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SAJ-2000-02301(SP-LCK)

CESAJ-RD-SM
Published Dec. 10, 2021
Expiration date: 1/8/2022

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 Sections 10 and 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

 

APPLICANT:          Palm Beach County

                               c/o Deborah Drum

                               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 Intracoastal Waterway, South Lake Worth Inlet, and the Atlantic Ocean.  The project site is located within the South Lake Worth Inlet Sand Trap, ICW Cut P-50, the Oyer Park channel and the Ocean Ridge Beach Project located in Sections 15 & 22, Township 45 South, Range 43 East in Palm Beach County, Florida.

 

Directions to the site are as follows:  From I-95, exit onto Boynton Beach Blvd at Exit 57. Continue east on W. Boynton Beach Blvd. for 1 mile and turn right (south) onto N. Federal Highway. Turn left (east) onto E. Ocean Ave and then turn left onto N. Ocean Blvd and travel 1.1 miles to access Ocean Inlet Park. Several components of the project are accessible by water west of the South Lake Worth Inlet, also known as the Boynton Inlet. Other components of the project are accessible from Oceanfront Park located approximately 1.1 miles south of Ocean Inlet Park.

 

APPROXIMATE CENTRAL COORDINATES:        

 

Activity location

Latitude

Longitude

South Lake Worth Inlet (SLWI) Sand Trap

26.5451

-80.0461

ICW Cut P-50

26.5466

-80.0495

Oyer Park Boat Channel

26.5464

-80.0522

SLWI Sand Trap Artificial reef

NW corner

26.5443

-80.0467

NE corner

26.5443

-80.0462

SE corner

26.5435

-80.0462

SW corner

26.5435

-80.0467

Tarpon Cove

26.6915

-80.0483

Half Moon Bay Hole

26.5693

-80.0481

Beach placement

Northern limit (R-154)

26.5378

-80.0451

Southern limit (R-158)

26.5268

-80.0472

 

 

PROJECT PURPOSE:

Basic: The basic project purpose is to improve navigation, satisfy inlet bypassing objectives, beneficial reuse of dredge material, and shoreline stabilization.

Overall: The overall project purpose is to improve navigation by removing sediment from the Inlet sand trap, the ICW P-50 cut and the Oyer Park channel, beneficial reuse of dredged material, and shoreline stabilization of shoreline along the Atlantic Ocean in the Town of Ocean Ridge.

 

EXISTING CONDITIONS: 

SLWI Sand Trap: The existing sand trap is near capacity and shoaling of adjacent waterways is occurring. Seagrass has been documented within the requested sand trap expansion area and mitigation is proposed utilizing credits available from the Permittee Responsible Advance Mitigation Area at Bryant Park (SAJ-2010-01017).

ICW Cut P-50: Dredging the ICW P-50 cut has been previously authorized and is proposed for maintenance dredging. Based on the most recent seagrass survey, there are no aquatic resources within the dredge template and the benthic sediment consists of unconsolidated sand/silt material.  

Boynton Beach Boat Club/Oyer Park channel: The Oyer Park Boat Channel has been previously authorized and is proposed for maintenance dredging. The Oyer Park Boat Channel expansion area has been proposed to provide clear navigation from the existing channel to the boat ramps. Seagrass has been documented in the proposed expansion area and mitigation is proposed utilizing credits available from the Permittee Responsible Advance Mitigation Area at Bryant Park (SAJ-2010-01017).

SLWI Sand Trap Artificial reef: The interior artificial reef is located immediately south of the sand trap and has been previously authorized as a disposal site for rock greater than 1 ft in diameter dredged from the sand trap, and therefore was not assessed for benthic resources. 

Tarpon Cove and Half Moon Bay Hole: Both the Tarpon Cove (SAJ-2017-01527) and Half Moon Bay Hole are the proposed recipients of the beneficial reuse of dredge material and have valid DA authorizations. The areas contain no aquatic resources and the benthic sediment consists of unconsolidated sand/silt material.

Beach re-nourishment template: The beach placement area has been previously authorized, and the last re-nourishment event occurred in 2013/2014. The beach placement area is within the Ocean Ridge Shore Protection Federal Project template.

No impacts to hardbottom are proposed or anticipated. The closest hardbottom is located approximately 1,700 feet north and 2,200 feet south of the beach placement area.

