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
c/o Joe Chaison
400 N. Delaware Boulevard
Jupiter, Florida 33458
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Northwest Fork of the Loxahatchee River. The project site is located at River Mile 6 of the Northwest Fork of the Loxahatchee River, Sections 21 and 22, Township 40 South, Range 42 East, Tequesta, Martin County, Florida.
Directions to the site are as follows: The project site is only accessible by watercraft (boat, kayak, canoe, etc.). From the Jonathan Dickinson State Park Boat Ramp (Latitude: 26.988036°, Longitude: -80.142726°) follow the water course downstream approximately 1700 feet to reach the gap closure project site. Continue downstream another 700 feet to reach the oxbow restoration maintenance project site.
APPROXIMATE CENTRAL COORDINATES BY PROJECT COMPONENT:
Project Component
|
Latitude (decimal degrees)
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Longitude (decimal degrees)
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Shoal Dredging
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26.982297°
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-80.143728°
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Gap Closure
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26.983316°
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-80.143458°
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Oxbow Restoration Maintenance (North)
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26.984884°
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-80.141526°
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Oxbow Restoration Maintenance (South)
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26.984186°
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-80.141447°
|
PROJECT PURPOSE:
Basic: The basic project purpose is for restoration of existing oxbows.
Overall: The overall project purpose is to restore the natural oxbows and improve flow within the Northwest Fork of the Loxahatchee River, Palm Beach County, Florida
EXISTING CONDITIONS: The proposed oxbow restoration site is located within the Northwest Fork of the Loxahatchee River at river mile 6, downstream of the wild and scenic section, but within the state designated Aquatic Preserve.
A natural resource survey of the project area on July 9, 2019. The survey identified mangroves and very low-density oyster habitat, but no submerged aquatic vegetation (SAV). Taylor Engineering completed a follow-up survey on December 22, 2021 to verify environmental site conditions documented in the 2019 survey. The 2021 survey confirmed the location and extent of mangroves and oyster habitat and absence of SAV documented in the 2019 report; however, the oyster habitat contained no living oysters, only shell material (loose oyster shell and small, isolated clusters) were present.
This area of the Loxahatchee River experiences broad shifts in water quality (e.g. salinity) which can have periodic detrimental effects on resources such as oysters. Seagrasses and freshwater SAV generally do not occur in this portion of the Loxahatchee River. As stated in the South Florida Water Management District’s (SFWMD) Restoration Plan for the Northwest Fork of the Loxahatchee River (April 2006), “seagrass beds in the Loxahatchee River Estuary tend to be most dense and diverse near the inlet and become less diverse and less dense at upstream locations. The upstream limit of seagrass beds appears to be near river mile 3.0, with occasional patches of shoal and Johnson’s seagrasses upstream to near river mile 4.0.” The proposed project site is located approximately two miles upstream of this limit near river mile 6.0. As documented in the 2019 natural resource survey report, river substrate conditions within all intertidal and subtidal areas of the survey area outside of the mapped oyster and mangrove habitat, consisted of bare, unvegetated sand with varying amounts of silt and organic material.
PROPOSED WORK: The applicant seeks authorization to restore the natural hydrology and flow within a portion of the Northwest Fork of the Loxahatchee River by dredging a shoal that has formed within the last two decades, create a plug within the artificially created channel immediately upstream of the shoal, and install two additional maintenance plugs 700 feet upstream to another eroded section of shoreline. Specifically, the activities include:
1. Mechanically dredge a 0.74 acre area (removal of 1,156 cubic yards (cy)) to a depth of minus 5 feet mean low water (MLW) with side slopes at a 3:1 horizontal to vertical to the natural grade. Dredged material will be temporarily stored on the barge in lined containers for placement within the gap closure footprint.
2. Construct a limestone plug within the gap closure footprint, by placing 157 cy of limestone within the footprint of northern side of the plug with 2:1 horizontal to vertical slope.
3. Place dredged material in a 16-foot-long center area of the limestone plug and plant 1-gallon red mangroves on five foot centers. Place remainder of dredged material from shoal on the downstream side of the plug within a 3:1 horizontal to vertical slope and plant 1-gallon red mangroves on five foot centers. A total of 105 red mangroves are proposed to be planted within the gap closure footprint.
4. Within the oxbow restoration footprint upstream of the gap closure titled “oxbow restoration maintenance area”, the applicant will place dredged material from the shoal and create a limestone breakwater on the north and south sides of the oxbow maintenance (placement of fill within 0.21 acres) and plant 154 1-gallon red mangroves on five-foot centers on the north side and plant 105 1-gallon red mangroves on five foot centers on the south side.
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:
One of the goals of the project is to restore mangrove habitat lost to erosion. No fill will be placed within existing mangrove habitat and the project will avoid all impacts to wetland vegetation including mangroves. Turbidity curtains will encircle the immediate dredge area and will be installed around the material placement areas. The contractor will re-position the turbidity curtains as necessary as construction progresses to maintain water quality. The contractor will monitor turbidity regularly in compliance with the state water quality standards. The selected contractor will be required to maintain the navigability of the river throughout construction. Equipment will remain along the channel sides during rock and sediment placement and dredging. Transportation of personnel, equipment, and supplies to and from the staging area will not have a significant effect on navigability. We do not anticipate any closures. Construction notification signage will be placed upstream and downstream of the project area to inform boaters of construction activity in the area.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The proposed project is a restoration project intended to provide additional oyster and mangrove habitat and restore natural flow within the oxbow within the Northwest Fork of the Loxahatchee River.
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 West Indian manatee (Trichechus manatus) and its designated critical habitat. Use of the Corps of Engineers, Jacksonville District and the State of Florida Effect Determination Key for the Manatee in Florida dated April 2013, results in a pathway of A-B (couplets 2 and 5), for a may affect determination. The Corps will ensure the project is consistent with the Biological Opinion for the manatee dated March 21, 2011, and request initiation of informal consultation with the United States 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 swimming sea turtles: (green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta), smalltooth sawfish (Pristis pectinata); Giant Manta Ray (Mobula birostris); Eastern indigo snake (Drymarchon couperi); and wood stork (Mycteria americana). 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 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 0.74 acres of sand and shell substrate for the proposed dredging activities and 0.36 acres of sand and shell will be impacted by the placement of fill for the proposed plugs. The substrates are 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 project is not located within the setback of the Intracoastal Waterway Federal channel. The Corps does not anticipate that the proposed project will be a hazard to navigation. Equipment will remain along the channel sides during rock and sediment placement and dredging. Transportation of personnel, equipment, and supplies to and from the staging area will not have a significant effect on navigability. We do not anticipate any closures. Construction notification signage will be placed upstream and downstream of the project area to inform boaters of construction activity in the area.
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 33410 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)412-5449.
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 Florida Department of Environmental Protection.
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.