SAJ-2017-03270 (SP-CMM)

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: 

          Robert Finvarb

          Windward Sebastian Marina LLC

          2999 NE 191st Street, Suite 800

          Aventura, FL, 33180

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Indian River.  The project site is located at 8685 US-1, Section 14, Township 30, Range 38, Micco, Brevard County, Florida 32976.

Directions to the site are as follows:  From the USACE Cocoa office at 400 High Point Drive, Suite 600 Cocoa, Florida 32926, head west on High Point Dr toward Westchester Dr (0.2 mi.), Drive south on US-1 S to Micco (41.6 mi.), destination will be on the left at: 

Windward at Sebastian Inlet Marina 8685 US-1, Micco, FL 32976.

APPROXIMATE CENTRAL COORDINATES:   Latitude      27.870259°

                                                                           Longitude --80.494272°

PROJECT PURPOSE:

Basic:  Modification of existing marina.

Overall:  The purpose of this project is to repair and slightly modify the configuration of the existing dockage, and to expand slip capacity further waterward to meet growing demand in the region. The existing dockage is damaged from previous storms and mostly unusable.

EXISTING CONDITIONS:  The aquatic environment consists of a euryhaline estuarine system.  The substrate is comprised of unconsolidated sandy material. Applicants conducted a survey of the project footprint on February 9, 2024, and reported that no sub aquatic vegetation or shellfish colonies were observed.  The existing area surrounding the project area consists of a mix of undeveloped and moderately developed coastline along the west shoreline of the Indian River comprised of residential and commercial developments, including single family homes and commercial marinas that have associated structures in the Indian River. On site there is existing concrete floating dockage at the marina that has been damaged by past storms and mostly unusable. The prevailing depth within the basin is approximately 5’ below mean low waters. An existing access channel leads from the main Intracoastal Waterway channel to the existing marina.

PROPOSED WORK:  The applicant seeks authorization to increase the total square footage of the proposed dockage over open water to 14,106 square feet. Which will require the installation or replacement of seventy-six (76) sixteen-inch (16”) piles and thirty-four (34) twelve-inch (12”) dolphin piles via jetting and vibratory hammer. This expansion will accommodate sixty-eight (68) wet slips. The marina has an upland dry storage facility that will accommodate two hundred and forty-one (241) dry slips. This will bring the total authorized slips for this facility to three hundred and twenty-seven (327) slips. Additionally, the existing wooden breakwater and concrete dockage will be removed. Floating docks will be constructed of aluminum. A new wave attenuator will be integrated into the proposed northern 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:

“Since this is an existing long-standing marina entirely over open water with no submerged resources present, environmental impacts will be avoided to the greatest extent compared to other potential sites for a marina/expansion.”

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

“Since no wetland dredge or fill is proposed, and the dock will be built over open water with no submerged vegetation or shellfish colonies present, mitigation would not be required.”

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 proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus), Wood Stork (Mycteria americana), Green Sea Turtle (Chelonia mydas), Kemp’s Ridley Sea Turtle (Lepidochelys kempii), Loggerhead Sea Turtle (Caretta caretta), Giant Manta Ray (Mobula birostris) and the Smalltooth Sawfish (Pristis pectinate) or associated designated critical habitat. The Corps will request U.S. Fish and Wildlife/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 0.34 acres of estuarine habitat utilized by various life stages of the following species:

Our initial determination is that the proposed action would not have a substantial adverse impact on EFH.  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.

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 Dr, 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, Corey Maier, in writing at the Cocoa Permits Section, 400 High Point Dr, Cocoa, Florida, 32926; by electronic mail at corey.m.maier@usace.army.mil; or, by telephone at (321) 504-3771 ext 0015. 

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 WQC is required from the Florida Department of Environmental Protection (FDEP).

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.