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:
Palm Beach County
c/o Julie Bishop
2300 North Jog Road
West Palm Beach, FL 33411
E-mail: jbishop@pbcgov.org
WATERWAY AND LOCATION: The project would affect waters of the United States located approximately 0.73 nautical miles east of the Breakers Hotel in Palm Beach within the Atlantic Ocean, in Palm Beach County within the area specified below:
PROJECT PURPOSE:
Basic: The basic project purpose is to construct an artificial reef.
Overall: The overall project purpose is to construct an artificial reef site offshore of Palm Beach County, Florida.
EXISTING CONDITIONS: The existing site takes place approximately 0.73 nautical miles offshore of the Breakers Hotel in Palm Beach, within the Atlantic Ocean. The artificial reef site was selected due to the lack of hardbottom corals. The artificial reef material will be placed at a minimum depth of 40 feet to a maximum depth of 53 feet, within sand adjacent to the Breaker’s Reef, where no aquatic habitats shall be adversely affected.
PROPOSED WORK: The applicant seeks to extend the expiration date an additional five years on the previously authorized artificial reef permit, issued July 10, 2017. The previously authorized project is to designate a new artificial site and construct an artificial reef, including a solid concrete mermaid statue and concrete sea turtles, within a new ¼ nautical mile by ¼ nautical mile (39.1 acres) area. The statutes will be made out of reinforced concrete with no exposed rebar. The statue will be made up of 5-6 sections that will each weigh 4,000-10,000 lbs each, which shall be stable in a 20- year return interval storm. The total weight of the artificial reef will equal 20 short tons, it will be 20-feet long by 15 feet wide and have a height of 2 feet. The statue pieces will be transported on an ABS barge and tug. The barge will have a crane onboard that will place the pieces on the seafloor. Commercial divers will be underwater to assist in the placement of the pieces. All reef material shall be placed so that the top of the reef does not exceed the ½ the distance from the bottom to the surface of the water unless a greater distance from the surface is required for safe navigation. At no time shall the distance between the top of the reef and the surface of the water be less than 6 feet.
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 artificial reef material will be placed within sand adjacent to the Breaker’s Reef therefore no aquatic habitats shall be affected; the materials to be utilized shall be free of pollutants; there will be a 500-foot buffer zone maintained around any natural live/ hardbottom that exists; all artificial reef material shall be placed using tugs and or barges and the artificial reef deployment will only be conducted when wave heights are less than 2-4–feet; commercial divers will be underwater to assist in the placement of the pieces; and the artificial reef site will not be located within any shipping lanes or navigational channels.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
As there are no impacts to submerged aquatic vegetation nor coral proposed with the placement of the artificial reef therefore no compensatory mitigation is 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 proposed project may affect, but is not likely to adversely affect the threatened West Indian manatee (Trichechus manatus). The Corps requested concurrence with this determination from the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the smalltooth sawfish, and endangered and threatened swimming sea turtles
(Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea,
and Caretta caretta and its designated critical habitat); Giant Manta Ray (Mobula birostris); North Atlantic Right Whale; Staghorn coral (Acropora cervicornis) and Elkhorn coral (Acropora palmate) critical habitat. The project would not adversely modify designated critical habitat for the loggerhead sea turtle. Swimming sea turtles may be affected by being unable to use an area for forage or refuge habitat due to potential avoidance of construction activities caused by reef placement during construction activities. These effects will be insignificant due to the small size of reef being placed and the limited time it will take to complete the action. Because these species are motile and likely to leave the area during construction, the risk of injury from this type of construction activity is insignificant. The Corps will request National Marine Fisheries Service's concurrence with these determinations 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. The proposal would designate a new artificial reef area of approximately ¼ nautical mile by ¼ nautical mile (39.1 acres) of unvegetated sand habitat 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 Division. 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 Regulatory 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 aquatic resources. 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. Patricia Clune, in writing at the Palm Beach Gardens Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410, by electronic mail at Patricia.R.Clune@usace.army.mil, by fax at (561)626-6971, or by telephone at (561) 768-5944.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Service, 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat.
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 and 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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. 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.