SAJ-1989-90053(MOD-LCK)

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 arbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT:
City of Delray Beach
Attn: Missie Barietto
434 South Swinton Ave.
Delray Beach, FL 33444
fuentesc@mydelraybeach.com

WATERWAY AND LOCATION: The project is located along a 3.0 mile segment of Atlantic Ocean shoreline eastward of N. Ocean Boulevard, Delray Beach from Florida Department of Environmental Protection (FDEP) Reference monuments R-175+330 to R-190+200 feet. (Sections 9, 16, 21, and 28, Township 46 South, Range 43 East) Palm Beach County Florida.

Directions to the site are as follows: Exit I-95 at Woolbright Ave, Exit 56. Continue east on Woolbright Road Florida A1A, turn right on Florida A1A. Continue south for approximately 2.7 miles. The northern limit of the project area is located to the east at monument R-175+330.

APPROXIMATE COORDINATES:

PROJECT PURPOSE:

Basic: The basic project purpose is shoreline stabilization.

Overall: The overall project purpose is to stabilize the shoreline and address the adverse effects of past, and ongoing, shoreline erosion between FDEP monuments R-175+330’ to R-190+200’.

EXISTING CONDITIONS: The project extends along the shoreline of the City of Delray Beach. The existing area surrounding the beach placement area consists of a dune system, S.R. A1A, and residential development to the east. The Atlantic shoreline within the project area is a beach that is constantly being shaped by the tides, winds, and waves. The beach and dune are essential nesting habitat for marine sea turtles. Aquatic resources within the project area include tidal and sub-tidal waters, intertidal and sub-tidal unconsolidated bottoms, and intertidal and sub-tidal hardbottom. Other habitats include dry beach and upland development. The marine habitat within the project area is composed of unconsolidated soft bottom habitat. No nearshore hardbottom is located within the project footprint. The nearest reef formation is a shore-parallel offshore reef track within 60-foot depth and located approximately 1,200 feet seaward of the nearest borrow area.

Borrow Area I and II were previously dredged for the Fifth Periodic Beach Renourishment project. The two offshore borrow areas are located approximately 2,000 feet offshore. The borrow areas vary in width from 1,000 feet to 425 feet and have a combined length of 2.8 miles, which extends parallel to the beach.

A sand search was conducted in 2019, which resulted in the proposed expansion of the existing authorized Borrow Areas to the north, south, west, and deeper than the authorized borrow areas. The currently proposed borrow areas are Borrow Areas D-IV and D-V. Borrow Area D-V is a new borrow area and Borrow Area D-IV overlaps with the previously authorized Borrow Area II. These offshore borrow areas are located more than approximately 1,600 feet offshore. The borrow areas vary in width from 900 feet to 500 feet and have a combined length of 2.3 miles, which extend parallel to the beach.

The area from R-175.5 to R-190 is considered a critical erosion area (CEA) by the Florida Department of Environmental Protection (FDEP) Office of Resilience and Coastal Protection. In addition, physical monitoring and project performance analyses have identified that the southern 1-mile of the current project area experiences the highest erosion. Since the post-construction survey in 2013, the area around Atlantic Dunes Park, specifically R-187, has continued to experience the highest erosion rate, with a loss of over 2,000 cy/month.

PROJECT HISTORY: Delray Beach was initially nourished in 1973 to provide storm protection and recreational benefits to the city. Subsequent re-nourishments took place in 1978, 1984, 1992, 2002, 2005 Flood Control Coastal Emergency (FCCE) project, and 2013, 2014 (FCCE), and 2020 (FCCE). Beginning with the beach nourishment conducted in 1992, the design interval between beach nourishments was increased to eight years. The 2020 City of Delray Beach Shore Protection Project was constructed by the Corps between January 2020 and March 2020. The project extended from FDEP monument R-184+397 (between Azalea Road and Hibiscus Road) to approximately 465 feet south of R-188 (between Bel Harbour Drive and Bermuda Gardens Drive). Based on USACE’s as-built surveys, approximately 364,400 cubic yards (cy) of sand were placed over the 0.77-mile project area, increasing the beach width by 112 feet on average.

The Corps permit dated June 18, 2017, authorized beach nourishment along 2.8 mile segment of beach between R-175+330 to R-188A. That authorization was to reconstruct the federally authorized design section and advance nourishment that was placed in 2013 for the Fifth Periodic Beach Re-nourishment project and the 2014 FCCE project. The Corps issued a permit for the renourishment project on March 22, 2022, and expires on March 22, 2027.

