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: William Cimowsky
904 NE 4th Street
Delray Beach, FL 33483
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Intracoastal Waterway. The project site is located at 904 NE 4th Street, Section 16, Township 46 South, and Range 43 East, Delray Beach, Florida.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.469089°
Longitude: -80.063269°
PROJECT PURPOSE:
Basic: To provide shoreline stabilization and water access improvements.
Overall: To provide shoreline stabilization and water access improvements at an existing private residence in Delray Beach, Florida.
EXISTING CONDITIONS: The project site is located adjacent to a private residence within the Intracoastal Waterway, which is assessable to fish and aquatic wildlife species as well as ESA listed species such as manatees, sea turtles, smalltooth sawfish, and other motile species. A benthic survey conducted June 7th, 2021 reported that there were no resources observed within the project vicinity. The site contains an existing marginal dock and a bulkheaded shoreline with a basin that connects to a 3,000 square foot pond via a pipeline.
PROPOSED WORK: The applicant seeks authorization to (1) remove the existing 126 square foot marginal dock, (2) install a new elevator boatlift, (3) place 500 cubic yards of clean fill within the pond and basin (3,117 square feet), and (4) install 108 linear feet of new seawall, no more than 18-inches waterward of the existing seawall, with the exception of the basin/pond area, which would be filled to match the adjacent shorelines along the 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:
• Backfill within the basin and pond area would not extend past the existing adjacent shoreline along the property;
• Only clean fill materials would be used;
• Turbidity curtains would be used during in-water construction;
• Applicant would adhere to the Standard Manatee Conditions and the Jacksonville District Biological Opinion (JaxBO) project specific project design criteria.
COMPENSATORY MITIGATION –
The applicant has provided the following explanation why compensatory mitigation should not be required:
The project would not result in adverse impacts to aquatic resources.
CULTURAL RESOURCES:
The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
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)”.
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 or request concurrence from NMFS.
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 0.07 acre of un-vegetated submerged benthic 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 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 32.5 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 been verified by Corps personnel.
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, Florida 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, Christian Karvounis, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by e-mail at Christian.G.Karvounis@usace.army.mil; 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.
WATER QUALITY CERTIFICATION: This public notice serves as the notification to the EPA pursuant to section 401(a)(2) of the Clean Water Act. Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.
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.