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: DMBH Residential Investment LLC
Attn.: Daniel Catalfumo
4001 Design Center Dr., Suite 110
Palm Beach Gardens, Florida 33410
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Intracoastal Waterway. The project site is located at 11402 Dolphin Lane and 11333 Ellison Wilson Road, Section 05, Township 42 South, Range 43 East, North Palm Beach, Florida 33408.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.842217°
Longitude: -80.066016°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve shoreline stabilization and water access.
Overall: The overall project purpose is to improve shoreline stabilization and water access at an existing multifamily residence in Palm Beach County, Florida.
EXISTING CONDITIONS:
The project sites are located within the Intracoastal Waterway, which are tidal waters assessable to fish and aquatic wildlife species as well as federally listed species such as manatees, sea turtles, smalltooth sawfish, and giant manta rays. The proposed work would also fall within the setback of the Federal Channel and right-of-way. A benthic survey was conducted on June 1, 2022, which reported paddle grass (Halophila decipiensi) with a density of 10% located throughout the project vicinity. The survey was field verified by the Florida Department of Environmental Protections on June 16, 2022.
PROPOSED WORK: The applicant seeks authorization to improve water access and shoreline stabilization by conducting the following in-water work:
1. Removing 1,335 square feet of existing docks, boat lift, and mooring piles;
2. Removing 218 linear feet of existing seawall and installing 282 linear feet of new seawall to be placed landward of the existing seawall;
3. Installing 60 linear feet of submerged sheet piles;
4. Mechanically dredging 300 cubic yards of substrate from a 958 square foot area to -4 feet Mean Low-Lower Water (MLW);
5. Mechanically dredging 1,200 cubic yards of substrate from a 4,088 square foot area to -6 feet MLW;
6. Mechanically dredging 1,300 cubic yards of substrate from a 4,212 square foot area to -4 feet MLW;
7. Installing 669 square feet docking structure consisting of four finger piers; one (1) 27-feet by 5-feet, one (1) 30-feet by 4-feet, and two (2) to be 39 by 5 feet;
8. Installing three (3) 8-pile boat lifts;
9. Installing 15 mooring piles
The above work would result in direct and secondary impacts to 0.018 acre of seagrasses (443 square feet of direct impacts and 346 square feet of secondary impacts). The facility would moor a total of 7 vessels.
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:
• Applicant has proposed to avoid approximately 717 square feet of seagrasses
• Turbidity curtains would be used during construction
• Dredged material would be transported and disposed of at a self-contained, upland disposal site
• Applicant would adhere to the Standard Manatee Construction Conditions and the NMFS’ Protected Species Conditions
COMPENSATORY MITIGATION –
The applicant has proposed on-site mitigation to offset the loss of 0.018 acre of seagrasses, which would consist of dredging 600 cubic yards of substrate from a 2,022 square foot area to -3 feet MLW at the north end of the site.
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 initially that the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus), Loggerhead (Caretta caretta), Green (Chelonia mydas), and Kemp’s Ridley (Lepidochelys kempii) sea turtles, Smalltooth sawfish (Pristis pectinata), and the Giant Manta Ray (Mobula birostris). The Corps will evaluate the proposed work and request concurrence from the U.S. Fish and Wildlife Service and National Marine Fisheries Service 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 0.25 acre of submerged substrate containing seagrasses, utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. Of the 0.25 acres where structures and dredging are proposed, ~0.018 acres of direct impacts to seagrass will occur via dredging. 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: The proposed project would occur within the setback of a Federal Navigation Channel.
SECTION 408: The Corps has not determined whether the applicant will require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would potentially 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 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, 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.
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.