PROPOSED WORK: The applicant seeks authorization to modify their existing Department of Army authorization by extending their beach template to include a taper at the southern limit of the fill template. The taper would extend an additional 1,840 linear feet from R-188A to R-190+200’. Extending the southern taper will allow for placement of an additional 90,500 cubic yards of material to be placed along the shoreline.

The revised project description is as follows:

The applicant proposes to place approximately 1,019,800 cubic yards of beach compatible material along an approximately 3.0 mile segment of beach between R-175+330’ to R-190+200’. Approximately 381,000 cubic yards would be placed above the high tide line and approximately 638,800 cy will be placed below the HTL. The design cross section provides for a berm width extension of 100 feet (30.5 m) from the Erosion Control Line (ECL) at an elevation of +7.5 feet (2.29 m) NAVD, and a seaward slope of 1V:10H. The sand will be dredged from Borrow Area(s): BA-1, D-V and D-IV with a cutterhead or hopper dredge. The material will be transported from the offshore borrow site to the beach placement site through a series of submerged, floating, and shore-supported pipelines.

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:

There are no direct or indirect impacts to hardbottom habitat proposed or anticipated, as reef resources are located more than 3,400 feet waterward of the fill template and approximately 1,100 feet from the existing and proposed borrow areas. The proposed borrow areas are located more than 1,300 feet offshore of the project, seaward of the -32 foot contour. During construction the project would require the implementation of sediment barriers to ensure water quality, including construction of berms or dikes; the use of a turbidity mixing zone in accordance with the 401 water quality certification if required by the FDEP; and downstream turbidity monitoring to ensure compliance with turbidity standards. Compliance with turbidity monitoring requirements will ensure turbidity levels remain within permitted limits.

The proposed taper will place additional sand from R-188a to R-190+200’, extending the existing taper an additional 1,840 ft. The current taper is an abrupt 250 ft-long taper adjacent to the highest fill placement densities of the Delray Beach project area (approximately 89 cy/LF. The longer taper section would significantly alter the proportional loss of the fill, with time, and show consequent improved economic benefits for the project. The extended length of the taper is expected to allow the project to evolve more slowly and last longer.

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

The proposed project does not directly or indirectly impact any hardbottom or coral habitat, therefore no compensatory mitigation is proposed or 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 proposal may affect the threatened and endangered nesting sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta, Lepidochelys olivacea), threatened West Indian manatee (Trichechus manatus), and the Loggerhead designated terrestrial critical habitat Unit LOGG-T-FL-13. The Corps also determined the proposed project may affect but is unlikely to adversely affect the threatened piping plover (Charadrius melodus). The Corps has determined that the project is consistent with the Statewide Programmatic Biological Opinion (2015-SPBO, Service 2015), and the Programmatic Piping Plover Biological Opinion (P3BO, Service 2013). The Corps will request initiation of formal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.

The Corps has determined the project may affect the threatened swimming sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta, Lepidochelys olivacea), and may affect but is unlikely to adversely affect the loggerhead (C. caretta) designated migratory, breeding and reproductive critical habitats. The Corps has determined the project may affect but is unlikely to adversely affect the smalltooth sawfish (Pristis pectinata), the Giant Manta Ray (Manta birostris) and the Northern Right Whale (Eubalaena glacialis). The Corps will request review of the proposed project for compliance with the 2020 National Marine Fisheries Service (NMFS) South Atlantic Biological Opinion (SARBO). If required, the Corps will request initiation of formal consultation with NMFS 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 project is anticipated to directly or indirectly affect 79.2 acres of nearshore unconsolidated sandy benthic habitat that is utilized by various life stages of penaeid shrimp complex, red drum, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. There is no nearshore hardbottom within the project area. Dredging offshore shoal areas consisting of sand, shell and rock may also affect managed species. The offshore reef is located approximately 1,100 feet waterward of the borrow areas at the closest point. 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 activity is not located in the vicinity of a federal navigation channel.

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 Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410, 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, Linda C. Knoeck, in writing at Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410 by electronic mail at Linda.C.Knoeck@usace.army.mil; or, by telephone at (561)472-3506.

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 Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 0303553-011-JM]

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.