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) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: City of Delray Beach
Attention: Missie Barletto
434 S. Swinton Avenue
Delray Beach, Florida 33444
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Intracoastal Waterway. The project site is located at the City of Delray Beach Marina located on Marine Way, Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida.
Directions to the site are as follows: Take Interstate 95 to Exit 52 for FL 806/ Atlantic Avenue. Travel east on Atlantic Avenue for approximately 1 mile and turn right onto SW 1st Avenue. Then turn left onto SW 1st Street, and travel 0.6 miles and right onto Marine Way. Project will be on the right side.
APPROXIMATE CENTRAL COORDINATES: Latitude: 26.45991°
Longitude: -80.06452°
PROJECT PURPOSE:
Basic: Stormwater Management, water access, shoreline stabilization
Overall: The overall project purpose is to reduce stormwater flooding associated with king high flooding events adjacent to Marine Way, and to improve water access and stabilize the shoreline along Marine Way, Delray Beach, Palm Beach County, Florida.
EXISTING CONDITIONS: The proposed project is located along the Intracoastal Waterway within the 62.5-foot setback of the Federal Channel and within Real Estate-IWW- JaxToMiami Tracts 772 and 789. There is a 6,319 square foot mangrove fridge located within the project area, consisting of red (Rhizophora mangle) and black (Avicennia germinans), and white (Lagunicularia racemosa) mangroves with seaside Mahoe (Talipariti tiliaceum). The existing seawall has failed and is leaning diagonally or completely horizontal within the mangrove fringe. The failed seawall has allowed mangroves to grow landward of the previously existing seawall.
For at least two decades and currently, Marine Way experiences severe flooding during high tides and particularly during king tides. This problem has gotten progressively worse due to climate change and the ensuing sea level rise. The existing road has been continuously undermined with each tidal exchange and deteriorated due to the flooding events. The overall purpose of this project is to implement the City of Delray Beach’s seawall height standard of 3.87 feet NAVD 88 to prevent the severe flooding of Marine Way. The two existing public access ramps at the Deck 84 Restaurant will no longer be structurally compatible with the new seawall elevation and must be reconstructed. Additionally, one new public ADA access ramp is to be constructed to provide acceptable ADA connection with the proposed new seawall elevation.
PROPOSED WORK: The applicant seeks authorization to improve the stormwater management, water access, and stabilize the existing shoreline within and adjacent to Marine Way and the Deck 84 Restaurant. Specifically, the proposed activities include:
1. Remove a 24 linear foot section of seawall associated with the proposed discharge bay associated with the upland pump station and partially remove an 36 linear seawall for the proposed utility bay.
2. Install 500 square feet of metal pedestrian grating over proposed utility bay; and install 382 square feet of metal pedestrian grating over proposed discharge bay.
3. Install three 14-inch concrete square pilings associated with the proposed discharge bay and utility bay.
4. Install three clusters of three 12-inch wooden pilings to be used as fenders at the proposed discharge and utility bays;
5. Install a 595 linear foot seawall with a 3.5 foot wide concrete cap with a 4.2 foot to 6 foot tall notch along the waterward face of the cap.
6. Install a 595 linear foot temporary sheet pile wall waterward of the proposed seawall cap. The temporary sheet pile wall will be removed after construction of the seawall cap and 4.2 foot to 6 foot tall notch until complete.
7. Remove three existing access walkways associated with the Deck 84 Restaurant Dock, total of 188 square feet
8. Construct two new 62 square foot public non-American Disabilities Act (ADA) Access walkways for an existing dock associated with the Deck 84 Restaurant and impacting 5.52 square feet of mangroves wetlands. The southern access walkway measures 15.5 feet long by 4 feet wide and the second non-ADA access walkway (northern) measures 15.5 feet long by 4 feet wide.
9. Construct a new 222 square foot public ADA access ramp associated with Deck 84’s Restaurant Dock, impacting 191.05 square feet of mangroves.
10. Installation of a 4-inch HDPE drainage pipe under the Atlantic Avenue Bridge and reconstruction of one existing 4-inch HDPE drainage pipe under the Atlantic Avenue Bridge.
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 proposed pumpstation discharge pipes will be equipped with manatee grates (three 30-inch steel pipes and one 16-inch steel pipe which discharge stormwater). The two proposed 4-inch drain pipes under the Atlantic Avenue bridge will be equipped with Wa-Stop valves to prevent backflow. The existing 48-inch gravity discharge FDOT outfall pipe will be equipped with a Wa-Stop valve and a manatee grate.
• Comply with JAXBO PDC’s for In-Water Activities, including the use of turbidity barriers.
• Comply with the Standard Manatee Conditions for In-Water Work – 2011
• Use of clean fill/ associated with the proposed shoreline stabilization
• Comply with the Eastern Indigo Snake Standard Protection Measures during construction.
• The proposed seawall along Marine Way is to be constructed at the existing eastern edge-of-pavement of Marine Way where there is existing asphalt, and to the west of any mangroves to avoid mangrove wetland impacts. There are many areas within the existing mangrove fringe that consist of localized monocultures of seaside mahoe. The new seawall has been designed in such a way as to place impacts within these areas, thereby eliminating mangrove impacts associated with the installation of the new seawall.
• The proposed eastern edge-of-pavement of Marine Way will be shifted a maximum of 6.7 feet and a minimum of 3.5 feet landward (west) from the existing eastern edge-of-pavement in order to accommodate space for the new seawall and all required improvements.
• The reconstruction of the two existing public access ramps was designed to meet minimum construction and safety standards while also minimizing the footprint of mangrove impacts as much as possible.
• The construction of the ADA ramp was designed to reduce mangrove impacts by placing the termination of the proposed ADA ramp in alignment with the existing access ramp termination.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“No compensatory mitigation for unavoidable impacts is proposed. The applicant feels that given the public interest associated with the project and the fact that it will result in de minimis impacts to waters and wetlands (0.01 acres overall; 196.57 square feet of mangrove wetland impact and 158.85 square feet of impacts to surface waters), compensatory mitigation is not warranted.”
CULTURAL RESOURCES: The Corps is aware of recorded historic resources within or adjacent to the permit area and 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); swimming sea turtles: (green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta)); smalltooth sawfish (Pristis pectinata); Giant Manta Ray (Mobula birostris); Eastern indigo snake (Drymarchon couperi); and wood stork (Mycteria americana). The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.
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 applicant states that the proposal would impact 196.57 square feet of tidal red, black, and white mangroves. However, the Corps anticipates that the project will also likely impact mangroves for the installation of the new 595 linear foot seawall and temporary sheet pile wall, up to an additional 1000 square feet of mangrove impacts. Tidal mangrove wetlands are 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 an 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 located within the 62.5-foot setback of the near bottom edge of the Intracoastal Waterway federal channel. The project will be coordinated with the Corps Navigation Section and Real Estate Division for comments.
SECTION 408: 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 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 not 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, Jeffrey Meyer, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Jeffrey.L.Meyer@usace.army.mil; or, by telephone at (561) 871-0387.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification is required from the South Florida Water Management District (SFWMD) and has been issued under individual environmental resource permit no.: 50-107902-P dated March 14, 2023.
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.