SAJ-2019-00387(SP-CHF)

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: Jupiter Inlet Foundation
                      5500 Military Trail, Suite 22-214
                      Jupiter, FL 33458

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Jupiter Inlet/Loxahatchee River portion of the Intracoastal Waterway (ICWW). The project site is located waterward, directly west of the public boat dock area in Dubois Park, Jupiter, Section 31, Township 40 South, Range 43 East, Palm Beach County, FL.

Directions to the site are as follows: Take I-95 to Indiantown Road (SR 706) east until SR A1A (Ocean Blvd.) turn north. Proceed approximately 0.5 miles and go east onto Jupiter Beach Road then immediately left into Dubois Park. The Project is located waterward, directly west of the public boat dock area at Dubois Park.

APPROXIMATE CENTRAL COORDINATES:

PROJECT PURPOSE:

Basic: To install informational buoy markers indicating submerged aquatic resources in the area.
Overall: To install informational buoy markers indicating submerged aquatic resources in the Loxahatchee River/Jupiter Inlet portion of the Intracoastal Waterway (ICWW) in the town of Jupiter in northern Palm Beach County.

EXISTING CONDITIONS: The site consists of vegetated shallows within a tidal saltwater system. The submerged aquatic vegetation includes Johnson’s seagrass. The existing area surrounding the project area consists of open tidal waters of the ICWW.

PROPOSED WORK: The applicant seeks authorization to install six (6) informational markers (five (5) Can Buoys and one (1) sign.

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:

Jupiter Inlet Foundation (JIF) is seeking to protect the seagrass bed by raising awareness about it’s presence through the placement of non-regulatory markers. The markers will be placed by a diver in an area devoid of submerged aquatic resources.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

No impacts to the aquatic environment is proposed, therefore no compensatory mitigation is proposed.

CULTURAL RESOURCES:

The Corps has determined the activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”.

ENDANGERED SPECIES:

The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus). Since the proposal by the applicant is for in-water construction, potential impacts to the threatened West Indian manatee (Trichechus manatus) were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, and received programmatic concurrence for the may affect not likely to adversely affect determination.



The Corps has determined the proposed project may affect, but is not likely to adversely addct the Loggerhead (Caretta caretta), Green (Chelonia mydas) and Kemp’s Ridley (Lepidochelys kempii), swimming sea turtles, Small tooth sawfish (Pristis pectinata) and Johnson’s seagrass (Halophila johnsonii) or its designated critical habitat. The Corps will request National Marine Fisheries Service programmatic 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 6 square feet of mud, shell, sand and rock substrate 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 not 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.

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.

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 Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410 within 30 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, Carolyn Farmer, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at Carolyn.h.farmer@usace.army.mil; by facsimile transmission at (561)626-6971; or, by telephone at (561)472-3527.

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 or 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 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.

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.