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 Inlet Marina, LLC
Attn: Patrick Koenig
505 South Flagler Drive, Suite 1010
West Palm Beach, Florida 33401
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Intracoastal Waterway. The project site is located within Jupiter Inlet adjacent to 1095 North A1A in Section 31, Township 40 South, Range 43 East, Jupiter, Palm Beach County, Florida.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.946689°
Longitude: -80.083973°
PROJECT PURPOSE:
Basic: The basic project purpose is to reconfigure an existing commercial marina.
Overall: The overall project purpose is to reconfigure an existing marina and add additional slips for vessel mooring.
EXISTING CONDITIONS: The project site is located in an existing commercial marina within Jupiter Inlet, 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. A benthic survey was performed on September 5, 2023, and indicated the presence of seagrasses within the marina basin. Two patches were identified and contained paddle weed, paddle grass and/or shoal grass in densities of 1-5% in each bed. The beds are located 13-feet waterward of the seawall on the east and west ends of the basin. The U.S. Army Corps of Engineers (Corps) previously issued a Department of Army (DA) permit in 2009 for a marina reconfiguration and dredging. In June 2012 the Corps issued a DA permit for a reconfiguration of the marina docks.
PROPOSED WORK: The applicant seeks authorization to reconfigure an existing 48-slip marina to a 66-slip marina. Specifically, the applicant proposes to:
1. Remove an existing floating dock (1,356-square feet);
2. Install six (6) floating finger piers (1,846-square feet) to the existing western dock;
3. Install 10 new boat lifts;
4. Install a new floating dock (488-square feet) to the western edge of the marina’s basin adjacent to the seawall;
5. Install a new floating dock (508-square feet) to the eastern edge of the marina’s basin adjacent to the 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 proposed marina reconfiguration and installation of structure will avoid direct and indirect impacts to the existing seagrass within the project area.
Floating turbidity curtains would be utilized during all in-water work and would remain in place until all erodible sediment has stabilized. The applicant agrees to abide by the “Standard Manatee Conditions for In-Water Work” and “Sea Turtle and Smalltooth Sawfish Construction Conditions.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant has stated that the proposed project would not adversely impact aquatic resources, therefore no compensatory mitigation should be 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 that the proposed project may affect, but is not likely to adversely affect swimming sea turtles: Loggerhead (Caretta caretta), Green (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata) and Kemp’s Ridley (Lepidochelys kempii); 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, or obtain programmatic concurrence, as appropriate.
The Corps has determined the project may affect the West Indian Manatee (Trichechus manatus). The Corps will evaluate the proposed work and request consultation from the U.S. Fish and Wildlife 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 2.4 acres of marina basin contains submerged substrate known to contain seagrass and is utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. The project proposes to avoid direct and indirect impacts to the existing seagrass within the project area, therefore, the Corps’ 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 is approximately 135-feet from the edge of the federal channel.
SECTION 408: The Corps has determined 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, 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 waters. 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 L. Alexander, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; or by e-mail at Jennifer.L.Alexander@usace.army.mil.
IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency, 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 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.
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.