SAJ-2022-01762 (SP-JAZ)

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). The purpose of this public notice is to solicit comments from the public regarding the work described below:

If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager, Jacob Zehnder, by electronic mail at jacob.a.zehnder@usace.army.mil.

APPLICANT: La Entrada Del Mar Condominium

                     Attn: Buddy Emerson

                     1300 Seaway Drive

        Ft. Pierce, FL 34949

WATERWAY AND LOCATION: The project would affect aquatic resources associated with the St. Lucie Inlet (Indian River-St. Lucie Inlet, HUC-12 (030902060504)).  The project site is located at 1300 Seaway Drive; at Latitude 27.468036° and Longitude
-80.300139°; in Ft. Pierce, St. Lucie County, Florida.

EXISTING CONDITIONS: La Entrada Del Mar Condominium is a waterfront property along the Ft. Pierce Inlet connecting the Indian River Lagoon to the Atlantic Ocea. The property includes an existing cantilever multi-family dock with 21 wet slips, and a sandy shoreline with a retaining wall. Repairs to the existing dock were authorized by the Florida Department of Environmental Protection (FDEP) under the State Programmatic General Permit VI. The Florida verification of exemption is dated 8 May 2024 and is filed under 56-0184743-005-EE.

As part of their review process, FDEP conducted a benthic resource survey in 2022 which identified several species of seagrasses in patchy low-density beds. These seagrass beds were within the immediate vicinity of and adjacent to the existing structure. Seagrass beds would be in close proximity to the southwest side of the West dock access pier. Aerial seagrass surveys conducted biennially by the St. Johns River Water Management District noted no seagrasses in the area in 2023.     

PROJECT PURPOSE:

Basic:  Expansion of an existing multi-family marina.

Overall:  Expansion of an existing multi-family marina by 34 additional wet slips within St. Lucie Inlet.

PROPOSED WORK:  The applicant requests authorization to expand an existing multi-family marina by 34 wet slips (for a total of 44 wet slips) by the addition of two new T-docks.

1. Remove existing structures, as needed

2. Install two (2) new T-docks (4,717 sq. ft.) connecting to the existing dock

A. West Dock

      i. Access pier 183.7 ft. x 6 ft. (1,102 sq. ft.)

      ii. Nine (9) finger piers 35 ft. x 3 ft. (945 sq. ft. total)

      iii. Terminal pier 76 ft. x 8 ft. (608 sq. ft.)

B. East Dock

      i. Access pier 129 ft. x 6 ft. (774 sq. ft.)

      ii. Six (6) finger piers 35 ft. x 3 ft. (630 sq. ft. total)

      iii. One (1) finger pier 30 ft. x 3 ft. (90 sq. ft.)

      iv. Terminal pier 71 ft. x 8 ft. (568 sq. ft.)

                    3. Install thirty-four (34) boat lifts

                    4. Install piles by jetting

a. Two hundred sixty (260) 14-inch diameter wood piles, or smaller

b. One hundred thirty-six (136) 14-inch diameter wood piles, or smaller

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 has sited the proposed structures away from seagrasses identified by previous benthic resource surveys. The access piers will utilize fibergrate decking to allow for increased light penetration (est. 44% sunlight passage).

The applicant will utilize a turbidity curtain for all in-water work and monitor for turbidity during construction activities.

COMPENSATORY MITIGATION: Proposed work is a Section 10-only structure with no discharge of fill material. Therefore, no mitigation is required.

CULTURAL RESOURCES:

The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:

Historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places) are known to be present within the Corps’ permit area, but the proposed activity requiring the DA permit (the undertaking) is a type of activity that has no potential to cause an effect to an historic property.

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 Regulatory Screening Tool utilizes data from the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) SERO 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 in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action. Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.

Table 1. ESA-listed Species in the Action Area and Effect Determination(s)

E = endangered; T = threatened; NLAA = may affect, not likely to adversely affect; LAA = Likely to adversely affect, NE = no effect; N/A = not applicable

Effects determination: “No effect” for Audubon’s Crested Caracara, Eastern Black Rail, Eastern Indigo Snake, Everglade Snail Kite, Florida Panther, Piping Plover, Southeastern Beach Mouse, and Wood Stork. “May affect, not likely to adversely affect” the Green Sea Turtle, Kemp’s Ridley Sea Turtle, Leatherback Sea Turtle, Loggerhead Sea Turtle, North Atlantic Right Whale, Smalltooth Sawfish, and West Indian Manatee.

Basis for “no effect” determinations:

          1.  Audubon’s Crested Caracara: The proposed work occurs within the consultation area for the caracara. Following the Standard Local Operating Procedures for Endangered Species (SLOPES) guideline, and no suitable habitat will be impacted by the proposed work. Therefore, the Corps has determined that the proposed project will have no effect on the Crested Caracara.

