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: Waterside at Boca Trail Community Association Inc.
c/o Roger Cooper
23380 Water Circle
Boca Raton, Florida 33486
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Hillsboro Canal. The project site is located in Section 35, Township 47 South, Range 42 East, at 23380 Water Circle, Boca Raton, Palm Beach County, Florida.
Directions to the site are as follows: From I-95 take exit 44 toward Palmetto Park Road onto West Palmetto Park Road. Turn left onto South Military Trail (CR-809 S). Turn left onto Southwest 18th Street. Turn right onto Water Circle.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.328097°
Longitude -80.126264°
PROJECT PURPOSE:
Basic: The purpose of this project is to improve water access and provide safe navigation.
Overall: The overall project purpose is to replace an existing 36-slip marina facility with a new 36-slip marina facility, including dredging to provide adequate water depth for safe vessel access for the Waterside at Boca Trail Community.
EXISTING CONDITIONS: The project site consists of an upland multi-family residential development with approximately 1,154 linear feet of shoreline stabilized with riprap boulders previously authorized under Corps permit SAJ-1992-30229 issued on July 11, 1992. There are two existing wood marginal docks along the shoreline, the western dock measuring 192.5 feet by 5 feet, and the eastern dock measuring 793.5 feet by 5 feet. An existing private boat ramp divides the two marginal docks. There are nine wooden T-shaped piers extending waterward from the two marginal docks. In total, the wooden dock structures measure approximately 8,511 square feet and are designed to accommodate 36 vessels. There are approximately 5,136 square feet of existing mangroves along the shoreline, both landward and waterward of the marginal dock structures. The applicant obtained a mangrove trimming permit from the Florida Department of Environmental Protection on December 6, 2022 to conduct limited trimming of the mangroves to provide a view to the upland residents and to allow navigational access to the existing docks.
PROPOSED WORK: The applicant seeks authorization to construct a new 36-slip marina facility with 8,862 square feet of wood docks on 356 new wood piles, install 16 new wood mooring piles, and dredge an area of approximately 24,226 square feet, removing 846 cubic yards of sediment from the Hillsboro Canal.
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:
Impacts will be minimized by deploying and maintaining turbidity barriers around all work areas as depicted on the drawings. Navigation impacts will be minimized by encroaching no more than approximately 25% into the 180' wide Hillsboro Canal.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
No significant resources are present; therefore, no mitigation is proposed.
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); swimming sea turtles: (green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta)); smalltooth sawfish (Pristis pectinata); Giant Manta Ray (Mobula birostris); and wood stork (Mycteria americana). 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.
The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.
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 applicant states that the proposal would impact 60 square feet of tidal mangrove habitat. Tidal mangrove wetlands are 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 have an 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 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 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, Jeffrey Meyer, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Jeffrey.L.Meyer@usace.army.mil (please cc Alisa.A.Zarbo@usace.army.mil); or by telephone at (561) 871-0387.
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 may be required from the South Florida Water Management District (SFWMD). The project is being reviewed under SFWMD application no. 231110-41217.
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.