Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-1994-05293(MOD-PRC)

USACE Jacksonville District Regulatory
Published Nov. 9, 2022
Expiration date: 11/29/2022

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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT: Yachting Promotions, Inc.
                       Attn: Ricardo Strul
                        1650 SE 17th Street, Suite 412
                        Ft. Lauderdale, FL 33316

WATERWAY AND LOCATION: The project is located within the Lake Worth Lagoon, a water of the U.S., adjacent to 101 S Flagler Dr, (Section 22, Township 43, Range 43), West Palm Beach in Palm Beach County, Florida.

Directions to the site are as follows: From I-95 in Palm Beach County, head east on Okeechobee Boulevard until it intersects Flagler Drive. The project site is along Flagler Drive.

APPROXIMATE CENTRAL COORDINATES:

Latitude:     26.71282°
Longitude: -80.048203°

PROJECT PURPOSE:

Basic: The basic project purpose is to provide temporary increased docking facilities for an annual boat show.

Overall: The overall project purpose is to provide temporary increased water access for the display of vessels for the Palm Beach boat show.

PROJECT HISTORY: The Corps issued a permit for the Palm Beach International Boat Show, SAJ-1994-05293(IP-BP), on March 10, 1999, and re-issued on March 10, 2004, under permit number SAJ-2003-12727(IP-SLN), which expired on March 10, 2009. The Corps issued a Department of Army permit on March 18, 2010, authorizing to annually construct and subsequently remove floating docks, dock ramps, and pilings for the Palm Beach Boat Show, which expired on March 18, 2015. The Corps re-authorized the project on April 1, 2020 with the addition of temporary structures at the Flagler Museum. The current permit expires on April 1, 2030.

EXISTING CONDITIONS: The project is located at the West Palm Beach City Docks, which consists of three permanent docks and is currently authorized for the mooring of 48 transient vessels. The benthic community of the subject site consisted of sand, silt, crushed shell, and rock rubble. Depths within the project area varies from 3 feet to 20 feet, with depths increasing towards the center of the Intracoastal Waterway (ICWW). In the most recent benthic resource survey, conducted on August 26, 2022, paddle grass (Halophila decipiens, 1-75% coverage), was observed within the project area in the ICWW.

The Corps has reviewed benthic surveys from summer 2010 to 2018 and 2022, and Pre/post-show show surveys from 2010-2016 and the 2022 surveys. Temporary impacts due to shading may be occurring but the seagrass beds seem to recover once the structures are removed and over the course of the growing season.

PROPOSED WORK: The applicant is proposing to modify the design and layout of the proposed temporary structures at the West Palm Beach City Dock location, resulting in the increase of the total overwater square footage from 146,203 square feet to 250,910 and eliminating the proposed structures from the Flagler Museum and Palm Harbor Marina locations. The applicant is also requesting to temporarily relocate the federal channel further to the east for a total of seven (7) days. The temporary realignment of the channel will require the installation of six (6) temporary marker buoys that the U.S. Coast Guard will install. The installation of structures, the boat show, and the removal of the structures shall not exceed 30-days. No sea trials will occur during the duration of the show.

The show proposes a total of 667 temporary slips, a reduction from the previously permitted 679 slips. The following structures are proposed to be placed for the show:

Structures

Dimensions

Square Feet

Number

Floating Docks

5 feet by 20 feet

1,200

12

Floating Docks

10 feet by 10 feet

1,500

15

Floating Docks

10 feet by 20 feet

48,000

240

Floating Docks

10 feet by 25 feet

750

3

Floating Docks

10 feet by 40 feet

192,000

480

Electrical Floating Dock

10 feet by 20 feet

6,400

32

Floating Triangle

varies

2,990

12

Dock Ramps

4 feet by 22 feet

880

10

I-Beam Pilings

N/A

180

180

Total

 

250,910

984



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 project has been minimized to the maximum extent possible that would allow the applicant to achieve the project purpose. Turbidity control devices will be installed to minimize direct and indirect water quality issues related to the turbidity from construction activities. The project is temporary in nature and all vessels are moored in areas to maintain a minimum of 1-foot clearance between the substrate and lowest portion of any vessel. Given the nature of the activity and results of previous seagrass surveys, no long term impacts to seagrass are anticipated as the layout and typical conditions minimize potential impacts to the greatest extent possible.

COMPENSATORY MITIGATION – The applicant has provided the following explanation as to why compensatory mitigation should not be required: As there are no impacts to resources proposed, mitigation is not anticipated to be required.

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 endangered West Indian manatee (Trichechus manatus) or its designated critical habitat. The Corps will request the U.S. Fish and Wildlife Service (FWS), concurrence with this determination 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 and threatened swimming sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta), the threatened Giant Manta Ray (Manta birostris) and the endangered smalltooth sawfish (Pristis pectinata). The Corps will request 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 of 1996. The proposal would temporarily shade approximately 1,498,287 square feet of unvegetated, and 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. Past benthic surveys conducted pre and post show, found that there may be temporary impacts occurring due to shading, but the seagrass beds seem to recover once the structures are removed and over the course of the growing season. 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 Division. 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 located within the setback of the federal channel and coordination with the Corps Navigation Section will be completed.
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 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 Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410 or by electronic mail to Patricia.R.Clune@usace.army.mil 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, Patricia Clune, in writing at the Palm Beach Gardens Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at Patricia.R.Clune@usace.army.mil; or, by telephone at 561-785-3261.

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: Water Quality Certification may be required from the WQC is required from the Florida Department of Environmental Protection (FDEP).

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.