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: City of Riviera Beach
Attn: Mr. Danny Jones
600 West Blue Heron Boulevard
Riviera Beach, Florida 33404
WATERWAY AND LOCATION: The project is located at the City of Riviera Beach Marina within navigable waters of the United States (U.S.) in the Intracoastal Waterway (ICW), adjacent to 180 East 13th Street, Section 33, Township 42 South, Range 43 East, Riviera Beach, Palm Beach County, Florida.
Directions to the site are as follows: From Interstate-95 in Palm Beach County, take exit 77 onto Blue Heron Boulevard. Travel east to U.S. Highway 1, then south to East 13th Street. The marina entrance is located east of East 13th Street.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.7737°N
Longitude -80.0512°W
PROJECT PURPOSE:
Basic: The basic project purpose is to improve water access of a commercial marina.
Overall: The overall project purpose is to improve and provide additional mooring and water access at the existing City of Riviera Beach Marina, in Palm Beach County, Florida.
EXISTING CONDITIONS: The site location consists of an existing 129-slip commercial marina and docking facility. The existing area surrounding the project area consists of commercial uplands, neighboring marina, Port of Palm Beach, and Peanut Island; a recreational public site within the Intracoastal Waterway. The marina does not support dry boat slips. Water depths within the existing marina range from -6 to -12 feet mean low water and are routinely dredged. Marginal berthing areas are typically used as temporary slips and are designated to accommodate multiple small vessels or a fewer number of larger vessels in the mega yacht class. The shoreline of the marina is stabilized by a vertical bulkhead. A benthic survey was performed in the proposed dredged area using the Braun Blanquet (BB) method in September 2023. Four (4) species of seagrasses (Halophila decipiens, Syringodium foliforme, Halodule wrightii, Halophila johnsonii) were identified in coverages from 5-25% throughout the proposed dredged areas. The benthic survey did not provide data on the submerged substrate type or if corals were present and did not provide square footage for seagrass coverage. The survey did not expand beyond the project footprint, therefore secondary impacts to surrounding areas cannot be quantified using the provided survey.
Project History: A Department of Army (DA) permit (SAJ-1993-02265 (SP-CHF)) dated February 22, 2012 authorized the reconfiguration of the existing marina in Piers A-F, total of 111 permanent slips. This permit was modified on September 26, 2016 to extend the expiration date by two years to February 22, 2019. A DA permit was issued September 26, 2016, which added an additional 13 slips through the creation of Pier G. This permit was also modified on September 26, 2016 to extend the expiration date to September 26, 2021.
PROPOSED WORK: The applicant seeks authorization to modify an existing 129 slips commercial marina by installing new floating docks to add 41 additional wet slips (for a total of 168 wet slips), a new floating restaurant and operations office, and perform dredging. Specifically, the applicant is proposing to:
- Dredge approximately 716,300 square feet (16.44 acres) (178,000 cubic yards) of benthic substrate;
- Install approximately 33,250 square feet of new docks and access walkways;
- Install a new personal watercraft floating dock (1,795 square feet);
- Install two floating platforms (3,960 square feet) to accommodate a new floating restaurant and restroom facility,
- Install a new floating platform (2,560 square-feet) for a new marina operations office;
- Install a new overwater access bridge (560 square feet).
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:
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.” To minimize adverse effect associated with noise, the applicant would use wood block cushioning, limit the drop or the stroke length of the hammer, and steel pipe piles will be installed using a vibratory hammer with high frequency and low noise. Direct impacts to approximately 2.68 acres (116,714 square feet) of seagrass are proposed to occur within the dredge footprint and 0.98 acres (42,908 square feet) of shading impacts to seagrass are proposed from the proposed structures. Additionally, minimization and avoidance efforts have not been proposed by the applicant.
COMPENSATORY MITIGATION – The applicant has provided a compensatory mitigation plan to offset unavoidable impacts to aquatic vegetation from the proposed dredging and installation of structures. The applicant stated that compensatory mitigation for the unavoidable impacts to submerged aquatic vegetation associated with the marina expansion will be offset through the increase functional gain to the seagrass habitat associated with the proposed South, Central and North mooring fields currently being processed under SAJ-2021-00331, SAJ-2021-00332, and SAJ-2024-00338. The proposed mooring fields encompass a total area of 261.4 acres and is split into three (3) separate fields within Lake Worth Lagoon and will be managed to prevent anchors, chains, or other foreign objects from disturbing the bottom. The applicant is proposing that by preventing damage to the bottom, seagrasses would be able to flourish within the managed mooring fields. This would provide adequate substrate for the preservation and growth of seagrasses to offset the functional and direct loss of seagrasses from the proposed dredge area and new docking structures.
The Corps is currently evaluating the applicant’s proposed compensatory mitigation to determine whether it is appropriate.
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 Loggerhead (Caretta caretta), Green (Chelonia mydas) (including designated habitat), Hawksbill sea turtle (Eretmochelys imbricata) and Kemp’s Ridley (Lepidochelys kempii); Smalltooth sawfish (Pristis pectinata); and the Giant Manta Ray (Mobula birostris) and their designated critical habitat. The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the project may affect the West Indian Manatee (Trichechus manatus) and it’s designated critical habitat. 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 project proposes direct and secondary impacts to seagrasses and benthic substrate from the proposed dredging and shading of the proposed docking structures. The provided survey as described in the above existing condition section did not identify secondary impacts for areas adjacent to the proposed dredge footprint. he applicant stated that the proposed project would impact approximately 2.68 acres of seagrass, and 0.98 acres (42,908 square feet) of shading impacts to seagrass are proposed from the proposed structures. However, the Corps has estimated that direct impacts could be up to 16.44 acres (which is the total proposed dredge footprint). Impacted EFH include seagrasses 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 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: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structures are more than 100-feet away from the near bottom edge of the Intracoastal Waterway federal channel. The proposed dredge footprint is located within the Corps setback of the federal channel and will be coordinated with the Corps Navigation Section.
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.
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 Blvd. Suite 500, Palm Beach Gardens, FL 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 Blvd. Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at Jennifer.L.Alexander@usace.army.mil; 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.
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. 50-0200089-011-EM.
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.