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: Port of Palm Beach District
c/o Thomas Lundeen, P.E.
1 East 11th Street, STE 400
Riviera Beach, FL 33404
WATERWAY AND LOCATION: The project would affect waters of the United States associated with dredging and the installation of structures within tidally influenced water. The project site is located at Berth 1 in the Port of Palm Beach in Lake Worth Lagoon (Section 33, Township 42 South, Range 43 East), Riviera Beach, Palm Beach County, Florida.
Directions to the site are as follows: From I-95: take exit 74 for 45th Street 0.3 miles; Turn left onto 45th Street 2.5 miles; turn left onto Broadway 1.3 miles; Turn right onto East 11th Street 0.1 mile.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.771173°
Longitude: -80.051047°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve the water access for an existing docking facility.
Overall: The overall project purpose is to improve the water access for Berth 1 within Port of Palm Beach, Florida.
EXISTING CONDITIONS: The project is within an existing deep water port within Berth 1 that is currently maintained at an elevation of approximately ‐24 to ‐29 feet MLLW. Berth 1 is approximately 475 feet long consisting of a steel sheet pile bulkhead wall and a 60-foot long by 6-foot wide prop wash wall.
An aquatic resource survey was conducted in September 2015 and indicate the project location can be divided into subsections of hardbottom, varying low densities of Halophila decipiens, and unvegetated softbottom.
Dense cover of hydroids, bryozoans, branching sponges, and a few corals, octocorals, and macroalgae were identified in the area of “Large Boulders and Dense Rubble’ and ‘Rubble Hardbottom with Sporadic Large Boulders’. The ‘Rubble Hardbottom’ area was dominated by turf, contained some octocorals, and fewer hydroids, bryozoans, sponges than the previous habitat. There are two zones of H. decipiens within the surveyed area consisting of silty sand with sporadic, widely spaced rubble. The larger area (1.5 acres) was delineated as a zone of occurrence which is defined as an area where solitary shoots or several small patches of shoots occur at a very low frequency over large areas such that individual shoots/patches cannot be mapped and density is typically less than 1 shoot/10m2. Transects closest to the bulkhead (9 and 10) had the lowest Braun-Blanquet (BB) score. For Transect 9, only one quadrat had an occurrence of seagrass with BB score of 0.1; seagrass was not present in all other quadrats. Only two quadrats in Transect 10 had BB score of 0.1 with no seagrass present in the other quadrats. Other transects located partially within this zone had only one quadrat with a BB score of 0.1. The other seagrass zone designated as ‘Low Density/Patchy Seagrass Habitat’ occurs in two locations and is defined as an area where biologists could identify the bed edge with 5% to 25% cover, BB scores of 1 to 2 with an overall mean cover from 1% to 5%. Mean BB cover scores for the seagrass range from 0.23 ± 0.11 to 0.42 ± 0.14 for Transects 1, 2, 3, 4, and 8. Of those, Transects 1 and 2 had the highest mean seagrass cover score indicated an overall
cover of 1 – 5%.
For the bulkhead replacement, seawall transects were performed to detect the presence of coral colonies in which three species were documented (mostly Oculina robusta with one Phyllangia americana and Siderastrea siderea each). Only four colonies were greater than 10 cm (4 inches) and bleaching of several colonies was noted.
PROJECT HISTORY: The Corps issued permit SAJ‐1990‐03372(LP‐SLR) to the Port in April 2014 authorizing maintenance dredge related activities.
PROPOSED WORK: The applicant proposes to perform the following activities within Berth 1 in the Port of Palm Beach:
1. Construct three (3) 10-foot by 154-foot floating docks (total of 4 slips),
2. Install 8 dolphin piles;
3. Replace approximately 427 feet of steel pile bulkhead, and
4. Dredge approximately 2.7 acres (117,612 square feet) (20,956 cy), to -30-feet MLLW (+2-foot over draft). Dredged material will be placed within the Port’s preapproved spoil disposal location (Peanut Island).
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:
This project is located within an existing deep water port. It is anticipated to potentially have minor impacts to surface waters due to the floating docks shading the seafloor. Unavoidable impacts however are reduced by utilizing pile supported floating docks instead of filling the surface waters to construct an extension of the existing steel sheet pile bulkhead. Also the dock dimensions are designed to minimize impacts while providing the required mooring space. The proposed steel sheet pile bulkhead structure will be placed within approximately 3 feet of the existing wall on the water side. This is required since the existing structure is deteriorating and has reached its end of life. Replacing the wall in the current location will meet the demands for mooring while avoiding construction in an undeveloped location.
Berth 17 is currently utilized for Slip 3 construction, this project was designed to provide relief for ships previously mooring in that location. It will allow the Port to continue uninterrupted port operations including but not limited to cruise industry facilities, fuel/oil bunkering, bulk/break bulk materials, marine repair at the dry dock, and cargo for the public. The project was also designed to provide better berthing position since the area is currently utilized to dock ships and is located within an active deep water port. The area is also surrounded by industrial development and activity. Existing port related ship activity and lack of prime habitat reduce the likelihood of presence of fish and wildlife.
The Port will implement Best Management Practices for sediment control and water quality testing during the construction processes to comply with State water quality standards.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: As mitigation for impacts associated with the dredging, healthy corals equal to or greater than 10 centimeters in diameter will be transplanted from the ‘Area of large Boulders and Dense Rubble’ and the ‘Rubble Hardbottom with Sporadic Large Boulders’. The transplants are proposed for relocation to the Town of Palm Beach Mitigation Reef and Nearshore Coral Nursery.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties 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 proposal may affect but is not likely to adversely affect the West Indian Manatee or its designated critical habitat. The project impacts 2.7 acres (117,612 square feet) of hardbottom, varying low densities of Halophila decipiens, and unvegetated softbottom habitat. The Corps evaluated potential project related effects to the manatee 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, A>B>C>G>H>I>J>K, resulted in a “May Affect” determination because the project has not been reviewed by FWC or FWS and has not determined to be consistent with the Palm Beach County State-approved Manatee Protection Plan. The Corps will request FWS concurrence with this determination pursuant to The U.S. Fish and Wildlife has given programmatic concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.
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), and Kemp's Ridley (Lepidochelys kempii), and the threatened smalltooth sawfish (Pristis pectinata) and would not adversely modify 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 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 2.7 acres (117,612 square feet) of the following habitats, hardbottom, varying low densities of Halophila decipiens, and unvegetated softbottom, that is 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 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 proposed dredging and proposed structures are within the Corps setback of the Federal channel. The project may require a separate 408 review and approval from the Corps Engineering Division.
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.
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 Permits Section, 4400 PGA Blvd, STE 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 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, Ms. Linda C. Knoeck, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Blvd, STE 500, Palm Beach Gardens, FL, 33410; by electronic mail at Linda.C.Knoeck@usace.army.mil; by facsimile transmission at (561)626- 6971; or, by telephone at (561)472-3527.
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. 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 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. 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.