          2.  Eastern Black Rail: This species utilizes a variety of salt, brackish, and freshwater marsh habitats that can be tidally or non-tidally influenced. They require dense vegetative cover that allows movement underneath the canopy (USFWS 2024). “Further South along the Atlantic Coast, eastern black rail habitat includes impounded and un-impounded salt and brackish marshes” (USFWS 2024). While the project area is located between a brackish waterbody and saltwater body, there is no marsh habitat present, and this area lacks the tuft

          grasses that are typical of suitable habitat for this species. No suitable habitat will be impacted by the proposed work and, therefore, the Corps has determined that the proposed project will have no effect on the Eastern Black Rail.

3. Eastern Indigo Snake: The Corps completed an evaluation of the project based upon the USFWS South Florida Ecological Services Field Offices Consultation Key for the Eastern Indigo Snake (August 2017). Use of the Key resulted in the following sequential determination: A (Project is located solely in open water or salt marsh) = No effect. The Corps has FWS concurrence for the proposed activities through the use of the aforementioned determination key.

4. Everglade Snail Kite: Utilizing the Draft SLOPES Manual (March 2020) and the South Florida Ecological Services Office DRAFT Snail Kite Survey Protocol (May 18, 2004), and no suitable habitat will be impacted by the proposed work. Therefore, the Corps has determined that the proposed project will have no effect on the Everglade Snail Kite.

5. Florida Panther: The Corps completed an evaluation of the project based upon the USFWS Florida Panther Effect Determination Key (February 2007). Use of the Key resulted in the following sequential determination: A, B = No Effect. The Corps has FWS concurrence for the proposed activities through the use of the aforementioned determination key.

6. Southeastern Beach Mouse: This species inhabits “sand dunes which are vegetated by sea oats and dune panic grass… A study conducted on Merritt Island indicated that the southeastern beach mice may [also] prefer open sand habitat with clumps of palmetto and sea grapes, or dense scrub habitat dominated by palmetto, sea grape, and wax myrtle; over seaward habitat with sea oats (Extine and Stout 1987)” (USFWS). No suitable habitat will be impacted by the proposed work. Therefore, the Corps has determined that the proposed project will have no effect on the Southeastern Beach Mouse.

7. Piping Plover:  This species will “nest above the high tide line on coastal beaches, sandflats at the ends of sand spits and barrier islands, gently sloping foredunes, blowout areas behind primary dunes, sparsely vegetated dunes, and washover areas cut into or between dunes. Feeding areas include intertidal portions of ocean beaches, washover areas, mudflats, sandflats, wracklines, and shorelines of coastal ponds, lagoons, or saltmarshes. Wintering plovers on the Atlantic Coast are generally found at accreting ends of barrier islands, along sandy peninsulas, and near coastal inlets. Loss and degradation of habitat due to development and shoreline stabilization have been major contributors to the species’ decline. Disturbance by humans and pets often reduces the functional suitability of habitat and causes direct and indirect mortality of eggs and chicks. Predation has also been identified as a major factor limiting piping plover reproductive success at many Atlantic Coast sites, and substantial evidence shows that human activities are affecting types, numbers, and activity patterns of predators, thereby exacerbating natural predation” (USFWS 1996 - Piping Plover Atlantic Coast Population – Revised Recovery Plan). No suitable habitat will be impacted by the proposed work. Therefore, the Corps has determined that the proposed project will have no effect on the Piping Plover.

8. Wood Stork: The Corps completed an evaluation of the project based upon the USFWS South Florida Ecological Services Field Offices Programmatic Concurrence for use with the Wood Stork (January 2010). Use of the Key for Wood Stork resulted in the following sequential determination: A (Project does not affect Suitable Foraging Habitat) = No effect. The Corps has FWS concurrence for the proposed activities through the use of the aforementioned determination key.

Basis for “may affect, not likely to adversely affect” determinations:

          1. West Indian Manatee: The Corps reviewed the project utilizing the Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013. Use of this key resulted in the sequence A, B, C, G, H, I, J, K, N, O, P1 = May affect, not likely to adversely affect (concurrence required*). The Corps partially based this determination on the implementation of the Standard Manatee Conditions for In- Water Work, 2011, which the applicant agreed to implement.

     - *In 2024 the USFWS and the Corps agreed to a regional addendum to the Manatee Key for new or expanding multi-slip facilities within the Indian River Lagoon. Pursuant to Section 7 ESA, the Corps will seek concurrence on this determination with USFWS in accordance with 50 CFR part 402.

          2. JAXBO: The Corps evaluated the proposed work utilizing NMFS’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 for multiple species including sea turtles (loggerhead, leatherback, Kemp's ridley, and green); smalltooth sawfish; whales (North Atlantic right whale); and designated critical habitat for these species 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 21 May 2025. 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.

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 substantial adverse effect to EFH and/or fisheries managed by Fishery Management Councils and NMFS. Implementation of the proposed project would indirectly impact seagrass beds in the vicinity of the project. The effects of the project are determined to be minimal and permanent. This habitat is utilized by the following species and their various life stages:

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 of 1899 (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 may be required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 56-0184743.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). 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 June 23, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or 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, Cocoa, FL 32940.  Please refer to the permit application number 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.

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