and developed around 1981 based on USDA aerial imagery. The marina basin on the Northwest side of the community is part of that original development along with the docks. The vessel storage (e.g. dry slips) was completed around 2007 based on Google Earth satellite imagery. The Corps reviewed project within this marina dating back to 1989. The most recent was an after-the-fact authorization on 1 January 2022 to remove one of the existing docks and replace it with a larger structure. A small patch of seagrass was observed within the basin during the most recent resource survey conducted in September 2022. Low density (5-10% cover) seagrasses of a single species, Halophila decipiens. The Florida Department of Environmental Protection noted less than 1% cover of Halophila decipiens during their review of the state permit.
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
“The applicant agrees to comply with the ‘Standard Manatee Conditions for In-Water Work’ and ‘Sea Turtle and Smalltooth Sawfish Construction Conditions.’
The proposed slips were sized and positioned to avoid impacts to seagrass.”
COMPENSATORY MITIGATION: The applicant 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: Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:
No historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places) are present within the Corps’ permit area; therefore, there will be no historic properties affected. The Corps subsequently requests concurrence from the SHPO and/or THPO.
The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.
ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) Southeast Regional Office Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur within the boundary of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and/or critical habitat.
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, including the May 2019 and January 2024 Addendums, produced the sequential determination of A-B-C-G-H-I-J-K-N-O-P3 “may affect, not likely to adversely affect”. No further consultation with the Service is necessary.
Jacksonville District’s Programmatic Biological Opinion (JAXBO): The Corps evaluated the proposed work utilizing the National Marine Fisheries Service’s (NMFS) 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); North Atlantic right whale; 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 were met. In accordance with the project-specific review process established in the JAXBO, a PDC checklist, certification that the activity meets the applicable PDCs, and supporting documentation for the proposed activity were emailed to NMFS on 27 September 2024. Therefore, the Jacksonville District satisfied the project-specific review requirements stipulated in the JAXBO and satisfied its obligation under the ESA for the above-listed species and critical habitats within the NMFS purview.
This notice serves as request to U.S. Fish and Wildlife Service and National Marine Fisheries Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.
ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action would have no adverse effect on EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Implementation of the proposed project would not directly or indirectly impact approximately the seagrass habitat onsite. These habitat(s) may be utilized by the following species and their various life stages:
|
Species
|
Life Stage
|
|
Great Hammerhead Shark
|
ALL
|
|
Tiger Shark
|
Juvenile/Adult
|
|
Summer Flounder
|
Larvae
|
|
Spiny Lobster
|
ALL
|
|
Summer Flounder
|
Juvenile
|
|
Caribbean Reef Shark
|
ALL
|
|
Bull Shark
|
Juvenile/Adult
|
|
Sailfish
|
Adult
|
|
Skipjack Tuna
|
Adult
|
|
Corals
|
ALL
|
|
Snapper Grouper
|
ALL
|
|
Summer Flounder
|
Adult
|
|
Bluefish
|
Adult
|
|
Atlantic Sharpnose Shark (Atlantic Stock)
|
Adult
|
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 or activity 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.
WATER QUALITY CERTIFICATION: Water Quality Certification is required and was granted by the Florida Department of Environmental Protection on 28 June 2024 under permit #43-043204-014-EI.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. This was granted by the Florida Department of Environmental Protection on 28 June 2024 under permit #43-043204-014-EI.
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.
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.
COMMENTS: 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.
The Jacksonville District will receive written comments on the proposed work, as outlined above, until 22 October 2024. Comments should be submitted to Jacob Zehnder at jacob.a.zehnder@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Jacob Zehnder, 400 High Point Drive, Suite 600, Cocoa, FL 32926. Please refer to the permit application number (SAJ-1989-90170) in your comments.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.