 

PERMITTING HISTORY: The Corps issued a permit dated May 10 2001, authorizing the following activities: (1) maintenance dredging of 50,000 cubic yards of sand and 9,250 cubic yards of cap rock in the South Lake Work Inlet sand trap within a 12.24 acre area to obtain a depth of -15 feet NGVD; (2) dredging 38,843 cubic yards within a 4.87 acre area in Cut P-50 of the Intracoastal Waterway to a depth of -10 feet MLW with a 2-foot overdredge; (3) removal of 492 cubic yards of rock from a 0.14 acre submarine ledge on the northern border of the south inlet jetty wall in order to maintain a depth of -9 feet NGVD; (4) Dredging 1,600 cubic yards of sand from a 0.44 acre area of the Boynton Beach Boat Club navigation channel to maintain a maximum depth of -6 ft MLW and channel dimensions of 30’ x 630’; (5) beach renourishment at Ocean Ridge Hammock Park within the Ocean Ridge Beach Nourishment project (SAJ-1993-01676) between monuments R-155 and R-159 with a profile of +7 feet NGVD and a construction slope of 1 vertical to 20 horizontal with a maximum berm width of 100 feet; (6) placement of 9,250 cubic yards of rock in an approved inshore artificial reef site south of the sand trap area; (7) placement of 492 cubic yards of rock within an artificial reef site located approximately 1,000 feet offshore of Ocean Ridge.

 

A permit modification was issued April 15, 2003, authorizing an administrative change in the monitoring reporting timeframe to allow reports once a year instead of once every 6 months.

 

The Corps reauthorized the project by permit dated December 19, 2012, for the following activities: (1) maintenance dredge the existing sand trap within a previously authorized 6.16 acre area to a depth of -16.55 feet NAVD; (2) dredge approximately 1,800 linear feet of the Intracoastal Waterway (5.73 acre area) within Cut P-50 to a depth of -12.55 feet NAVD plus 1 foot overdredge allowance; (3) dredge a 700 linear foot portion of the Boynton Beach Boat Club/ Oyer Park channel (1.49 acres) to a depth of -8.55 feet NAVD in the eastern portion and a depth of -5.55 feet NAVD in  the western portion with 300 feet of the channel widened 30 feet north and south (expanding channel width from 60 ft to 120 ft); (4) place approximately 44,919 cubic yards of beach compatible sand dredged from the sand trap and channel onto the beach in the nearshore below the Mean Low Water Line between FDEP monuments R-155 and R-157; (5) place approximately 38,766 cubic yards of dredged material that is not beach compatible within the existing Half Moon Bay dredge hole; and (6) place approximately 4,000 cubic yards of rock excavated from the second phase deepening template of the sand trap in an artificial reef site located south of the sand trap. The existing authorization expires on December 19, 2022. The most recent maintenance dredging and beach placement occurred between 2013 and 2015.

 

PROPOSED WORK:  The applicant seeks a 10-year re-authorization of the existing work and to modify the project to include additional maintenance dredging, expansion of the beach fill template, and beneficial reuse of the dredged material. The proposed work includes the following activities:

 

1. Maintenance dredge approximately 135,000 yd3 of submerged bottom from a 552,776 ft2 area within the existing South Lake Worth Inlet (SLWI) Sand Trap to a maximum depth of -15.20 ft MLW (-17.55 ft NAVD) with a 1-ft overdredge allowance to -16.20 ft MLW (-18.55 ft NAVD);

 

2. Maintenance dredge approximately 21,000 yd3 of submerged bottom from a 224,334 ft2 area within the ICW Cut P-50 to a maximum depth of -10.20 ft MLW (-12.55 ft NAVD) with a 1-ft overdredge allowance to -11.20 ft MLW (-13.55 ft NAVD);

 

3. Maintenance dredge approximately 8,600 yd3 of submerged bottom from a 64,537 ft2 area within the Oyer Park Boat Channel to a maximum depth of -6.20 ft MLW (-8.55 ft NAVD) with a 1-ft overdredge allowance to -7.20 ft MLW (-9.55 ft NAVD);

 

4. Dredge approximately 2,335 yd3 of submerged bottom within a 15,570 ft2 area within the Oyer Park channel to a maximum depth of -6.20 MLW (-8.55 ft NAVD) with a 1-ft overdredge allowance to -7.20 ft MLW (9.55 ft NAVD);

 

5. Place approximately 36,100 yd3 of dredged beach compatible material below mean low water along approximately 4,000 linear feet of shoreline between FDEP monuments R-154 to R-158 via pipeline from the dredge.

 

6. Place approximately 2,100 yd3 of dredged rock greater than 1-ft in diameter within a 1.03 acre area in the existing artificial reef deployment area located south of the SLWI Sand Trap. All rock will be placed up to an elevation of -6.05 ft MLW (-8.4 ft NAVD) to provide a 6 ft minimum clearance at MLW.

