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: J.S. Family Holdings, Inc.
C/o Viking Yacht Service Facility (Michael Samuels)
1550 Avenue C
Riviera Beach, FL 33404
WATERWAY AND LOCATION: The project would affect waters of the United States associated with dredging of tidal waters. The project is located adjacent to the federal channel at 1524 Avenue C, within existing Viking Yacht Service marina in Riviera Beach (Section 33, Township 42 South, Range 43 East), in Palm Beach County, Florida.
Directions to the site are as follows: Take I-95 toward West Palm Beach and exit onto Blue Heron Blvd east. Take U.S. Highway 1 south and turn right onto East 16th street, the marina is at the end of the street.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.776030°
Longitude: -80.051715°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve navigation of an existing marina
Overall: The overall project purpose is to improve navigation of an existing marina and increase the slip size to accommodate larger vessels to be serviced in Riviera Beach, Palm Beach County Florida.
EXISTING CONDITIONS: The project area is an existing 52 slip facility that have approximately 5,400 square feet of floating concrete docking structures and associated mooring piles. A resource survey conducted in July 2016 indicates that the basin contains Johnson’s seagrass (<1% coverage), and paddle grass (5-11% coverage). The majority of the seagrass is located in the northern portion of the basin and within the entrance channel. The project site is on the City of Riviera Beach waterfront between 22nd Court to the north and the Port of Palm Beach to the south, which is entirely occupied by working waterfront. The port is three properties to the south, and has obviously been the site of extensive dredging. There is a boatyard two properties to the south. The City of Riviera Beach Marina is adjacent south, and has been the subject of extensive dredge and dock permitting and construction. Adjacent north is the Lockheed facility, which was recently dredged to -13 feet Mean Low Water (MLW), and adjacent north of that is a county boat ramp park that was the site of extensive dredging. North of that are thee more marina/boatyard properties.
PROPOSED WORK: The proposed project proposes is to reconfigure an existing marina from 52 slips to 39 slips by conducting the following activities:
1. Remove two dock 5,589 square feet of existing docking structures;
2. Install a floating concrete L-head dock with finger piers (total 7,166 square feet),
3. Install a floating concrete L-head dock with finger piers (total 6,880 square feet),
4. Install 107 (12” diameter) wood mooring piles and 50 (14-20” diameter) concrete or steel pipe piles;
5. Dredge an approximate 225,600 square feet area (39,800 cy) of an existing basin and entrance channel to -10 feet (MLW).
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: The applicant has stated that because seagrass is growing on the bottom throughout most of the unoccupied portion of the project area, complete avoidance of any seagrass impacts is not practicable. However, the same proximity to the inlet makes this site idea for a commercial marina/boatyard. The applicant operates an existing marina/boatyard/repair facility, and has acquired the existing commercial dock adjacent north of its existing operation. The applicant is proposing to combine the two existing docks into a single facility. Combining two facilities into one, with a reduction in the number of access fairways, in an existing working waterfront area, results in a more efficient use of the waterbody, and avoids and minimizes impacts to the resources. Additional avoidance and minimization measures includes the applicant utilizing the existing shaded area for the dock and slips, by flipping it around to be more efficient. The proposed floating docks and finger piers are the minimum recommended widths for the subject facility, and the proposed entrance channel is the minimum width. The proposed dredge depth is shallow enough to allow for seagrass to recruit and re-colonize the bottom after the dredging is completed and deep enough that frequent maintenance dredging is not anticipated. All construction equipment and activities would be located within the applicant’s riparian area during construction, and floating turbidity within the applicant’s riparian area to avoid and minimize any potential impacts to adjacent seagrass beds.
COMPENSATORY MITIGATION: The applicant has provided the following explanation as to why compensatory mitigation should be required: There are two types of impacts to seagrasses proposed: temporary and permanent. The temporary impacts are within the proposed dredge basin and entrance channel but outside the footprint of the proposed dock and slips. These impacts are considered temporary because the seagrasses are anticipated to recruit and re-colonize on the bottom after the dredging is completed. The proposed dredge depth is -10 feet MLW, which is shallow enough to fully support seagrasses in this location. The applicant has documented seagrasses growing within a previously dredged basin to depths of -14 feet MLW at the site adjacent north and within a previously dredged basin to depth of -13 feet MLW at a site one mile to the south. The permanent impacts are located within the footprint of the proposed docks and slips. These impacts are considered permanent since the seagrass could and/or would be shaded by the floating docks and boats. The applicant proposes to submit a mitigation plan to fully offset the unavoidable, permanent impacts.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. Information gathered by the Corps states that the subject property has not been evaluated by the State Historic Preservation Officer (SHPO). By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review and coordination with the SHPO and, if applicable, those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the threatened West Indian manatee (Trichechus manatus) and would not adversely modify its designated critical habitat. The U.S. Fish and Wildlife Service’s has given concurrence with this determination pursuant to Section 7 of the Endangered Species Act and no further consultation is required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the threatened and endangered swimming sea turtles; loggerhead (Caretta caretta), green (Chelonia mydas), leatherback (Dermochelys coriacea), hawksbill (Eretmochelys imbricata), and Kemp's Ridley (Lepidochelys kempii), and the threatened smalltooth sawfish (Pristis pectinata). The Corps has also determined that the project may affect the threatened Johnson’s seagrass (Halophilia johnsonii), but would not adversely modify any of the above listed species designated critical habitat The Corps will request formal consultation with National Marine Fisheries Service for Johnson’s seagrass and concurrence with the determination for the sea turtle and smalltooth sawfish pursuant to Section 7 of the Endangered Species Act by separate letter.
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 225,600 square feet of river bottom which encompasses the area for both the installation of structures and dredging that consist of seagrass, sand/silt and is utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. Our initial determination is that the proposed action would have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region. 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 project is located with the Corps setback of the federal channel. The project will be coordinated with the Corps Navigation Division to ensure that the project will not impede navigation or the operation and maintenance of the federal channel.
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.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Palm Beach Gardens Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410, 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 aquatic resources. 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, Ms. Linda C. Knoeck, in writing at the Palm Beach Gardens Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410, by electronic mail at Linda.C.Knoeck@usace.army.mil, by fax at (561)626-6971, or by telephone at (561)472-3530.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Service, 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat.
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 and the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.
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 decision, comments are used to assess impacts on 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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
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.