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: MHC Lantana, LLC
c/o John Underwood
806 E Windward Way, 122
Lantana, Florida 33462
WATERWAY AND LOCATION: The project would affect waters of the United States associated within the Intracoastal Waterway at 822 W Windward Way, Lantana (Section 34, Township 44 South, Range 43 East), Palm Beach County, Florida.
Directions to the site are as follows: Heading South on I-95, take exit 63 for 6th Ave S and turn left onto 6th Ave S. In 1.7 miles, turn right on US-1 S and take a left onto Moorings Dr. In 115 ft, turn left onto W Windward Way and the location will be on the right.
APPROXIMATE CENTRAL COORDINATES:
Basic: The basic project purpose is to improve water access of a commercial facility.
Overall: The overall project purpose is to improve water access of the commercial facility, Moorings of Lantana, in Lantana, Palm Beach County, Florida.
EXISTING CONDITIONS and PROJECT HISTORY: The site location consists of a 65-slip marina and docking facility saltwater system with an un-vegetated benthic substrate. The existing area surrounding the project area consists of commercial uplands as well as neighboring marinas within the Intracoastal Waterway. The seawall repair was verified under Nationwide Permit (NWP)-13, the dock construction was verified under NWP-28 and the maintenance dredging of the basin to -7 Mean Low Water (MLW) was verified under NWP-35 in 2002. A No Permit Required (NPR) was issued to expand their existing lease in 2021 (SAJ-2002-06869).
PROPOSED WORK: The applicant seeks authorization to install 22 boatlifts in existing slips 1 through 22 of the existing 65-slip commercial marina.
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 applicant has stated that they will use floating turbidity curtains during in-water construction. Additionally, no seagrass is anticipated to be present because the slips are existing and the benthic habitat is already being shaded by vessels.
COMPENSATORY MITIGATION –The applicant has provided the following explanation why compensatory mitigation should not be required:
No compensatory mitigation is proposed because no impacts to submerged aquatic vegetation are anticipated.
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) and its designated critical habitat, swimming sea turtles [Green Sea turtle (Chelonia mydas), Kemp’s Ridley Sea turtle (Lepidochelys kempii), and Loggerhead Sea turtle (Caretta caretta)], Smalltooth Sawfish (Pristis pectinate), and the Giant Manta Ray (Mobula birostris). 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. The proposal would impact approximately 0.002 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 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 800 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, 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, Kaitlyn Mallett, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Palm Beach Gardens, FL 33410; by electronic mail at Kaitlyn.M.Mallett@usace.army.mil ; by facsimile transmission at (561) 626-6971; or, by telephone at (561) 545-4885.
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 was required from the South Florida Water Management District. The project has been issued under SFWMD application no. 220927-36093 Exemption no. 50-107771-P.
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.