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: Ironwood Development, Inc
C/o Cary Glickstein
1118 Waterway Lane
Delray Beach, Florida 33483
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Intracoastal Waterway and mangrove wetlands. The project site is located within two vacant parcels (PIDs: 20434604000001050; 20434604000001140), immediately north of 2900 Avenue Au Soleil, Section 4, Township, 46 South, Range 43 East, in Gulfstream, Palm Beach County, Florida.
Directions to the site are as follows: Take Interstate 95 to Exit 56 for Woolbright Road. Travel east of Woolbright road approximately 1 mile and turn right onto U.S. Highway 1. Travel south on U.S. Highway 1 for 1.6 miles and project will be on left.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.49211°
Longitude: -80.05923°
PROJECT PURPOSE:
Basic: Water access, shoreline stabilization, residential development
Overall: To provide water access and shoreline stabilization for proposed single family development in Gulfstream, Palm Beach County, Florida.
EXISTING CONDITIONS: The applicant is proposing to construct the Bluewater Cove single-family residential development on two existing vacant parcels (PIDs: 20434604000001050; 20434604000001140), totaling 7.6316 acres. The applicant proposes to subdivide the larger 7.6316-acre parcel into fourteen (14) lots for the construction of single-family residential neighborhood, including a contiguous 288 linear foot seawall with two waterfront lots and a community observation pier. The eastern side of the 7.6316-acre lot borders the Intracoastal Waterway within the 62.5-foot setback of the near edge of the Federal Channel, and within Real Estate IWW-JaxToMiami Tract nos.: 741, 742, and 743.
The existing 7.6316-acre parcel as a naturally vegetated shoreline, where there is an existing seawall on the parcel located immediately south of the project area. A benthic survey was completed for the proposed project footprint on May 28, 2020. The benthic substrate was described as riprap and rock rubble covered in macroalgae and decaying oyster colonies and silty sand outside the canopy of the mangroves and other tree species. The report also documented that the survey area was devoid of seagrass and other benthic resources such as corals. Additionally, a tree survey was completed on February 25, 2021, documented the location of eight black mangroves (Avicennia germinans) within the project limits proposed for removal. Other tree species include tropical almond (Terminalia catappa), palm tree (species not provided), seaside mahoe (Thespesia populnea), Australian Pine (Casuarina equisetifolia), and Brazilian peppertree (Schinus terebinthifolia). The area surrounding the proposed project includes single family developments and a golf course on the eastern side of the Intracoastal Waterway.
PROPOSED WORK: The applicant seeks authorization to stabilize the existing shoreline and provide water access for future single family residential community by constructing two private single family docks and one neighborhood observation pier. Proposed project activities will permanently impact 400 square feet of black mangrove wetlands. Specifically, the project includes:
1. Install a new 288 linear foot seawall +/- 29 feet waterward of the mean high water line (MHWL) at the north end of the project and at the mean high water line at the south end of the project. Project would include the placement of 2,000 square feet of fill (250 cubic yards).
2. Construct a 27.5-inch concrete seawall cap and install forty-two (42) 12-inch concrete batter piles.
3. Construct one 92 foot long by 5-foot-wide marginal dock with two mooring areas for the northern single-family waterfront home;
4. Construct one 22 foot long by 5-foot-wide observation pier for proposed neighborhood access
5. Construct one 92 foot long by 5-foot-wide marginal wooden dock with two mooring areas for the southern single family waterfront home.
6. Dredge a 29,500 square foot area (0.68 acres), removal of 4,950 cubic yards to a depth of minus 5 feet mean low water plus one foot overdredge. Dredging will be conducted mechanically from a barge mounted excavator and temporarily stored within a self-contained 16,950 square foot site in the upland portion of the property.
7. Construction of a 180 linear foot (5,400 square foot) living shoreline project and mangrove restoration area, which includes the placement of 4,000 square feet of riprap (1,675 tons), 1,400 square feet of dredged material, and planting a variety of 700 red and black mangroves on 2-foot centers.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following statement in support of efforts to avoid and/or minimize impacts to the aquatic environment:
“The design has undergone many revisions. This design maintains a natural area
for mitigation with minimal impacts to the aquatic environment. The removal of the shoreline vegetation is mostly invasive/exotic species and only 400 square feet of mangroves. Elimination of the invasive species will greatly enhance the area and the creation of the mitigation area with living shoreline will ultimately net positive benefit the zone.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes to offset the unavoidable impacts to mangroves by constructing a 5,400 square foot living shoreline project on the parcel directly to the north owned by the Florida Inland Navigation District (FIND).
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 proposed project may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus); Eastern indigo snake (Drymarchon couperi); wood stork (Mycteria americana); swimming sea turtles: (green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta), Leatherback sea turtle (Dermochelys coriacea), Hawksbill sea turtle (Eretmochelys imbricata)); smalltooth sawfish (Pristis pectinata); and Giant Manta Ray (Mobula birostris). The Corps will request U.S. Fish and Wildlife Service/ National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.
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 0.71 acres (that includes 400 square feet of impact to black mangrove wetlands), of sand, silt and rock 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.
NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the most waterward edge of the proposed structure is 57.9 feet away from the near bottom edge of the Intracoastal Waterway Federal 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.
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 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, 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.
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.
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.