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:
Palm Beach County Department of Environmental Resources Management
Attn: Deborah Drum
2300 North Jog Rd., 4th floor
West Palm Beach, FL 33411-27
WATERWAY AND LOCATION: The proposed project site is located along 4.9 miles of shoreline adjacent to the Atlantic Ocean from the Florida Department of Environmental Protection (FDEP) range monuments R-13 to R-38 (Section 05, Township 41 South, Range 43 East), in Palm Beach County, Florida.
Directions to the site are as follows: Take I-95 North to Indiantown Road east exit. Continue east on Indiantown Road and take a left onto State Highway A1A and then take a right onto Beach Drive. Take a left where Beach Drive ends onto Ocean Trail Way until the road end (northern extent of beach fill).
APPROXIMATE COORDINATES:
Beach locations
Fill Locations Latitude Longitude DNR Monuments Amount of fill (cubic yards)
Segment I
(Jupiter/Carlin)
SAJ-1990-00902 26.94237º -80.07221º
R-13 to R-19 600,000
Segment II 26.927558° -80.068160° R-19 to R-26 338,000
Segment III
(Juno Beach)
(SAJ-1997-06559)
26.907177° -80.061859° R-26 to R-38 475,000
Borrow area 26.964297° -80.043880° Offshore of R-1 through R-12
PROJECT PURPOSE:
Basic: The basic project purpose is shoreline stabilization.
Overall: The overall project purpose is to stabilize the shoreline to address the adverse effects of past, and ongoing, shoreline erosion between FDEP monuments R-13 to R-38.
EXISTING CONDITIONS:
The project site is along the coastline of Palm Beach County between FDEP monuments R-13 to R-38. Prominent geomorphic features of Jupiter Carlin Beach (Segment 1) and Juno Beach (Segment III), include the Jupiter Inlet ebb shoal, and nearshore hardbottom.
The offshore system can be characterized as marine intertidal, unconsolidated sediment with natural community structures. Offshore reef habitats are present adjacent to the borrow area. The borrow area is located 909 m seaward of hardbottom, 409 m seaward of small patch reefs, and 434 m west of a high relief ridge complex.
The majority of consolidated nearshore hardbottom within the Project Action Area (PAA) is located throughout Segment I. The ephemeral nearshore hardbottom habitat in the PAA is highly dynamic with frequent sand burial. Aerial delineations dated May 18, 2022, show a total of 0.24 acres of exposed nearshore hardbottom located inside the Segment I equilibrium toe of fill (ETOF) with an additional 0.05 acres withing the mixing zone. As per May 18, 2022, aerial delineations, no natural nearshore hardbottom communities are exposed inside the Segment II or Segment III ETOF and/or mixing zone.
Offshore of Juno Beach (Segment III), nearshore hardbottom is present in water depths of approximately 3-4 meters and characterized as intertidal and subtidal and consists of unconsolidated low relief hardbottom covered with short, sparse turf algae separated by areas of non-vegetated sandy bottom. The hardbottom is fairly low-relief south of the project area to R-44; between R-44 and R-45, the relief increases significantly.
In Segment II, the only hardbottom resources identified offshore are the Diamond head Radnor Reef, an area of artificial reefs located about 1,600 feet offshore of R-24. These reefs are approximately 775 linear feet waterward of the (equilibrium toe of fill) ETOF.
In Segment I there is a total of 0.24 acres of exposed nearshore hardbottom within 500 feet of the ETOF and a coral survey was completed in July 2021 which did not indicate any listed coral species present. The ambient seabed within the authorized borrow area has an elevation of about -60 to -70 feet (-18.3 to -21.3 North American Vertical Datum (NAVD) 88). Bathymetric survey indicates the vertical limits of excavation range between -71 and -75.5 feet (-21.6 and -23.0 m) NAVD.
PROJECT HISTORY:
The Corps issued Department of Army (DA) permit for the referenced project on September 19, 2018, the construction of the North County Comprehensive Shore Protection Project (NCCSPP), which includes comprehensive renourishment and periodic maintenance of approximately 4.9 miles of critically eroded Palm Beach County shoreline between R-13 and R-38. The project combined two previously constructed and authorized shore protection projects; the Jupiter-Carlin Beach (SAJ-1990-00902) (Segment I), and the Juno Beach Shore Protection Project (SAJ-1997-06559) (Segment III), into a single project and proposed fill between the two existing projects in the form of dune restoration only. The project is subdivided into three segments I, II, and III. The shoreline along Segment II connects the two previously authorized projects and is located between FDEP R-19 and R-26, which includes multiple, small dune construction projects only. The applicant is authorized to utilize sand from either two upland sand mines (the Stewart and Ortona sand mines), or from an offshore borrow area spanning approximately 477 acres. Excavation of the borrow site would be completed with a hopper dredge and direct pump-out to the project shoreline.
