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: Great American Life Insurance Company
Attn: Mark Muething
2 Alhambra Plz, STE 1280
Miami, FL 33134
WATERWAY AND LOCATION: The proposed project is located within Lake Worth Lagoon at 142 Lake Drive, Palm Beach Shores ( Section 27 and 34, Township 42 South, Range 43 East), Palm Beach County, Florida.
Directions to the site are as follows: Take I-95 to West Palm Beach and exit onto Blue Heron Blvd. East. Continue East on Blue Heron Blvd. over the Intracoastal bridge and turn right onto Lake Drive. The marina is approximately 0.4 miles on the right.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.778208°
Longitude: -80.040638°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve water access to an existing commercial marina.
Overall: The overall purpose is to improve water access for the existing Sailfish Marina, in Palm Beach Shores, Palm Beach County Florida.
EXISTING CONDITIONS: The adjacent upland contains a restaurant, ship store, and parking lot and has approximately 750 linear feet of bulkhead and 20,207 SF of existing floating and pile supported structures that make up a total of 93 slips. A seagrass survey of the project area was conducted on 2 September 2015. The benthic habitat consisted of sandy substrate, and no seagrass was identified within the boundary of the survey area. Water depths ranged from 4-14 feet.
PROJECT HISTORY: The Corps issued a permit on 20 August 1997 for the installation of a T-shaped dock, a 2,900 square foot platform, (12) 60 square feet finger piers, and 32 mooring piles.
PROPOSED WORK: The applicant proposes to reconfigure a 93 slip docking facility to a 73 slip facility that will result in a total of 22,302 square feet of in-water structures, by conducting the following activities:
1. Remove an existing 3,909 square foot north facing dock, including the finger piers and associated mooring piles;
2. Install a new 6,004 square foot floating north dock, that includes finger piers and (5) associated steel mooring piles (12-inch in diameter). The dock will be held in place with (18) 14-inch-16-inch steel guide piles.
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: Floating turbidity curtains will be used and the project will comply with the “Standard Manatee Conditions for In-Water Work -2011”, and the National Marine Fisheries Service’s “Sea Turtle and Smalltooth Sawfish Construction Conditions” dated March 23, 2006. All construction will take place during daylight hours. The floating dock and guide piles would be installed via a barge (80-foot by 25-foot) with a crane. The guide and mooring piles would be installed by jetting and vibratory hammer.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: No impacts to submerged aquatic vegetation are being proposed or are anticipated therefore no compensatory mitigation should be required.
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 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> N>O>P couplet 4, resulted in a “May Affect Not Likely to Adversely Affect” determination. The U.S. Fish and Wildlife has given programmatic concurrence with this determination and no further coordination is required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the endangered smalltooth sawfish (Pristis pectinata), swimming sea turtles: the endangered green sea turtle (Chelonia mydas), the endangered hawksbill sea turtle (Eretmochelys imbricata), the endangered leatherback sea turtle (Dermochelys coriacea), the endangered Kemp’s ridley sea turtle (Lepidochelys kempii), the threatened loggerhead sea turtle (Caretta caretta), and would not adversely modify its designated critical habitat. The Corps will request concurrence with theses determinations from the National Marine Fisheries Service (NMFS), Protected Resources Division 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. Approximately 6,004 square feet of unvegetated mud, sand, shell and rock habitat utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex will be shaded by the proposed structure. 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. 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 been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program.
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 Boulevard, 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 Boulevard, STE 500, Palm Beach Gardens, FL 33410; or by electronic mail at Linda.C.Knoeck@usace.army.mil; or, by telephone at (561)472-3531.
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.