SAJ-1990-30285(SP-KMM)

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: Jupiter Wreck, Inc.
                      c/o Scott Thomson
                      6000 Georgia Avenue #5
                      West Palm Beach, Florida 33405

WATERWAY AND LOCATION: The project is located within the Atlantic Ocean offshore of Jupiter Inlet in Palm Beach County, Florida. The entire project area is confined off-shore between Florida Department of Environmental (FDEP) Monument Markers R-11 and R-19.

Directions to the site are as follows: 1) Exit at PGA Boulevard in Palm Beach County.
2) Head East on A1A. 3) Turn left on FL-5 N/US-1/Florida A1A. 4) Slight right toward
Florida A1A N/Ocean Dr. 5) Continue straight onto Florida A1A N/Ocean Dr. 6) Turn
right at Beach Drive/Jupiter Beach Rd. 7) Turn left at Ocean Trail Way. Jupiter Inlet is
located at the north point of Ocean Trail Way. The project site is located from the north
jetty heading south approximately 1.10 miles and continuing eastward at varying
distances.

APPROXIMATE CENTRAL COORDINATES:

PROJECT PURPOSE:

Basic: The basic project purpose is for artifact recovery on the seafloor.

Overall: The project purpose is for artifact recovery on the seafloor within a wreck site in Palm Beach County, Florida.

EXISTING CONDITIONS: The proposed area includes a routinely salvaged nearshore portion of the Atlantic Ocean that consist mostly of barren, sandy benthic habitat. Hardbottom habitat is located throughout the project area with water depths at a maximum of 25 feet mean high water. The project includes areas within the nearshore waters of the coast that undergo beach renourishment.

PROPOSED WORK: The applicant proposes the re-authorization to conduct a salvage recovery project from the seabed by use of small dredges, propeller deflectors, blowers, and air lifts in order to retrieve artifacts and then allowing the sand to return to the site.

AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following avoidance and minimization for the project:

The applicant states that no impacts to coral reefs, seagrass beds, oyster reefs or hardbottom will occur and no impacts are anticipated. Identical equipment as originally specified in the previously issued permits (i.e. prop deflectors, mailboxes, diver operated 6 inch or less airlifts or hydraulic suction dredges), will be used and there is no chance of entanglements due to constant monitoring. Work will occur only during daylight hours and when wind and wave conditions allow, and whenever the weather permits on both the incoming and outgoing tides. There will be no excavation or disturbance of sediment within 400 feet of worm-rock reefs or hardbottom. Best management practices to control turbidity and sedimentation shall be incorporated into the project design. A blower will be used to reveal potential salvage material by displacing sand from the sea floor in which the blown sand will create a pit (dredge hole) in the sand. Each pit excavated shall be examined after excavation to determine if it has filled in naturally. Any pit that remains more than 1 foot below grade shall require corrective action.

COMPENSATORY MITIGATION –The applicant has provided the following explanation why compensatory mitigation should not be required:

No impacts to submerged aquatic vegetation are proposed or anticipated therefore no compensatory mitigation shall 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. There is an Agreement Regarding Research and Recovery of Archaeological Material Between Florida Division of Historical Resources and Jupiter Wreck, Inc. dated March 25, 2022.

ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus) or its designated critical habitat; swimming sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta), Smalltooth Sawfish (Pristis pectinata); the Loggerhead reproductive designated critical habitat; North Atlantic Right whale (Eubalaena glacialis); 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.

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 330 acres of unvegetated mud, sand, shell and rock 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 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 proposed activity is not located in the vicinity of a federal navigation 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 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, FL 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, Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at Kaitlyn.m.mallett@usace.army.mil; 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 is required from the Florida Department of Environmental Protection (FDEP). The project was reviewed under FDEP application no. 50-0172526-007-EI and issued on November 9, 2022. An Archeological Agreement is required between the applicant and the State of Florida Division of Historical Resources.

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.