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:
Benjamin K. Sharfi, as Trustee of the Benjamin Sharfi 2002 Trust,
142 Lake Drive
Palm Beach Shores, FL 33404
The Buccaneer Condominium Association of Palm Beach Shores
Attn.: Benjamin K. Sharfi (BSharfi@Sharfiholding.com
WATERWAY AND LOCATION: The proposed project is located within Wasters of the U.S. associated with Lake Worth Lagoon at the existing Buccaneer Condo Marina at142 Lake Drive, Palm Beach Shores ( Section 27,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 0.3 miles on the right.
APPROXIMATE CENTRAL COORDINATES:
Basic: The basic project purpose is to improve water access to an existing commercial and private marina.
Overall: The overall purpose is to improve water access for the existing Buccaneer Marina, in Palm Beach Shores, Palm Beach County Florida.
EXISTING CONDITIONS and project history: The adjacent upland contains a multi-family residence with approximately 225 linear feet of shoreline that has an existing seawall and approximately 2,643 square foot of existing pile supported structures that make up a total of 20 slips. The existing docking structure contains only residential slips. A seagrass survey of the project area was conducted in September 2017. The benthic habitat consisted of sandy substrate, and no seagrass was identified within the boundary of the survey area. Water depths ranged from 14.2 to 17.7 feet.
The Corps issued a Department of Army permit on November 6, 2020, authorizing to expand the existing commercial docking facility ,Buccaneer Marina, with 14 additional slips for a total of 32 slips by conducting the following activities: installation of an access walkway extension 10-feet by 93-feet and 20-feet by 50-feet, (total of 1,930 square feet); installation of two (2) 3-feet by 25-feet finger piers (total of 150 square feet); installation of four (4) 3-feet by 20-feet finger piers (total of 240 square feet); installation of 20 concrete dock piles for the dock extension of finger piers; and installation of 30 wood mooring piles. This authorized work has not been conducted.
PROPOSED WORK: The applicant is requesting to modify an existing commercial docking facility from 18 slips to 26 slips (25 Regular and (1) transient), by conducting the following activities:
1. Installation of a 4,928 square foot concrete dock that has an approximate 10-wide access walkway and terminal platform and 56 concrete piles (14-inch Square);
2. Installation of Ten (10) finger piers that measure 3-feet by 30-feet (total of 900 square feet of finger piers), and a total of 30 Round Metal piles (18-inch width);
3. Installation of 57 Round Metal mooring piles (12-inch width)
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 Protected Species Construction Condition – May 2021”. All construction will take place during daylight hours. The proposed project design will maintain a minimum navigational clearance of 65.5 feet between the proposed structures and those of the Sailfish marina to the south.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
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 proposed project may affect but is not likely to adversely affect the threatened West Indian manatee (Trichechus manatus), and would not adversely modify its designated critical habitat. The project has been found to be in compliance with the Palm Beach County Manatee Protection Plan. The Corps has obtained prior concurrence from the U.S. Fish and Wildlife Service (FWS) for this determination and no further consultation 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 the threatened Johnson’s seagrass (Halophila johnsonii) but would not adversely modify its designated critical habitat. The Corps will request concurrence with these 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 2,320 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. 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. 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, 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.
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.