Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

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SAJ-2018-02597 (SP-VEK)

USACE SAJ RD-SP
Published June 23, 2021
Expiration date: 7/14/2021
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 Sections 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT: Marine Industries Assoc. of Palm Beach County, Inc.
c/o George G. Gentile, Managing Member
1208 US Highway One, Suite B
North Palm Beach, FL 33410
and
Palm Beach County Environmental Resources Mgt.
c/o Deborah Drum, Director
2300 N. Jog Road, 4TH Floor
West Palm Beach, FL 33411


WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Lake Worth Lagoon. The project site is located at 6500 Peanut Island Road, Section 34, Township 42 South, Range 43 East, in West Palm Beach, within Palm Beach County, Florida.

Directions to the site are as follows: The project site is located within the Lake Worth Inlet Flood Shoal just north of Peanut Island Park and south of Phil Foster Park. The site is only accessible by waterway transportation (e.g., water taxi, private recreational vessel, commercial charter, etc.).


APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.77884°
Longitude: -80.04314°

PROJECT PURPOSE:

Basic: improve navigation and safety

Overall: Improve navigation and safety for first responders, law enforcement and vessel-based tourism in surrounding waters of Peanut Island in Palm Beach County, Florida.

PERMITTING HISTORY: A Public Notice was previously issued for this project on December 12, 2019. However, due to changes in the project description associated with the placement of fill for mitigation purposes, it is being re-noticed for public comment.

EXISTING CONDITIONS: The Lake Worth Inlet Flood Shoal (LWIFS) is located in Lake Worth Lagoon between Peanut Island and the Phil Foster Park Snorkel Trail. The Lake Worth Inlet was stabilized in 1918, allowing coastal longshore sediment transport to be diverted and enter the Lake Worth Lagoon. Oceanic water entering through Lake Worth Inlet is directed south of Peanut Island through the Atlantic Intracoastal Waterway (ICW) or north where the accumulation of sediments due to shallow lagoon depths created the LWIFS. Bathymetric surveys conducted over the past 16 years have shown variability in the location and size of the LWIFS. Prior to bathymetric data collection, historical aerial photography depicts a gradual increase in the size of the flood shoal over time.
Due to the increased size and frequency of vessels using the navigational channel east of the LWIFS and public recreational use of the LWIFS, a need for sediment management of the shoal was identified. In response, dredging is proposed within a center cut and around the northeast portion of the shoal to improve navigation and safety and provide easier access to vessel-based first responders and law enforcement.
A benthic aquatic resource survey was completed on seven separate days between May and July 2019. Initial reconnaissance surveys were conducted in May to identify transect locations and spacing for the in-season June/July survey efforts which occurred on June 13, 14, 17 and July 1, 2019. The survey identified 19.6 acres of seagrass, species composition varies with most beds resulting in a mix of Johnson’s seagrass (Halophila johnsonii), shoal grass (Halodule wrightii), and paddle grass (Halophila decipiens). The existing depths within the project boundary range from minus 2.5 feet to minus 10 feet NAVD. The navigation channel to the east extends to depths of -15 feet NAVD. No seagrass was observed along the side slope or within the adjacent channel.

PROPOSED WORK: The applicant seeks authorization to:
• Dredge a center cut within the Lake Worth Inlet Flood Shoal (LWIFS) by dredging 45,970 yd3 of submerged bottom within a 327,350 ft2 area in a NW to SE direction (Area A) to -8.0' NAVD (-5.65' MLW) (including 1' over dredge), at a 4(H):1(V) slope
• Dredge 70,700 yd3 of submerged bottom within a 341,510 ft2 area, along the eastern perimeter of the LWIFS (Area B), to -10.0' NAVD (-7.65' MLW) (including 1' over dredge), at a 4(H):1(V) slope
• Remove and replace navigational marker #3, marker #3A, marker #39 and a manatee sign located on the northeast side of the LWIFS within the same footprint.
• Place 7,970 yd3 of clean sandy dredged material into a 0.9 acre area within the Old Port Cove dredge hole for seagrass mitigation to offset impacts to 0.65 acres (28,164 ft2) of seagrass beds associated with the proposed dredging.
• Place 108,700 yd3 of dredged material at the Tarpon Cove Restoration site or within the Peanut Island DMMA.

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:

A seagrass survey of the project site was conducted by PBC ERM June 13, 14, 17 and July 1, 2019. The survey identified 19.6 acres of seagrass with varying coverage, with a majority of seagrasses located along the northern perimeter and in the southwest quadrant of the flood shoal. The dredge template was designed to avoid larger and denser areas of seagrass by removing the northern perimeter and southwest quadrant of the flood shoal from the dredge template, ultimately resulting in a total net reduction of 6.26 acres (272,620 ft2) of seagrass impacts. A total of 116,670 yd3 of marine sediment will be dredged between Area A and Area B, impacting 0.65 acres (28,164 ft2) of seagrass.

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

The applicant has provided a 12-step mitigation plan to offset impacts to 0.65 acres of seagrasses. The plan includes the placement of 7,970 yd3 of clean sandy dredged material into a 0.9 acre area within the Old Port Cove dredge hole.

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 swimming sea turtles: (green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), and Loggerhead sea turtle (Caretta caretta)); Northern Atlantic right whale (Eubalaena glacialis), and smalltooth sawfish (Pristis pectinata), and may affect Johnson’s seagrass (Halophila johnsonii). The Corps is currently in consultation with National Marine Fisheries Service Protected Resource Division for concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The Corps has determined the proposal may affect the West Indian manatee (Trichechus manatus) and its designated critical habitat. The Corps received concurrence of this determination from the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act on June 04, 2021.


ESSENTIAL FISH HABITAT (EFH): The Corps is currently in consultation with National Marine Fisheries Service Habitat Conservation Division regarding effects to EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. 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 information provided by the applicant, the waterward edge of the proposed dredging aligns with the side slopes of the Intracoastal Waterway Federal navigation channel. Coordination is ongoing with USACE SAJ Navigation Section to confirm the proposed dredging does not exceed the design depth of the abutting Federal navigation 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 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.

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 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 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, Virginia King, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at Virginia.E.King@usace.army.mil or, by telephone at (561) 472-3515.


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.