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: MSP Partners Realty LLC
c/o Brian Vermeulen
130 Australian Ave
West Palm Beach, FL 33406
WATERWAY AND LOCATION: The project would affect waters of the United States associated with an unnamed lake. The project site is located at 150 Australian Ave, West Palm Beach, Section 32, Township 43 south, Range 43 east, Palm Beach County, Florida.
Directions to the site are as follows: From I-95N, take Exit 68 and merge onto the right ramp and turn right onto US-98 W/ SR-700 W/ SR-80W/ Southern Blvd. Take the right ramp for Australian Ave towards Palm Beach International Airport. Turn right onto Gem Lake Drive and proceed to 150 Australian Ave.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.678194°
Longitude: -80.071781°
PROJECT PURPOSE:
Basic: water access
Overall: The enhancement of water access at the Hilton Palm Beach Airport hotel in Palm Beach County, FL.
EXISTING CONDITIONS: The project site is located adjacent to the Hilton Palm Beach Airport hotel within an unnamed freshwater lake that receives drainage from Clear Lake through a system of small canals and water conveyance structures. The shoreline of the lake is regularly mowed and maintained and lake banks within the project area are vegetated with St. Augustine grass (Stenotaphrum secundatum). Therefore, the onsite lake system lacks littoral wetlands. The site contains an existing 1,462 ft2 wooden walkway, a 328 ft2 L-shaped wooden dock, and a 699 ft2 wooden deck. These structures are currently utilized as recreational features and viewing structures, and are not designed to provide for vessel mooring. The waterbody is accessible by local boat traffic from the Lake Clarke Shores area and the C-51 Canal to the south via a small canal under the Southern Boulevard bridge just west of I-95. There is also a boat ramp on the northeast side of the lake for public access. While the C-51 Canal discharges to the Intracoastal Waterway (ICW) via the S155 water control structure, the S155 prevents vessel access to or from the ICW.
PROPOSED WORK: The applicant seeks authorization to install a 1,584 ft2 wooden dock to accommodate 15 vessel slips and install a 274 ft2 wooden dock addition to the existing 328 ft2 L-shaped dock to accommodate 10 vessel slips.
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 project as proposed is held entirely within the cove area of the existing western
shoreline of the lake. We’ve already proposed to reduce the project from 46 slips to 15 slips for vessels and 10 slips for jet skis, thus removing 2,574 SF of proposed dockage. There is no impediment to existing navigation in the area as a result of this project, as all work is proposed on the western cove of the canal, with the existing channel running North-South along the East portion of waterway. Turbidity curtains will be used during all pile installation to ensure water quality remains unchanged once settled. Piles to be
installed using low pressure jet pump.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
No mitigation is proposed since there are no impacts to any manatees, endangered fish or other wildlife, wetlands or other aquatic resources.
CULTURAL RESOURCES:
The Corps has determined the activity within the permit area is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”.
ENDANGERED SPECIES:
The Corps has determined the proposal would have no effect on any listed threatened or endangered species or designated critical habitat.
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. Due to the project’s location in freshwater surface waters, the proposed action would not have an 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.
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 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 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, Virginia King, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at Virginia.E.King@usace.army.mil ; or, by telephone at (561) 472-3515.
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, aesthetics, 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.
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.