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: Boca Quay Homeowner’s Association
Attn.: Peter Castro
6413 Congress Avenue, Suite 100
Boca Raton, Florida 33487
WATERWAY AND LOCATION: The project would affect waters of the United States associated within the Intracoastal Waterway (ICW) at 808 East Jeffery Street, Boca Raton, Palm Beach County, Florida.
Directions to the site are as follows: I-95 to Yamato Road, east. North on US 1 and east on Jeffery Street.
APPROXIMATE CENTRAL COORDINATES:
Basic: The basic project purpose is to improve water access and shoreline stabilization.
Overall: The overall project purpose is to improve water access and shoreline stabilization at the existing Boca Quay multifamily residence at 808 East Jeffery Street, Boca Raton, Palm Beach County, Florida.
EXISTING CONDITIONS: The project site is adjacent to a multifamily residence in Boca Raton, Florida within the ICW. The existing in-water structures includes 850 linear feet of seawall, 6 boatlifts, and a 303 square foot wood dock and supports 6 boat slips. At this time, the Corps is still pending a benthic resource survey.
PROPOSED WORK: The proposed project is to (1) remove the existing 303 square foot wood dock, (2) install a 330 square foot wood marginal dock (165 feet by 2 feet), (3) install 10- 148 square foot concrete finger piers (37 feet by 4 feet), (4) install 20- 182 square foot boat lifts (13-feet by 14-feet), (5) install 2 354 square foot concrete L-shaped finger piers, and (6) install 1,010 linear feet of new concrete seawall, 2-feet waterward from wetface to wetface, and with a new 4.3 foot wide concrete cap. The proposed project would about 28 new boat slips, totaling in 34 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:
• Only clean fill materials will be used
• Erosion control measures will be used during construction
• Turbidity curtains will be used during construction
• Adherence to the Manatee Construction Conditions and JaxBO’s PDC’s for In-Water Work
COMPENSATORY MITIGATION –
The applicant has not proposed mitigation since the project will not result in a loss of aquatic resources. The Corps will require the applicant to revisit a mitigation proposal if the results of the benthic survey show the proposed project would impact 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.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus), smalltooth sawfish (Pristis pectinate), and swimming green, hawksbill, Kemp’s Ridley, leatherback, and loggerhead sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta). The Corps will request concurrence with the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act:
May affect, not likely to adversely affect:
West Indian Manatee (Trichechus manatus): Use of the 2013 Manatee Key results in the following pathway: A, B, C, G, H, I, J, K, N, O, P “Paragraph 1.” The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus), if determined it meets the state Manatee Protection Plan and based on the results of the pending benthic resource survey. The Corps has received programmatic concurrence from the U.S. Fish and Wildlife with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal may affect, but is not likely to adversely affect the Smalltooth sawfish (Pristis pectinate) and swimming green, hawksbill, Kemp’s Ridley, leatherback, and loggerhead sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta) contingent on the results from the pending benthic survey. The project will not adversely modify any species’ designated critical habitat. The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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
0.5 acres of estuarine waters which are utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex associated with mud, shell, sand and rock substrate and water column EFH. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the ICW. However, the Corps is still pending a benthic resource survey to determine potential impacts to seagrasses and other federally protected EFH resources. 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.
EFFECTS TO NAVIGATION: Due to the proposed project’s proximity to the federal right-of-way of the ICW, the Corps’ Regulatory Division will coordinate with the Corps’ Navigation Division to determine whether or not the proposed project will impact the federal navigation channel.
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, Florida 33410 within 30 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, Christian Karvounis, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Christian.G.Karvounis@usace.army.mil; or, by telephone at (561)-472-3508.
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.