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) as described below:
APPLICANT: Isram Realty Management LLC.
Attn: Shaul Rikman
506 South Dixie HWY
Hallandale, FL 33309
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the discharge of fill material within Waters of the U.S. The project is located on an 11.7 undeveloped parcel (PCN: 08434534010000040, 08434534010000030, 08434533000001460, 08434533000001392), adjacent to the Intracoastal Waterway, Boynton Beach (Section 33, Township 45 South, Range 44 East), Palm Beach County Florida.
Directions to the site are as follows: Take I-95 and exit on East Woolbright Road, turn right onto U.S. Federal Highway 1, parcels are on the right across from SE 18th Avenue.
APPROXIMATE CENTRAL COORDINATES:
Basic: The basic project purpose is construction of a waterfront multi-family residence.
Overall: The overall project purpose is construction of a waterfront multi-family residence in Palm Beach County Florida.
EXISTING CONDITIONS: The project site consists of an 11.7 acre undeveloped parcel that contains a total of 7.39 acres of mangrove wetlands and 4.31 acres of uplands. The wetland community consist of black mangroves (Avicennia germinans), white mangroves (Laguncularia racemosa), and red mangroves (Rhizophora mangle) on the eastern portion of the site, with a disturbed upland area to the west.
PROPOSED WORK: The applicant proposes to impact 1.62 of jurisdictional mangrove wetlands for the construction of a multi-family residence that includes the installation of a 650 linear foot sheet pile retaining wall at 7-foot NAVD located waterward of the proposed fill material.
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 proposed site plan has been reduced several times from originally impacting 7.39 acres of wetlands, which was originally reduced by 20% to 5.92 acres of wetland fill. The site plan was then reduced again to the current plan, which will limit impacts to 22% or 1.62 acres of wetlands.
COMPENSATORY MITIGATION: The applicant has provided the following explanation as to why compensatory mitigation should be required: The applicant has stated that the 5.77 acres of wetlands that are being preserved onsite will be deeded to the City of Boynton Beach as part of the overall avoidance and minimization to the 7.39 acres of wetlands.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. Information gathered by the Corps states that the subject property has not been evaluated by the State Historic Preservation Officer (SHPO). 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 and coordination with the SHPO and those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect the endangered wood stork (Mycteria americana). The Corps will request formal consultation with the Wildlife Service 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 1.62 acres of mangrove wetlands. 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.
NAVIGATION: The project is located with the Corps setback of the federal channel. The project will be coordinated with the Corps Navigation Division to ensure that the project will not impede navigation or the operation and maintenance of the federal channel.
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.