Public Notice Notifications

The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

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).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2021-02060 (SP-CGK)

USACE Jacksonville District Regulatory Division
Published Jan. 11, 2022
Expiration date: 2/12/2022
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: Palm Beach County Environmental Resources Management
c/o Deborah Drum
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 in tidal waters east of Flagler Drive in between Palm Beach Lakes Blvd and 9th Street in West Palm Beach, Section 15, Township 43 South, Range 43 East, Palm Beach County, Florida.

Directions to the site are as follows: From I-95, exit onto Palm Beach Lakes Blvd. Continue east to the intersection of Palm Beach Lakes Blvd and North Flagler Drive. The project site is located just east of North Flagler Drive between Palm Beach Lakes Blvd and 9th Street.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.724032°
Longitude: -80.048258°

PROJECT PURPOSE:

Basic: Aquatic habitat creation and enhancement

Overall: Aquatic habitat creation and enhancement within the Lake Worth Lagoon in Palm Beach County, FL.

EXISTING CONDITIONS:
The project footprint encompasses approximately 5.34 acres of submerged bottom west of the Intracoastal Waterway (ICWW) federal channel within the Lake Worth Lagoon, including a 3.49-acre dredge hole along the northernmost project limits. Depths within the project area range 6-10’ along the western edge of the ICWW, with greater depths of 12-14’ within the dredge hole. Substrate consists primarily of fine sand and silt within the shallowest areas and a thick layer of organic muck within the dredge hole. Submerged aquatic resource surveys conducted in May and July 2018 and June 29 & 30, 2021 confirmed that seagrass and other submerged aquatic resources are not present within the project vicinity.

PROPOSED WORK: The applicant seeks authorization to enhance 5.34 acres of intercoastal habitat by creating 0.90 acres of mangrove habitat, 2.59 acres of seagrass habitat, 0.17 acres of oyster reef habitat, with 1.25 acres to remain as benthic-sand habitat. The associated work would include:
• Placement of 52,000 yd3 of clean fill (sand) within a 4.69 acre total area to an elevation of (-) 0.5-feet to (-)6.0’feet NAVD88 to create a 3.79-acre plateau and a 0.9-acre island
• Placement of 2,470 yd3 of stone fill within a 0.6 acre total area to create a 0.43-acre spur jetty, 0.04-acre oyster banks, 0.08-acre oyster reef, and 0.05-acre oyster pods.
• Planting of red mangroves (Rhizophora mangle) and smooth cordgrass (Spartina alterniflora) within a 0.9-acre area.

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:

All project components will be constructed with lagoon compatible material consisting of clean sand and bedding and armor stone. Materials will be transported to the project area via barge and may be placed by excavators and/or conveyor belt systems. Drafts of construction barges will vary between 3-5’ depending on the load of material. Turbidity curtains will be deployed as necessary to prevent sediment plumes from exceeding standards. Curtains will surround the ongoing work footprint in the smallest
footprint possible to minimize potential impacts to local navigation. The contractor will monitor turbidity levels during filling activities. Staff onsite will observe for manatees and follow standard manatee conditions for in-water work.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

As the proposed work will not impact aquatic resources and will result in the creation and enhancement of aquatic habitat, no 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, if needed, 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). 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 4 and 5 “may
affect, not likely to adversely affect”. The MANLAA determination is based on the
applicant adhering to the “Standard Manatee Conditions for In-Water Work (2011)”.
Furthermore, the spacing and configuration of the breakwaters and oyster reef modules
will prevent these structures from acting as barriers or restricting manatee movement.
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) and the
North Atlantic Right Whale (Eubalaena glacialis). 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 5.43 acres of barren submerged bottom 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.

NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is greater than 100 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 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, Christian Karvounis, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410; by e-mail at Christian.G.Karovunis@usace.army.mil; by or, by telephone at (561)472-3508.

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.

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