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: Marine Industries Assoc. of Palm Beach County, Inc.
c/o George G. Gentile, Managing Member
1208 US Highway One, Suite B
North Palm Beach, FL 33410
and
Palm Beach County Environmental Resources Mgt.
c/o Deborah Drum, Director
2300 N. Jog Road, 4TH Floor
West Palm Beach, FL 33411
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Lake Worth Lagoon. The project site is located 6500 Peanut Island Road, Section 34, Township 42 South, Range 43 East, in West Palm Beach, within Palm Beach County, Florida.
Directions to the site are as follows: The Project site is located just north of Peanut Island Park and south of Phil Foster Park located at the Blue Heron Bridge. The Project site is only accessible by waterway transportation (e.g., water taxi, private recreational vessel, commercial charter, kayak, etc.).
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.77884°
Longitude: -80.04314°
PROJECT PURPOSE:
Basic: Navigation.
Overall: Improve navigation around Peanut Island, in Palm Beach, Palm Beach County, Florida.
EXISTING CONDITIONS: The Lake Worth Inlet Flood Shoal (LWIFS) is located in Lake Worth Lagoon between Peanut Island and the Phil Foster Park Snorkel Trail. The Lake Worth Inlet was stabilized in 1918, allowing coastal longshore sediment transport to be diverted and enter the Lake Worth Lagoon. Oceanic water entering through Lake Worth Inlet is directed south of Peanut Island through the Atlantic Intracoastal Waterway (ICW) or north where shallow lagoon depths allows for sediments to accumulate creating the LWIFS. Bathymetric surveys conducted over the past 16 years have shown variability in the location and size of the LWIFS. Prior to bathymetric data collection, aerial photography depicts a smaller sized flood shoal at the current location.
Due to the increased size and frequency of vessels using the navigational channel east of the LWIFS and public recreational use of the LWIFS, a need for sediment management of the shoal was identified. In response, dredging is proposed around the northeast portion of the shoal with the goals of reducing sedimentation to Phil Foster Park Snorkel Trail, improving navigation and safety, and providing easier access to vessel-based first responders and law enforcement.
A benthic aquatic resource survey was completed on seven separate days between May and July 2019. Initial reconnaissance surveys were conducted in May to identify transect locations and spacing for the in-season June/July survey efforts which occurred on June 13, 14, 17 and July 1, 2019. The survey identified 19.6 acres of seagrass, species composition varies with most beds resulting in a mix Halophila johnsonii, Halodule wrightii, and Halophila decipiens. The existing depths within the project boundary range from minus 2.5 feet to minus 10 feet NAVD. The navigation channel to the east extends to depths of -15 feet NAVD. No seagrass was observed along the side slope or within the adjacent channel.
PROPOSED WORK: The applicant seeks authorization to: (1) dredge a center channel that is 45,970 cubic yards in a 327,350 square foot area, in a NW to SE direction (Area A), to -8.0' NAVD (-5.65' MLW) (including 1' over dredge), at a 4(H):l(V) slope; (2) dredge 70,700 cubic yards in a 341,510 square foot area, along the eastern perimeter of the flood shoal (Area B), to -10.0' NAVD (-7.65' MLW) (including 1' over dredge), at a 4(H):l(V) slope; and (3) remove navigational marker #3, marker #3A, as well as the manatee sign located on the northeast side of the shoal, for the purpose of construction, and then reinstalling in the same footprint after construction is complete. The proposed dredging will impact approximately 0.65 acres (28,164 square feet) of seagrass consisting of Halophila johnsonii, Halodule wrightii, and Halophila decipiens. Dredging will be conducted either by hydraulic or mechanical methods and placed temporarily into Florida Inland Navigation District’s (FIND) Dredged Material Management Area (DMMA) on Peanut Island and then subsequently proposed to be barged and placed at the Palm Beach County (PBC) Tarpon Cove Restoration site under Dept. of the Army Permit No. SAJ-2017-01527 (SP-LCK). If hydraulic dredging is used, then dredging will be conducted 24 hours a day and 7 days per week for a period of approximately 3 weeks. If dredging is done my mechanical means, then dredging will be limited to day light hours (7 days a week) and will take approximately 3 months. No seasonal restrictions. A temporary 150-meter mixing zone has been requested to be utilized for dredging activities due to the currents in the area.
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:
A seagrass survey was conducted of the Project site by PBC ERM June 13, 14, 17 and July 1, 2019. The survey identified 19.6 ac of seagrass with varying coverage. Species composition varied with most beds resulting in a mix of Halophila johnsonii, Halodule wrightii, and Halophila decipiens. Most seagrass occurs in the northern perimeter and in the southwest quadrant of the flood shoal. The dredge template was designed to avoid larger and denser areas of seagrass by removing the northern perimeter and southwest quadrant of the flood shoal from the dredge template ultimately resulting in a total net reduction of 6.26 acres (272,620 square feet) of seagrass impacts. A total of 116,670 cubic yards of marine sediment will be dredged between Area A and Area B, impacting 0.65 acres (28,164 square feet) of seagrass.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“As seagrasses are anticipated to recruit back in and adjacent to the impact areas, a seagrass monitoring plan is being provided. Mitigation is not proposed”
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 if applicable, 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 swimming sea turtles: (green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), and Loggerhead sea turtle (Caretta caretta)); Northern Atlantic right whale (Eubalaena glacialis); and smalltooth sawfish (Pristis pectinata). The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal may affect the West Indian manatee (Trichechus manatus) and its designated critical habitat and Johnson’s seagrass (Halophila johnsonii). The Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter
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. The proposal would impact approximately 15.35 acres of emergent tidal flats with sandy sediment and approximately 0.65 acres of seagrass impacts 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 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, 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, Kelly Egan, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Ste 500, Palm Beach Gardens, FL 33410; by electronic mail at Kelly.Egan@usace.army.mil; or, by telephone at (561) 472-3514.
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.