Segment I was partially renourished by the Corps Federal Coastal Construction Emergency Project (FCCE) between November 2019 and January 2020. A portion of Segment II was constructed (only 1,200 linear feet out of the 7,700 linear foot authorized template) in February 2020. Segment III was renourished by Palm Beach County between December 2020 and 10 March 2021. The Segment I renourishment was completed by Palm Beach County between December 2021 and February 2022. Dunes were reconstructed throughout Segment II by Palm Beach County in April 2022.
The Corps issued a modification on September 19, 2018, to update the permit to comply with the National Marine Fisheries Service (NMFS) 2020 South Atlantic Regional Biological Opinion for Hopper Dredging (SARBO). Additionally, the Corps extended the authorization date of the permit for an additional two years. The DA permit expires on September 19, 2025.
PROPOSED WORK: The applicant proposes to modify the existing authorization to expand the beach fill template for Segment II (R-19 to R-26) waterward of the mean high-water line (MHWL). Currently for Segment II only sand placement above the MHWL is authorized. The revised project description is as follows:
The project proposes the discharge of fill material (approximately 1,413,000 cy) along 4.9 miles of shoreline between R-13 to R-38 using a design template that includes a variable-width berm crest at an elevation of +8.0 feet NAVD. In Segments I through III the variable berm crest will be fronted by a 1V:50H turtle friendly berm. For Segments I and III the berm will extend to an elevation of +6.0 feet NAVD, for Segment II the berm will extend to an elevation of +7 feet NAVD. All berms will extend to the existing seabed at a slope of 1V:10H.
The project also proposes the reconstruction of the previously authorized dunes with variable-width crests and a maximum elevation of +12.5 feet NAVD and 1V:4H side slopes. The dunes will be vegetated with native salt-tolerate dune plants.
The project proposes sand from either two upland sand mines (the Steward and Ortona sand mines), or from an offshore 477 acre borrow area located two nautical miles offshore of Jupiter Inlet and immediately offshore of DEP monuments R-1 through R-12. Excavation of the borrow site would be completed by use of a hopper dredge and utilize floating pipelines for pump out to the shoreline.
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:
No hardbottom impacts are proposed or anticipated beyond what was already previously mitigated for. Palm Beach County will continue to conduct physical monitoring of the nearshore hardbottom via their currently ongoing environmental monitoring program.
The only material difference between the currently permitted project templates for Segments I and III and that of the proposed project in Segment II is the width of the 1V:50H berm slope. For Segments I and III, the slope extends seaward 100 feet from the seaward edge of the flat berm from elevation +8.0 to +6.0 feet, NAVD. The Segment II project proposes a narrower footprint, as such, the same slope extends seaward 50 feet from the seaward edge of the flat berm from elevation +8.0 to +7.0 feet, NAVD.
The applicant completed a modeling report that suggests the increase of fill material along Segment II shoreline is not expected to alter the evolution of the shoreline south of the project limits (R-38) relative to existing conditions (i.e., construction of Segments I and III alone). The proposed project is expected to increase the service life of both the Segment I and III beach renourishments, which would theoretically reduce the frequency of renourishments and resulting disruptions to the coastal system along the shoreline.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
Previously constructed projects along the Jupiter-Carlin (Segment I) project have resulted in direct and indirect impacts to nearshore hardbottom resources. These impacts have been mitigated for previously. Mitigation for all previous direct and indirect hardbottom impacts has been completed as required. No additional mitigation is proposed or anticipated. The applicant will monitor the nearshore hardbottom throughout the project and south of the project limits. To date, 12.6 acres of artificial reef have been constructed as mitigation for impacts associated with the original authorization for the Segment I and III shore protection projects.
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-11 The Corps also determined the proposed project may affect but is unlikely to adversely affect the threatened piping plover (Charadrius melodus) and the Rufa Red Knot (Calidris canutus rufa). 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 review the proposed project for compliance with the 2020 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. All exposed hardbottom within the existing and proposed fill template has been previously mitigated for. The benthic habitat 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. Constructions of artificial reefs, which provide similar ecological functions to the buried hardbottom within the project area, have mitigated the effects associated with hardbottom burial for past projects. 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).
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.