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: Narlinger Living Trust
c/o Michael Narlinger
12391 Banyan Road
North Palm Beach, FL 33408
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a man-made canal connected to tidal waters of Little Lake Worth via culvert. The project site is located adjacent to 12345 and 12391 Banyan Road (Section 33, Township 41 South, Range 43 East), North Palm Beach, in Palm Beach County, Florida.
Directions to the site are as follows: Take I-95 to exit for PGA Boulevard and head east. Turn left onto U.S. 1, then turn right onto Seminole Boulevard. Turn right onto Banyan Road, and the project site is ahead on the right.
APPROXIMATE COORDINATES:
Latitude 26.856661°
Longitude -80.048309°
PROJECT PURPOSE:
Basic: The basic project purpose is for water access
Overall: The overall project purpose is to allow for water access through the waterways out to Lake Worth at 12345 and 12391 Banyan Road, North Palm Beach, Palm Beach County, Florida.
EXISTING CONDITIONS: The project is located within a tidally connected wetland system. The shoreline has red, black and white mangroves (ranging from seedlings to 30 feet in height) and some exotic vegetation, such as Brazilian pepper. The existing area surrounding the project area consists of single-family residences to the north and south, Banyan Road to the east and waterway to the west. A benthic survey completed August 11, 2021, confirmed that there are no benthic resources within the footprint of the proposed project area.
PROPOSED WORK: The applicant seeks authorization to improve water access, by creating a new navigable channel. The applicant proposes to accomplish this through the 1) removal of an existing culvert, 2) removal of 976± square feet of existing mangroves, 3) dredging/excavation of 200± cubic yards from a 660± square feet area to -2’± MLW, 4) installation of 90± cubic yards of rip rap over 570± square feet, and 5) installation of four (4) wood or pipe piles.
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 navigation/flushing channel is the minimum width (15’) and depth (-2’ MLW) to accommodate the project purpose. The minimum amount of mangroves are proposed to be removed to allow for navigation. The applicant will use best management practices to protect water quality during construction and minimize impacts to listed species by incorporating all in-water work construction conditions for all relevant listed species.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant compared the impacts vs. the enhancement, that the proposed dredging will enhance the quality of the upstream mangroves. Therefore, stating that the proposed project does not result in net adverse impacts and no compensatory mitigation is proposed.
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) and it’s designated critical habitat, smalltooth sawfish (Pristis pectinata), Eastern indigo snake (Drymarchon couperi) and swimming sea turtles: [green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta)]. 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 1,000 square foot tidal mangrove 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 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: The proposed work is not located within the setback of a federal project. Furthermore, it will have no effect on the navigability of the adjacent channel.
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.
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, Carolyn Farmer, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Carolyn.h.farmer@usace.army.mil; or, by telephone at (561)472-3527.
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 South Florida Water Management District under Environmental Resource Permit No.: 56-102801-P dated April 1, 2020.
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.