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) as described below:
APPLICANT:
SHM New Port Cove LLC.
Attn: Peter Clark
14785 Preston Road, STE 975
Dallas, TX 75254
WATERWAY AND LOCATION: The project is located within the Lake Worth Lagoon, a water of the U.S. at the existing Safe Harbor New Port Cove commercial marina at 255 East 22nd Court, Riviera Beach (Section 28, Township 42 South, Range 43 East), Palm Beach County Florida.
Directions to the site are as follows: From I-95, exit Blue Heron Blvd and head east.
Turn right onto US1/Broadway then turn left onto East 22nd Court.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.7802°
Longitude: -80.0494°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve water access for an existing marina.
Overall: The overall project purpose is to improve water access for the Safe Harbor
New Port Cove commercial marina in Riviera Beach, Florida.
EXISTING CONDITIONS: The project is located within an existing commercial marina
that contains a total of 300 upland dry stock slips and 43 wet slips that include 14,666 square feet of over water structures (existing fixed concrete docks ~7,076 square feet, and existing floating docks ~7,590 square feet). A seagrass survey was conducted in July 2020 and indicated the presence of seagrass (Paddle grass <1%-30% coverage). The seagrass is present to the east and south of the existing structures in locations where vessels are not moored. The Corps issued an initial proffered permit for the proposed work on May 24, 2021, but the applicant did not sign the initial proffered permit and therefore the Corps did not sign and finalized the proffered permit.
PROPOSED WORK: The proposed project would increase the number of slips of an
existing commercial marina from 43 to 72 and includes the following activities:
1. Removal of 7 existing finger piers (total of approximately 540 square feet);
2. Removal of 53 existing mooring piles;
3. Installation of 10 finger piers (total of approximately 900 square feet);
4. Installation of 37 boatlifts;
5. Installation of 276 concrete or wood dock and boatlift piles via jetting and/or
driving);
6. Re-installation of 5 existing steel pipe piles and 1 new steel pipe pile via jetting
and/or vibratory hammer;
7. Relocation of a 1,528 square foot floating dock and gangway;
8. Installation of a 160 square foot floating dock addition to the relocated floating dock.
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 avoided direct impacts to aquatic resources by keeping all activities within the existing marina basin and slips. No expansion of the marina is proposed, and no finger piers are proposed over resources. The applicant agrees to abide by the “Standard Manatee Conditions for In-Water Work” and “Sea Turtle and Smalltooth Sawfish Construction Conditions.” Floating turbidity curtains would also be utilized during all in-water work and removed when the construction is completed.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant has stated that compensatory mitigation is not required because no impacts to submerged aquatic vegetation and/or other aquatic resources are proposed or anticipated.
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 evaluated potential project related effects to the West Indian Manatee (Trichechus manatus) by using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, (Key) dated April 2013. Using the Key resulted in the following sequential determination: A-B-C-G-H-I-J-K-N-O-P, paragraph 3 “may affect, not likely to adversely affect (MANLAA)”. This determination is based on the applicant adhering to the “Standard Manatee Conditions for In-Water Work (2011). For proposed in-water activities analyzed with the April 2013 version of the Manatee Key and 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), Kemp's Ridley (Lepidochelys kempii), Giant Manta Ray (Mobula birostris), Smalltooth Sawfish (Pristis pectinata), and the North Atlantic Right Whale (Eubalaena glacialis) and would not adversely modify any of their designated critical habitat. The Corps will request National Marine Fisheries Service concurrence with these determinations pursuant to Section 7 of the Endangered Species Act by separate letter.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act of 1996. The project would impact approximately 1,060 square feet of un-vegetated benthic habitat through the shading of pile supported structures. The benthic habitat is utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. The project as proposed will not have a substantial adverse impact on EFH or federally managed fisheries based on the applicant’s implemented avoidance and minimization measures. Additionally, the area is an existing marina with structures and vessels that shade the benthic habitat. Seagrass is located adjacent to the project, but not in the location of the in-water work or in the location where shading is already occurring. 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 activity is not located in the vicinity of a federal navigation 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, Linda C. Knoeck, in writing at Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida, 33410; by electronic mail at Linda.C.Knoeck@usace.army.mil; or, by telephone at (561)472-3506.
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 may be required from the Florida Department of Environmental Protection.
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.