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: Theodore Elam
3213 Canal Drive
Boynton Beach, Florida 33435
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Intracoastal Waterway. The project site is located at a 0.51-acre vacant parcel, Parcel ID: 08-43-45-21-32-007-0130 on NE 7th Street, in Section 22, Township 45 South, Range 43 East, Boynton Beach, Palm Beach County, Florida.
APPROXIMATE CENTRAL COORDINATES:
Latitude 26.534067°
Longitude: -80.053286°
PROJECT PURPOSE:
Basic: The basic project purpose is for single family residence development, shoreline stabilization, and water access.
Overall: The overall project purpose is to provide single family residential housing with water access and to stabilize an existing shoreline located within Boynton Beach, Palm Beach County, Florida.
EXISTING CONDITIONS:
The project sites are located within the Intracoastal Waterway, which are tidal waters assessable to fish and aquatic wildlife species as well as federally listed species such as manatees, sea turtles, smalltooth sawfish, and giant manta rays. The proposed work would also fall within the setback of the Federal Channel and within Real Estate-IWW- JaxToMiami Tract: 654. A benthic survey was completed on June 15, 2022 which reported shoal grass (Halodule wrightii) located within the near shore area, waterward of the existing riprap with 1-5 percent coverage. The site contains approximate 0.2 acre of wetlands containing red mangroves (Rhizophora mangle) and 0.3 acre of undeveloped, previously disturbed uplands containing various weeds and grasses, as well as sparse ornamental palm trees.
PERMITTING HISTORY: On July 7, 2004, a Standard Permit was issued for the placement of fill into 0.02 acres of mangrove wetlands and associated fill on 0.5-acre project site for the construction of a single-family residence. This permit also authorized the preservation and enhancement of 2 acres of off-site mangrove wetlands for compensatory mitigation from project impacts.
PROPOSED WORK: The applicant seeks authorization to (1) install a 528 square foot dock, consisting of a 77-foot by 4-foot access pier and 11-foot by 20-foot terminal platform with two boat lifts and (2) place 1,150 cubic yards of fill material into 1,293 square feet of tidal waters and 3,398 square feet of wetlands. Uplands will also be filled and used for the purposes of constructing a single-family residence.
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 is proposing to avoid 5,314 square feet of direct impacts to mangrove wetlands
• The access pier portion of the dock, which is proposed to traverse seagrasses, is to be built to meet the 2017 Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat. Specifically, the pier would be 4-feet wide, the deck surface would be placed 5-feet above Mean High Water, the deck boards would have ½-inch spacing, the piles would be 10-feet apart, and the two boatlifts are to be uncovered.
• Turbidity curtains, clean fill, and erosion control measures would be used during construction.
• Applicant would adhere to the Standard Manatee Construction Conditions and the NMFS’ Protected Species Conditions
COMPENSATORY MITIGATION –
The applicant has proposed to purchase mitigation credits from the FP&L Everglades Mitigation Bank to offset the loss of proposed mangrove impacts.
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 initially that the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus), Loggerhead (Caretta caretta), Green (Chelonia mydas), and Kemp’s Ridley (Lepidochelys kempii) sea turtles, Smalltooth sawfish (Pristis pectinata), and the Giant Manta Ray (Mobula birostris). The Corps will evaluate the proposed work and request concurrence from the U.S. Fish and Wildlife Service and National Marine Fisheries Service 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 0.12 acre of submerged substrate containing mangroves and seagrasses, 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 would occur within the setback of a Federal Navigation Channel.
SECTION 408: The Corps has not determined whether 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 potentially alter, occupy, or use a Corps Civil Works project. If the Corps determined that permission under Section 14 of the Rivers and Harbors Act is required, the applicant will be notified.
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 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, Christian Karvounis, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by e-mail at Christian.G.Karvounis@usace.army.mil; or, by telephone at (561)-472-3508.
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.
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