SAJ-1989-00506(SP-JKA)

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: Jupiter Inlet District
                      Joseph B. Chaison, P.E.
                     400 N. Delaware Boulevard
                      Jupiter, Florida 33458

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Jupiter Inlet and the Atlantic Ocean. The dredging site is located within the Jupiter Inlet Sand Trap just north of Dubois Park in the Jupiter Inlet, Palm Beach County, Florida. The placement of sand is located along the beach just south of the inlet from Jupiter Beach Park to south of Carlin Park, approximately 1.1 miles from Florida Department of Environmental Protection (FDEP) reference monuments R13 to R19, Section 32, Township 40 South, Range 43 East; and Section 5, Township 41 South, Range 43 East, Jupiter, Palm Beach County, Florida.

Directions to the site are as follows: Take exit 87A from Interstate 95 for Indiantown Road East toward Jupiter. Travel 4.8 miles east and turn left onto North Highway A1A/Ocean Boulevard. Travel 0.4 miles and turn right onto Jupiter Beach Road and Dubois Park will be in approximately 200 feet. The dredging of the Jupiter Inlet Sand Trap is located just north of Dubois Park within the Jupiter Inlet. The sand placement along the Atlantic Ocean’s northern terminus is at Dubois Park/ Jupiter Beach Park.

APPROXIMATE COORDINATES:

PROJECT PURPOSE:

Basic: Sand Bypass

Overall: The purpose of the project is to bypass sand accumulated annually within the Jupiter Inlet and relocate it south to meet the Inlet Management Plan Requirements within Jupiter, Palm Beach County, Florida.

PROJECT HISTORY: A Department of the Army Standard permit was issued on March 26, 2001 with an expiration date of March 26, 2006, which authorized the removal of 60,000 to 80,000 cubic yards of sediment annually from the 6.58 acre Jupiter Inlet District Sand Trap. The dredged material was authorized to be placed along the beach south of Jupiter Inlet between FDEP reference monuments R12.5 to R17 to create a +8.0 feet National Geodetic Vertical Datum of 1929 (NVGD) berm (average width of 55 feet) and as associated foreshore slope of 1V:10H. The permit also required compensatory mitigation for the cumulative impacts to 33% of the 3.48 acres of hard bottom habitat located between FDEP reference monuments R13 to R-19. The U.S. Fish and Wildlife Service (Service) issued a Biological Opinion for the proposed activities dated March 22, 2001. The Service evaluated the effects of the project on loggerhead sea turtle (Caretta caretta), green sea turtle (Chelonia mydas), leatherback sea turtle (Dermochelys coriacea), hawksbill sea turtle (Eremochelys imbricate) and the West Indian manatee (Trichechus mantus). The Service determined that the proposed project was not likely to jeopardize the above listed species and provided reasonable and prudent measures to be implemented along with their incidental take statement. The applicant received a modification to extend the expiration date of the permit to April 30, 2006.

The Corps issued a standard permit dated December 14, 2007 with an expiration date of November 16, 2017, which authorized the applicant to dredge 80,000 cubic yards of sand from the 6.58-acre Jupiter Inlet District Sand Trap using a hydraulic cutter head to a depth of minus 20 feet NGVD and pipe the material to the beach south of Jupiter Inlet, FDEP reference monuments R12.5 to R19. The placement of sand along the beach would include a berm elevation of +8 feet NGVD, approximately 55-70 feet berm width, and a 1V:10H slope from the berm to the existing bottom.

The Corps issued a standard permit dated December 11, 2020 to the Jupiter Inlet District, which provided authorization to dredge approximately 50,000 to 100,000 cubic yards of sand annually from the 6.58-acre Jupiter Inlet District Sand Trap, to a depth of minus 21.5 feet North American Vertical Datum of 1988 (NAVD88), which includes a one foot overdredge within the trap using a hydraulic cutterhead dredge. Dredged material will be piped using a floating pipeline for placement along the dunes, beach, and within the Atlantic Ocean with sand placement starting 181 feet south of reference monument R14 and extending to 60 feet south of reference monument R18 (total of 0.61 miles). Placement of material will be located within the same template of the Federally approved Palm Beach County Shoreline Protection Project, Jupiter Carlin Segment, which includes a dune elevation of +12.5 feet NAVD88 with an average width of 86 feet, transitioning at a 4:1 horizontal to vertical slope to a berm elevation of +7.5 feet NAVD88 with an average width of 177 feet, transitioning at a 10:1 horizontal to vertical slope to the point of intersection with the existing grade. The Corps issued a modification dated April 28, 2021 authorizing a one time, 15-day extension window, with construction ending on or before May 15, 2021.

PROPOSED WORK: The applicant requests authorization to modify the existing December 11, 2020 permit authorization to allow placement of sand between FDEP monuments R13 to R19 consistent with the Corps’ 2007 authorization, and to extend the expiration date by an additional 5 years to December 11, 2030.

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:

• Project will be constructed outside of the primary sea turtle nesting season (May 1 to October 31)
• Incorporate compaction testing and, if necessary, tilling to achieve appropriate sand compaction for nesting turtles
• Follow 2011 Standard Manatee Construction Conditions
• Monitor water quality (turbidity) at the dredging and beach placement sites as required by 401 Water Quality Certification
• Operate all vessels associated with the construction project at "No Wake/Idle" speed at all times while within the construction area
• The Contractor shall adhere to the dredge and vessel off limits and restricted area zones shown on the drawings.
• The applicant has agreed to adhere to all the applicable Project Design Criteria (PDCs) in South Atlantic Regional Biological Opinion (SARBO) 2020.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

No additional impacts from those previously authorized are expected as a result of the placement of sand from the Jupiter Inlet Sand Trap. Therefore no additional mitigation should be required. Furthermore, the applicant has stated that all mitigation requirements are up to date and paid in full as required by the 2007 permit.

CULTURAL RESOURCES: The Corps is aware of recorded historic resources within or adjacent to the permit area and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.


ENDANGERED SPECIES: The Corps has determined the proposal may affect the swimming and nesting sea turtles: (green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii, Leatherback sea turtle (Dermochelys coriacea); Hawksbill sea turtle (Eretmochelys imbricata), and Loggerhead sea turtle (Caretta caretta)); smalltooth sawfish (Pristis pectinata); Giant Manta Ray (Mobula birostris); Loggerhead sea turtle, constricted migratory, breeding and nearshore reproductive critical habitats; Piping Plover (Charadrius melodus); and rufa red knot (Calidris canutus rufa). 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 proposed project may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus) and its designated critical habitat; Eastern indigo snake (Drymarchon couperi); Northern Atlantic right whale (Eubalaena glacialis). 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 would have no effect on any other 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 57 acres of sand and hardbottom 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.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project. The Corps, Regulatory Division will coordinate with the appropriate representative within the Corps’ Civil Works Department.

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.

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 within 15 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, Jerilyn Ashworth, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Jerilyn.Ashworth@usace.army.mil; or, by telephone at (561)472-3516.

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.

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.

WATER QUALITY CERTIFICATION: This public notice serves as the notification to the EPA pursuant to section 401(a)(2) of the Clean Water Act. Water Quality Certification was issued by the Florida Department of Environmental Protection under Consolidated Join Coastal Permit and sovereign Submerged Lands Authorization dated March 26, 200, No.: 0134395-001 and subsequent modifications No.: 0134395-008 and 0134395-010.

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.