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) as described below:
APPLICANT: Dolphin Point HOA
c/o Laura Traver
2936 Lakeshore Drive
Riviera Beach, FL 33404
WATERWAY AND LOCATION: The project would affect waters of the United States associated within Lake Worth Lagoon. The project site is located adjacent to 2936 Lakeshore Drive; 400 Wilma Circle and 410 Wilma Circle in Section 28, Township 42 South, Range 43 East, Palm Beach County, FL.
Directions to the site are as follows: From 4400 PGA Blvd, travel East on PGA Blvd for 2.8 miles. Turn right onto US-1. In 3.6 miles, turn left onto Silver Beach Road. In 500-feet, turn right onto Lakeshore Drive. In 0.4 miles the destination will be on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.786658 N°
Longitude -80.050289 W°
PROJECT PURPOSE:
Basic: Provide shoreline stabilization and a wave break to prevent further damage to an existing seawall.
Overall: To provide shoreline stabilization for three multi-family condominiums in Palm Beach County, Florida.
EXISTING CONDITIONS: The project site is located adjacent to a multifamily residence in the Lake Worth Lagoon located in Palm Beach County, which are tidal waters accessible to swimming sea turtles, smalltooth sawfish, manatees, and other aquatic organisms. A benthic resource survey conducted June 26, 2023, reported that seagrasses are present 6 to 8 feet waterward of the existing seawall. Areas contain 30% coverage of Halophila decipiens and Syringodium
filiforme in sections while other areas contain 10-15% coverage depending on the area. Also observed were multiple corals, sponges and lesser starlet corals right along the seawall, mostly growing on rip rap/concrete substrate along the bottom of the wall. The depths ranged from 1.5-feet at the start of the wall gradually going to 6-7’ at the end of the survey area’s east end. The proposed project would impact both seagrasses (approximately 6,800 square feet) and corals within the project footprint. The applicant has not yet provided a detailed quantification of proposed impacts for the project. The bottom consists of sand and minor areas of silt in the survey area. (See map below).
A prior benthic survey conducted in June 2021 listed five species of stony corals measuring greater than or equal to 5 centimeters (cm) that were prorogated along the existing seawall. The most dominant coral species observed was Siderastrea siderea followed by Oculina diffusa, Solenastrea bournoni, Solenastrea hyades, and Cladocora arbuscula.
Figure 1. Map of seagrasses and corals
PROPOSED WORK: The applicant seeks authorization to install 800-linear feet of riprap at a 2:1 slope from the wetface of the existing seawall. The riprap would be installed up to 20-linear feet waterward of the existing seawall.
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 will use turbidity curtains and an upland silt fence. No information was provided by the applicant on proposed efforts to avoid or minimize impacts to corals or seagrasses within the project area.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has not proposed compensatory mitigation. The Corps is currently reviewing the project to determine if compensatory mitigation is required.
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 critical habitat. Use of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (the Key) dated April 2013 and the May 2019 Addendum produced the sequential determination of A-B-C-G-N-O-P, paragraph 5 “may affect, not likely to adversely affect”. The MANLAA determination is based on the applicant adhering to the “Standard Manatee Conditions for In-Water Work (2011)”. By letters dated 25 April 2013 and 13 May 2019, the U.S. Fish and Wildlife Service (FWS) stated that for proposed in-water activities analyzed with the April 2013 version of the Manatee Key and May 2019 Addendum in which the Corps reaches a MANLAA determination with respect to the manatee, the FWS concurs with the Corps determination in accordance with 50 CFR 402.14(b) 1; and no further consultation with the FWS is required.
The Corps has determined the proposed project may affect, but is not likely to
adversely affect 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 project is within the critical habitat for the green sea turtle. The Corps will evaluate the proposed work utilizing National Marine Fisheries Service’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017 or request concurrence from NMFS.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service (NMFS) on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would impact approximately .04 acres (16,000 square feet) of benthic habitat, which is a Habitat Area of Particular Concern that is utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, snapper/grouper complex, seagrasses, corals and sponges. Since the applicant has not yet demonstrated sufficient locations of corals and proposed impacts, our initial determination is that the proposed action would 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 avoidance, minimization and 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 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 South Branch 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, FL 33410; by electronic mail at Jennifer.L.Alexander@usace.army.mil; by facsimile transmission at (561)626-9671; or, by telephone at (561)785-3961.
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 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.