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SAJ-2022-01174(SP-KHN)

USACE Jacksonville
Published July 13, 2022
Expiration date: 8/2/2022
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 Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT: Palm Beach County Engineering & Public Works Dept.
℅ Kathleen Farrell
2300 N. Jog Road, 3rd floor
West Palm Beach, FL 33411

WATERWAY AND LOCATION: The project would affect waters of the United States
associated within the C-17 Canal at the Prosperity Farms Road bridge, North Palm Beach (Section 17, Township 42 South, Range 43 East), Palm Beach County, Florida.

Directions to the site are as follows: Heading north on Florida's Turnpike, take exit 107 and turn right onto N Jog Road. Turn Right in 0.5 mile onto Northlake Blvd. After 4 miles, turn left onto Prosperity Farms Road. The project is 0.45 mile north.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.81343°
Longitude: -80.073574°

PROJECT PURPOSE:

Basic: The basic project purpose is to reduce scouring underneath of a public bridge.

Overall: The overall project purpose is to reduce scouring underneath of a public bridge at the Prosperity Farms Road bridge, North Palm Beach, Florida.

EXISTING CONDITIONS: The upland property is a two-lane roadway and bridge that has 120.5 cubic yards of articulating concrete blocks along 221.4 linear feet of shoreline. A benthic resource survey was conducted on August 5, 2021 which did not identify seagrasses or corals within the project limits. The survey noted that the substrate consists of a mixture of bare sandy areas and areas with small rocks and shell clusters. Oysters, tape grass (Vallisneria americana), and mangroves (Rhizophora mangle, Avicennia germinans, and Laguncularia racemosa) were observed within the project area. Approximately 95% of the survey area was unvegetated.

PROPOSED WORK: The applicant seeks authorization to improve shoreline stabilization and reduce bottom scouring in conjunction with proposed bridge improvements by conducting the following activities:

1. Removal of 120.5 cubic yards of articulating concrete blocks and 2,600 cubic yards of sediment to a depth of -12.4 feet over an 18,549 square feet area;
2. Installation of 2,676 cubic yards of riprap.

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:

No seagrasses or corals are within or immediately adjacent to the project area. Riprap will be placed in a manner that will not impact mangroves. The project will be constructed in accordance with the 401 Water Quality Certification and best management practices will be implemented during construction and operation of the project in accordance with FDOT's Standard Specifications for Road and Bridge Construction (FDOT 2017). the existing bridge deck uses scuppers for discharge directly into the canal; the proposed deck drainage will collect and treat runoff via conveyance features into the canal, thereby providing a net improvement of water quality.

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

No adverse environmental effects are anticipated to occur as part of the project due to the lack of seagrasses or corals and the riprap will be placed in a manner that will not impact mangroves.

CULTURAL RESOURCES:

The Corps 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 threatened West Indian manatee (Trichechus manatus) and the wood stork (Mycteria americana), and would not adversely modify their designated critical habitat. The Corps will request concurrence with these determinations from the U.S. Fish and Wildlife Service (FWS), 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 endangered smalltooth sawfish (Pristis pectinata), swimming sea turtles: the endangered green sea turtle (Chelonia mydas), the endangered hawksbill sea turtle (Eretmochelys imbricata), the endangered leatherback sea turtle (Dermochelys coriacea), the endangered Kemp’s ridley sea turtle (Lepidochelys kempii), and the threatened loggerhead sea turtle (Caretta caretta). The Corps will request concurrence with these determinations from the National Marine Fisheries Service (NMFS), Protected Resources Division 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 0.43 acres of un-vegetated benthic 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 C-17 canal. 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 project is not located within 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, Palm Beach Gardens, Florida 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 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, Kyle Nichols, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Palm Beach Gardens, Florida 33410; by electronic mail at Kyle.H.Nichols@usace.army.mil; by facsimile transmission at (561) 626-6971; or, by telephone at (561) 472-3526.

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.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the South Florida Water Management District (SFWMD). The project is being reviewed under SFWMD application no. 220106-32627.

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.