 

7. Place approximately 14,900 yd3 of dredged material that is not beach compatible within the existing Half Moon Bay dredge hole at Half Moon Bay Hole at or below -8.65 ft MLW (-11.00 ft NAVD). The remaining 113,835 yd3 of dredge material that is not beach compatible will be placed within the existing authorized Tarpon Cove Restoration Project (SAJ-2017-01527).

 

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:

 

Dredging activities: Beach compatible material will be dredged, transported, and deposited within the nearshore area for beach re-nourishment without the need for sorting. During removal of non-beach compatible material, sorting of rock greater than 1-foot in diameter may be performed within the dredge area or on a transport barge. Rocks greater than 1-ft in diameter will be removed for placement in the rock disposal area; however, no additional sorting is anticipated. Turbidity barriers will be used during dredging activities. The applicant will adhere to a biological monitoring plan includes pre- and post-construction monitoring of submerged aquatic vegetation. Additionally, a 25-foot buffer will be in place from the dredge footprint and adjacent seagrass beds.

 

Beneficial re-use activities: Both the Tarpon Cove (SAJ-2017-01527) and Half Moon Bay Hole are the proposed recipients of the beneficial reuse of dredge material and have existing DA authorizations.

 

Artificial reef disposal area activity: Rock greater than 1 ft in diameter will be placed into the rock disposal area using heavy equipment, likely an excavator, stationed on a barge. Disposal will include clearly marking the perimeter of the rock disposal area and placement of all materials within the boundaries of that area. The placed rock will be placed at or below a depth of -6.05 ft MLW (-8.4 ft NAVD) to provide at least 6 feet of clearance.

Beach re-nourishment activity: All beach work will be performed outside of the sea turtle nesting season. FDEP recently permitted a jack and bore casing under A1A within the project area. Beach compatible material may be pumped through a pipeline placed either along the south bulkhead of the inlet or through the casing under A1A, then pumped south through a pipeline placed along the beach and discharged within the beach placement area below MLW. The fill could also be loaded onto barges, scows, or similar for transport to the beach, and pumped via pipeline to the beach. The beach template was originally authorized under SAJ-1993-01676 and required mitigation for impacts to hardbottom. No additional impacts to hardbottom are proposed or anticipated. The closest hardbottom is located approximately 1,700 feet north of the project area and 2,200 feet south of the project area.

 

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

 

To offset impacts to seagrasses within new dredging areas in the Oyer Park channel and the SLWI sand trap, the applicant proposes to utilize credits available from the Permittee Responsible Advance Mitigation Area at Bryant Park (SAJ-2010-01017).

 

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 proposal may affect the threatened and endangered nesting sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta, Lepidochelys olivacea), threatened West Indian manatee (Trichechus manatus), and the Loggerhead designated terrestrial critical habitat Unit LOGG-T-FL. The Corps also determined the proposed project may affect but is unlikely to adversely affect the threatened piping plover (Charadrius melodus). The Corps has determined that the beach placement action is consistent with the Statewide Programmatic Biological Opinion (2015-SPBO, Service 2015) and the Programmatic Piping Plover Biological Opinion (P3BO, Service 2013). The Corps will request initiation of formal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.

 

The Corps has determined the project may affect but is not likely to adversely affect the smalltooth sawfish (Pristis pectinata), swimming sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta, Lepidochelys olivacea), the loggerhead (C. caretta) designated migratory, breeding and reproductive critical habitats, and the North Atlantic Right Whale (Eubalaena glacialis). The Corps has also determined the project may affect Johnson’s Seagrass (Halophila johnsonii). The Corps will request review of the proposed project for compliance with the 2020 National Marine Fisheries Service (NMFS) South Atlantic Biological Opinion (SARBO). If required, the Corps will request initiation of formal consultation with NMFS 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 impact approximately 98.57 acres of submerged bottom via dredging and fill activities. These areas 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 . This includes 19.68 acres affected by dredging activities, 55.7 acres affected by beneficial reuse activities, 1.03 acres affected by artificial reef enhancement activities and 22.16 acres affected by beach renourishment activities. Our initial determination is that the proposed action would have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region as the majority of the project was previously authorized. 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.

 

Navigation:  Based on the information provided by the applicant, segments of the proposed maintenance dredging are located within the limits of the Intracoastal Waterway federal navigation channel.

 

SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project.

 

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 not 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 Project Manager Linda C. Knoeck at Linda.C.Knoeck@usace.army.mil  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, Linda C. Knoeck, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410; 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.