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SAJ-2003-02932(MOD-LCK)

USACE Jacksonville District
Published Dec. 6, 2021
Expiration date: 12/27/2021
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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403), and Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:


APPLICANT:
Palm Beach County Department of Environmental Resources Management
c/o Deborah Drum
2300 N. Jog Road
West Palm Beach, FL 33411

WATERWAY AND LOCATION: The project would affect Waters of the United States associated with the Lake Worth Lagoon and the Intracoastal Waterway. The project site is located approximately 0.25 miles south of the Everglades Island along a sandy, rocky island that is a component of the Anastasia formation in Lake Worth Lagoon (Section 35, Township 43 South, Range 43 East), Town of Palm Beach, Palm Beach County, Florida.

Directions to the site are as follows: From I-95 South, take Exit 68 to Southern Boulevard. Turn east onto US-98E/FL-80/FL-700/Southern Blvd and travel to the causeway on Bingham Island. The project site is located approximately 0.7 miles north of the causeway in Lake Worth Lagoon.

APPROXIMATE CENTRAL COORDINATES:

Latitude: 26.6854°
Longitude: -80.0436°

PROJECT PURPOSE:

Basic: The basic project purpose is to restore and enhance the aquatic environment.

Overall: The overall project purpose is to reestablish a mangrove island to restore and enhance the aquatic environment of Lake Worth Lagoon in eastern Palm Beach County, Florida.

EXISTING CONDITIONS and project history: The project site is located on a portion of the Anastasia formation that runs the length of the Lake Worth Lagoon. The project site occurs where the Anastasia rock structure approaches the MLW line and has collected rocks and medium to coarse sand. As recently as 2004, the project site supported a small mangrove island surrounded by rocky shallows. Over time, the mangroves have eroded leaving just the rock and surrounding coarse sediments. A benthic resource survey conducted in April 2020 confirmed that a patch of paddle grass (Halophila decipiens) is present to the east of the project beyond the proposed fill template.

The Corps issued a Department of the Army permit dated March 17, 2021 which authorized reestablishment of a 0.38 acres mangrove island and the installation of 6 intertidal breakwaters and 23 oyster reef modules that includes the following work:
• Placement of 1,158 cy of fill material within a 0.62 acre area to an elevation of -0.5 NAVD 88;
• Placement of 9,204 cy of 2’-3’ limestone boulders within a 0.08 acres area;
• Placement of 17,402 cy of 9”-18” limestone rock over a 0.17 acre area;
• Planting of 1,500 red mangroves

All project components will be constructed with a lagoon compatible material consisting of clean sand and limestone rock. Materials will be transported to the project area via barge and shallow draft vessels (< 4ft draft) will be utilized to access the site and avoid bottom scouring. A barge-based long stick excavator will be utilized from the western limits of the project to place material and avoid nearby seagrass resources. The project will result in the creation of 0.38 acre of intertidal mangrove habitat and 0.25 acre of oyster reef habitat.

PROPOSED WORK: Recent additional funding provided to the applicant allows an increase in the acreage of mangroves and reefs to be constructed. Therefore the Permittee is requesting a modification to the scope of work to allow the placement of additional fill for increased forage opportunities and nesting areas for shorebirds and provide additional habitat value within the project. Project will result in an increase in the acreage of quality fish and wildlife habitat and restore an eroded mangrove island. The modified project description is below. The modified work is shown with underline and any changes are crossed out.

The applicant seeks authorization for the reestablishment of a mangrove island and the installation of 6 intertidal breakwaters and 23 53-oyster reef modules that includes the following work:
• Placement of 1,158 4,496 cy of fill material within a 0.62 1.2 acre area to an elevation of -0.5 NAVD 88 for mangrove planting area;
• Placement of 500 cy of small shell/gravel within a 0.20 acre area for shorebird nesting berm);
• Planting of 1,500 2,500 red mangroves;
• Placement of 9,204 290 cy of 2’-3’ limestone boulders within a 0.08 0.11 acre area (wave breaks);
• Placement of 17,402 754 cy of 9”-18” limestone rock over a 0.17 acre area (oyster reefs);
All project components will be constructed with a lagoon compatible material consisting of clean sand and limestone rock from the Peanut Island Dredged Material Management Area (DMMA) and/or from an upland sand source that where the fill material shall be clean sand (classified as Find Sand, Medium Sand, or Coarse Sand on the Wentworth scale), free of rock in excess of 3.5” diameter, free of organic or other deleterious substances and containing a maximum of 4% (by weight) of material passing through a U.S. Standard No. 200 sieve. Fill shall be free of roots, logs, trash, debris, organics and silt/clay, which might cause a violation of turbidity standards. Materials will be transported to the project area via barge and shallow draft vessels (< 4ft draft) will be utilized to access the site and avoid bottom scouring. A barge-based long stick excavator will be utilized from the western limits of the project to place material and avoid nearby seagrass resources. The project will result in the creation of 0.38 0.46 acres of intertidal mangrove habitat and 0.17 acres of oyster reef habitat.

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 turbidity curtains will be used and anchored along the eastern project boundaries separating and protecting the existing seagrasses from impacts. Turbidity curtains will surround the work area preventing turbidity from moving off-site. Shallow draft vessels (<4 draft) will be used to access the site and avoid bottom scouring. A barge-based long stick excavator will be used to reach across shallow water and place and grade the sand and rock. The result of project construction will be the reestablishment and expansion of the existing eroded mangrove island. All in-water work will take place during daylight hours.

COMPENSATORY MITIGATION: The applicant has provided the following explanation as to why compensatory mitigation should be required: Compensatory mitigation should not be required since the project will reestablish and expand a previously eroded mangrove island. The addition of mangroves, oyster reefs, and a shorebird nesting mound provide more valuable estuarine resources that currently exist at the site. The proposed work will provide increased fish and wildlife habitat value compared to the current eroded condition of the site.

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 modified project may affect, but is not likely to adversely affect the West Indian Manatee. 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-N-O-P, paragraph 3 “may affect, not likely to adversely affect”. This determination is based on the applicant adhering to the “Standard Manatee Conditions for In-Water Work (2011)”. The U.S. Fish and Wildlife Service (FWS) has stated in which the Corps reaches a MANLAA determination with respect to the manatee and/or its designated critical habitat, the FWS concurs with the Corps determination is 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 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 will request informal consultation with 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 1.2 acres of subtidal and intertidal barren rocky substrate and sand 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 waterward edge of the proposed fill is approximately 950 feet away from the near bottom edge 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.

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.