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) as described below:
APPLICANT: Andrew Robins
600 NE 5th Avenue
Boca Raton, FL 33432
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Intracoastal Waterway (ICWW) adjacent to 600 NE 5th Avenue, located in (Section 6, Township 43 South, and Range 47 East), Boca Raton, Florida.
Directions to the site are as follows: I-95, east on W Palmetto Park Drive, north on NE 5th Avenue.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.355722°
Longitude: -80.076489°
PROJECT PURPOSE:
Basic: The basic project purpose is shoreline stabilization.
Overall: The overall project purpose is shoreline stabilization with water access in south eastern Palm Beach County.
EXISTING CONDITIONS: The project site consists of an existing concrete seawall and dock. The existing site is a vacant parcel with a small amount of upland vegetation on the north and south end of the property landward of the existing seawall. A submerged resource survey was conducted August 4, 2020. The benthic community of the subject site consisted of sand, rock and crushed shell. Depths within the survey area varied from 3’-10’ with depths increasing with distance towards the center of the ICWW. A linear patch of paddle grass (Halophila decipiens, 20-50% coverage) was observed at the eastern extent of the survey area, extending from 30’-60’ waterward of the seawall in the northern portion and from 50’-90’ in the southern portion. Three (3)
1’x1’ patches of H. decipiens were also observed in the northern portion of the
survey area. An approximately 15’ x 20’ patch of Johnson’s seagrass (Halophila johnsonii 5% coverage) was observed in the southern portion of the survey area,
with one 1’x1’ patch at the southern extent of the survey area. Eight (8)
individual lesser starlet corals (Siderastrea radians) were observed
approximately 20’-60’ waterward of the seawall in the central portion of the
survey area.
PROPOSED WORK: The applicant seeks authorization to construct an upland commercial development by conducting the following activities: (1) remove portions of the access walkway of the existing dock, (2) install 272 linear feet of new seawall ranging between 9-feet and 49-fee waterward of the existing wetface; and (3) discharge 470 cubic yards of backfill within 6,350 square feet of tidal waters. Additional work includes constructing a hotel and associated facilities on the project property.
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:
Prior to application submittal, various considerations and efforts were made to avoid and or minimize potential direct and secondary seagrass impacts. The proposed project was revised to reduce the impacts to seagrass located onsite. The location of the proposed seawall was reduced by relocating it 30’ landward, with a 5’ buffer between the H. decipens and the new seawall. The footprint to be filled has been reduced from 12,832 ft² to 6,350 ft² for a reduction of 6,482 ft² or 51.5%. The impact to seagrass has been reduced from 5,869 ft² to 269 ft², a 95.4% reduction. As a measure to avoid impacts to other essential fish habitat the corals within the proposed fill template are to be relocated waterward of the proposed seawall.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
In order to mitigate for the impacts from the proposed project, in-kind seagrass mitigation is proposed in the form of derelict vessel removal within Palm County.
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 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), smalltooth sawfish (Pristis pectinate), and swimming green, hawksbill, Kemp’s Ridley, leatherback, and loggerhead sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta). The Corps will request U.S. Fish and Wildlife and National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal may affect the Johnson’s seagrass but will not adversely modify its designated critical habitat. The Corps will request initiation of formal consultation with the National Marine Fisheries Service 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 6,350 square feet of vegetated and unvegetated bottoms utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex associated with mud, shell, sand and rock substrate and water column EFH. 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.
NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is approximately 95 feet away from the near bottom edge of the Intracoastal Waterway Federal 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. The jurisdictional line [has/has not] 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 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 Samantha.L.Rice@usace.army.mil; by facsimile transmission at (561)626-6971; or, by telephone at (561)472-3536.
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.