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SAJ-1982-01344(SP-CF)

Published Nov. 6, 2020
Expiration date: 11/22/2020
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 404 of the Clean Water Act (33 U.S.C. §1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403):

APPLICANT: The Bluffs Marina Association, Inc.
Attn: Mr. Peter Weidlein
137 Tidal Pointe Blvd.
Jupiter, FL 33477

WATERWAY AND LOCATION: The project is located within navigable Waters of the U.S. within the Bluffs Marina adjacent to 1377 Tidal Pointe Boulevard, in Section 20, Township 41 South, Range 43 East, Jupiter, Palm Beach County, Florida.

Directions to the site are as follows: From 1-95, take the exit for Donald Ross Road and travel east. In approximately 4.5 miles, tum left onto US- I and head north. 1n just over a mile, take a left onto Marcinksi Road. ln about a half mile, take a left onto Tidal Pointe Blvd. The project site is located on your right in approximately 500 feet.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.8944°
Longitude: -80.0716°

PROJECT PURPOSE:

Basic: To restore and maintain the existing marina facilities.

Overall: To restore and maintain the existing marina facilities within the Bluffs Marina, Jupiter, Florida.

EXISTING CONDITIONS: The property is an upland cut private marina that has an existing 102 slips. There is an existing 2,420 linear foot seawall which surrounds the marina basin and riprap along the shoreline of the entrance channel which separates the uplands from the surface water. The flushing channel has 1,244 linear feet of rip rap shoreline and the entrance channel has 1,439 linear feet. At the base of the existing riprap is shoreline vegetation consisting of red mangroves along the entry and flushing channels. The flushing channel has 3,985.81 square-feet of red mangrove vegetation present and the entrance channel has 9,431.28 square-feet. The basin has been dredged approximately every two years, as such it does not contain seagrasses or corals. The existing area surrounding the project area consists of multi-family residential areas.

PROJECT HISTORY: The existing marina was permitted on July 11, 1983. On February 12, 2009, the Corps authorized the construction of a 132-foot by 8-foot marginal floating access pier with a 24-foot by 8-foot access ramp with eight new pilings, the re-location of an existing 96-foot by 8-foot marginal floating dock with six pilings and create three new boat slips along an existing seawall. On June 19, 2013, the Corps authorized a Nationwide verification for the maintenance dredging of the Bluffs entrance channel to restore depths to -6 feet mean low water. On March 20, 2017, the Corps authorized a Letter of Permission to maintenance dredge the existing flushing channel (depth varies from -4’± MLW to -6’± MLW) approximately 500± to 1000± yd³ (50,000 ft2); dredge the existing marina basin and entrance channel to a depth of -9’± MLW approximately 3000± to 5000± yd³ (457,000 ft2) of spoil material shall be removed, for a total of 507,000 ft2, 6,000 yd3 or 11.64 acres of material to be removed; and to replace five existing, fixed finger piers with floating finger piers of the following dimensions, one 5-foot by 50-foot (250 ft2) pier with a 4-foot by 20-foot (80 ft2) ramp and four 6-foot by 60-foot (360 ft2) piers with 4-foot by 20-foot (80 ft2) ramps.

PROPOSED WORK: The applicant seeks authorization to conduct maintenance and repair of existing marina facilities that consists of the following; 1) Existing sidewalk, walkway, and knee wall will be removed and replaced. 2) Existing seawall repair consists of repairing existing concrete piles and installing a concrete toe wall waterward of the existing king piles (not to extend more than 18" waterward). 3) Existing mooring piles will be removed and re-installed 24 inches from the existing seawall or as close as
practical. 4) Existing concrete pile cap will be repaired as needed. 5) Approximately 1,000 cubic yards of rip rap will be installed to reinforce the existing rip rap in the flushing and entrance channels. Rip rap will be hand placed within the extents of the existing mangrove vegetation to protect from impacts. Rip rap will not be placed waterward of the mangrove vegetation.

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 marina and associated structures are existing. No work is proposed that would change the overall configuration or current use of the existing marina or associated facilities. Project activities have been limited to the minimum amount necessary to repair the marina's existing structures to their original function and condition. Turbidity control measures including floating turbidity barriers surrounding the limits of construction activities will be employed to minimize short-term impacts to water quality. The riprap will be hand placed around no closer than 5-feet to the existing mangroves, therefore no impacts are proposed.

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

There are no impacts to submerged aquatic resources or mangroves, therefore no compensatory mitigation is proposed.

CULTURAL RESOURCES:

The Corps is not aware of any known historic properties within the permit area. 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 by and coordination with the State Historic Preservation Officer 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 West Indian Manatee (Trichechus manatus) and it’s designated habitat. 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 and the May 2019 Addendum produced the sequential determination of A-B-C-G-H-I-J-K-N-O-P, paragraph 3 “may affect, not likely to adversely affect”. The MANLAA determination is also based on the applicant adhering to the “Standard Manatee Conditions for In-Water Work (2011)”. By letters dated 25 April 2013 and 13 May 2019, the U.S. Fish and Wildlife Service (FWS) stated that for proposed in-water activities analyzed with the April 2013 version of the Manatee Key and May 2019 Addendum in which the Corps reaches a MANLAA determination with respect to the manatee, the FWS concurs with the Corps determination in accordance with 50 CFR 402.14(b) 1; and no further consultation with the FWS is required.

The Corps has determined the proposed project may affect, but is not likely to adversely affect Loggerhead (Caretta caretta), Green (Chelonia mydas), and Kemp’s Ridley (Lepidochelys kempii) sea turtles, Smalltooth sawfish (Pristis pectinata), North Atlantic Whale (Eubalaena glacialis) and Johnson’s seagrass (Halophila johnsonii). The Corps will evaluate the proposed work utilizing National Marine Fisheries Service’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017.

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 0.947 acres of submerged aquatic habitat 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 dependent upon the receipt of a submerged aquatic resource survey and 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. The jurisdictional line has been verified by Corps personnel.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification will be required from the Florida Department of Environmental Protection.
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 15 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 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.

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.