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: Town of Palm Beach
Attn: Thomas Bradford
360 South County Road
Palm Beach, FL 33480
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the installation of suitable artificial reef material at seven different places in the Atlantic Ocean offshore of Palm Beach County.
Latitude and Longitude of Reef Modules
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Modules
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Latitude
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Longitude
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Depth (feet)
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Minimum depth of clearance from top of deployed material relative to MLW
|
|
M-1
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26.686º
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80.032º
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12
|
6
|
|
M-2
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26.684º
|
80.032º
|
13
|
7
|
|
M-3
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26.683º
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80.032º
|
13
|
7
|
|
M-4
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26.681º
|
80.031º
|
14
|
8
|
|
M-5
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26.682º
|
80.030º
|
18
|
12
|
|
M-6
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26.681º
|
80.030º
|
18
|
12
|
|
M-7
|
26.723º
|
80.020º
|
70
|
60
|
Directions to the site are as follows: This site is only accessible by boat offshore of the shoreline of Palm Beach County in the Atlantic Ocean at the above latitude and longitudes.
PROJECT PURPOSE:
Basic: The basic project purpose is to deploy artificial reef (hardbottom substrate) material.
Overall: The overall project purpose is to deploy artificial material offshore of Palm Beach County.
EXISTING CONDITIONS: The project is located in the Atlantic Ocean off Palm Beach County. The description of the benthic habitat is predominately unconsolidated sand substrate separated by bands of hardbottom and coral benthic habitats. The proposed artificial reef locations are adjacent to hardbottom.
PROJECT HISTORY: On April 26, 2013, The Florida Department of Environmental Protection (FDEP) issued a Permit Modification, which authorized the construction of mitigative artificial reefs to compensate for unanticipated temporary impacts to hardbottom resources from the 2003 and 2006 Mid-Town Nourishment Projects. Although the Corps did not require additional mitigation for the temporary impacts, authorization is required for the deployment of the mitigation reefs.
PROPOSED WORK: The project proposes to construct a total of 7 reef modules for a total of 2.32 acres of reef construction. Six (6) modules for a total of 1.84 acres, will be placed in the nearshore in the vicinity of R-103 to R-105 approximately 600 to 1,500 feet offshore in depths ranging from 12 to 24 feet. One reef module for a total of 0.48 acres, will be constructed approximately 4,900 feet offshore of R-91 in a depth of 70 feet, and is intended to be utilized as a coral nursery receiver site for deeper-water coral species. Each module will be constructed of limestone boulders of 4-foot nominal dimensions. Rocks will be placed as a single layer over the extent of the module with additional rocks placed in a random pattern on top of this initial layer to increase the reef profile and rugosity.
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:
Reef modules will be constructed in areas with sand depths over stable substrate of 4-feet or less to ensure that subsidence of the modules does not result in permanent burial. This necessitates that the modules are constructed in the vicinity of existing persistent and ephemeral hardbottom habitat to utilize the same base rock structure to achieve this requirement. Module placement will avoid areas of exposed hardbottom resources. Given the historic variability in ephemeral hardbottom conditions within the nearshore area, site conditions will be field verified at the time of construction prior to module placement. Module boundaries and dimensions may be field modified as required to maintain a sufficient buffer and avoid impacts to exposed hardbottom resources at the time of construction. All work will take place during daylight hours.
COMPENSATORY MITIGATION: The applicant has provided the following explanation as to why compensatory mitigation should be required:
No impacts to benthic resources (submerged aquatic vegetation, hardbottoms or corals) are proposed or anticipated therefore no compensatory mitigation shall be required.
CULTURAL RESOURCES: The U.S. Army Corps of Engineers (Corps) is not aware of any known historic properties or resources 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 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 endangered West Indian manatee (Trichechus manatus) and would not adversely modify its designated critical habitat. The U.S. Fish and Wildlife Service’s has given concurrence with this determination pursuant to Section 7 of the Endangered Species Act and no further consultation is required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the endangered and threatened swimming sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta), the endangered smalltooth sawfish (Pristis pectinata) and the swimming sea turtle, Loggerhead designated critical habitat. The Corps will request National Marine Fisheries Service's concurrence with these determinations pursuant to Section 7 of the Endangered Species Act 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 only impact a total of 2.32 acres of unconsolidated sand 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 Division. 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.
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.
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 Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 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 aquatic resources. 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, Ms. Linda C. Knoeck, in writing at the Palm Beach Gardens Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410, by electronic mail at Linda.C.Knoeck@usace.army.mil, by fax at (561)626-6971, or by telephone at (561)472-3530.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Service, 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat.
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 and the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.
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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.