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: Amarildo Soares
934 Greenbriar Drive
Boynton Beach, FL 33435
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a man-made canal west of the Intracoastal Waterway. The project site is located at vacant lot, parcel ID 08-43-45-27-06-000-0060, on Greenbriar Drive, Boynton Beach, Section 27, Township 45S, Range 43E, Palm Beach County, Florida.
Directions to the site are as follows: From 4400 PGA Boulevard, take 1-95 south, exit onto Boynton Beach Boulevard and head east. Turn right onto U.S. Highway I and continue south for one-half mile. Turn left onto Greenbriar Drive, and the site is ahead on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.5202°
Longitude -80.055°
PROJECT PURPOSE:
Basic: The basic project purpose is the development of a waterfront single-family residence.
Overall: The overall purpose development of a waterfront single-family residence.
EXISTING CONDITIONS: The project site is located at a vacant residential lot that has approximately 90 linear feet of natural shoreline that is not stabilized. The existing shoreline consists of an approximately 1,400 square foot saltwater mangrove wetland. The onsite vegetation consists of red, black, and white mangroves (Rhizophora mangle, Avicennia germinans, Laguncularia racemose) and Seagrape (Coccoloba uvifera). A submerged aquatic resource survey was conducted in March 2021 and indicated seagrass located within or near the project area. The existing area surrounding the project area consists of bulkheaded single-family residences.
PROPOSED WORK: The applicant seeks authorization to install an approximately 130 linear foot seawall with a 3-foot wide concrete cap located approximately 20 feet waterward of the mean high water line and backfill approximately 1,400 square feet of mangrove wetlands (125 cubic yards) in order to align to adjacent seawalls..
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 shoreline has naturally eroded and the proposed placement of the seawall would restore the shoreline to its original configuration, thereby allowing the return of normal water flow and improved water quality. The applicant also proposes the use of turbidity curtains, adherence to the Manatee construction guidelines, and limiting the amount of mangroves removed waterward of the proposed seawall.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes to purchase credits from the nearest federally approved mitigation bank for unavoidable impacts to mangrove wetlands.
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 West Indian manatee (Trichechus manatus), smalltooth sawfish (Pristis pectinata), Giant manta ray (Mobula birostris), 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 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. 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 0.03 acres 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: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 303 feet away from the near bottom edge of the Intracoastal Waterway Federal 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, 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, Jennifer Alexander, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida, 33410; by electronic mail at Jennifer.l.Alexander@usace.army.mil; by facsimile transmission at (561) 626-6971; or, by telephone at (561) 472-3529.
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 has been waived by the Florida Department of Environmental Protection (FDEP) under FDEP permit no. 50-0306977-002-EE issued on May 11, 2022.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.