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 Harbors Act of 1899 (33 U.S.C. §403) as described below:
If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at Abigail.C.Davis@usace.army.mil.
APPLICANT:
Harbourside Condominium Association, Inc.
c/o Lawrence Cuomo
1 Harbourside Drive
Delray Beach, Florida 33483
WATERWAY AND LOCATION: The project is located within waters of the U.S. associated with a manmade marina basin adjacent to the Intracoastal Waterway at 1 Harbourside Drive, in Section 21, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida.
Directions to the site are as follows: US Army Corps of Engineers, 4400 PGA Blvd Ste 500, Palm Beach Gardens, FL 33410. Start out going northeast on PGA Blvd/FL-786. Merge onto I-95 S toward W Palm Bch. Take exit 51 toward Linton Blvd. Turn left onto Linton Blvd (CR-782 E). Turn left onto S Federal Hwy (US-1 N). Turn right onto Harbourside Dr. Turn left. Turn right. Make a U-Turn. Turn left toward Harbourside Dr. Turn left onto Harbourside Dr. Arrive 1 Harbourside Dr, Delray Beach, FL 33483.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.443777°
Longitude -80.066079°
PROJECT PURPOSE:
Basic: To improve shoreline stabilization and navigation for an existing multi-family residential community.
Overall: The applicant proposes to improve shoreline stabilization and navigation for an existing multi-family residential community at 1 Harbourside Drive, Delray Beach, Florida.
EXISTING CONDITIONS: The adjacent upland is a multi-family lot with 1,020 linear feet of existing shoreline that is stabilized with an 862 linear foot concrete seawall within the marina basin and 158 linear feet of riprap on the remainder of the shoreline along the intracoastal. There is 5,814 square feet of existing dock structures and 13 mooring piles that shades unvegetated benthic habitat within the project footprint. The applicant provided a seagrass survey conducted in August of 2021 that did not identify the presence of submerged aquatic vegetation. Although the seagrass survey was not conducted within the past year, it is unlikely that submerged aquatic vegetation is currently present within the project area due to the shading of the existing structures. The onsite vegetation that is located above the mean high water line consists of seagrape and boxwood and is only present along the portion of the shoreline that contains existing riprap.
PROPOSED WORK: The applicant seeks authorization to improve shoreline stabilization and water access of an existing 27 slip multi-family residence by conducting the following activities:
- Install 862 linear feet of new concrete seawall panels no more than one (1) foot waterward of the existing seawall wetface. The new seawall will consist of a concrete seawall with 97 new concrete king piles and 96 new concrete batter piles, and a new 36-inch-wide by 14-inch-tall concrete cap.
- Construct an additional 158 linear feet of new concrete seawall no more than 18 inches waterward of the Mean High Water line. The new seawall will include 21 concrete king piles, 18 concrete batter piles, and a 36-inch-wide by 14-inch-tall concrete cap.
- Remove and replace 158 linear feet (50 cubic yards) of riprap within the same footprint as existing riprap. The riprap will be replaced no further than six feet waterward of the wetface of the new seawall.
- Remove and replace an existing 4,504-square-foot irregularly-shaped marginal dock with a new 4,504 square-foot wood marginal dock in the same location. The dock will be constructed on 120 new wood piles located in the same footprint as the existing piles.
- Remove and replace in the same location two 40-foot by 5-foot wood finger piers, each on eight (8) new wood dock piles.
- Remove and replace in the same location two 30-foot by 5-foot wood finger piers, each on six (6) new wood dock piles.
- Remove and replace in the same location a 122-foot by 5-foot wood pier on 26 new wood dock piles.
- The concrete seawall will be installed by trench and fill method and the concrete piles will be installed by impact hammer.
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:
Turbidity impacts will be minimized by deploying and maintaining turbidity barriers around all work areas as depicted on the drawings. Navigation will not be affected; construction will take place no more than one (1) foot waterward of existing structures.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant has not proposed compensatory mitigation due to the project having no impacts to special aquatic sites.
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 threatened West Indian Manatee (Trichechus manatus). The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the endangered smalltooth sawfish (Pristis pectinata), swimming sea turtles: the endangered green sea turtle (Chelonia mydas), the endangered hawksbill sea turtle (Eretmochelys imbricata), the endangered leatherback sea turtle (Dermochelys coriacea), the endangered Kemp’s ridley sea turtle (Lepidochelys kempii), and the threatened loggerhead sea turtle (Caretta caretta). The Corps will request concurrence with these determinations from the National Marine Fisheries Service (NMFS), Protected Resources Division 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 proposal would impact approximately 5,814 square feet of unvegetated benthic habitat by the shading from dock structures. The proposal would impact 971 square feet of unvegetated benthic habitat by the replacement of riprap. The proposal would impact 1,099.33 square feet of unvegetated benthic habitat by the filling of surface waters for the installation of a seawall and 1,530.5 square feet of unvegetated benthic habitat by the shading of the associated seawall cap. This habitat type is 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 not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Fisheries. 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 structure is 68.6 feet away from the near bottom edge of the Intracoastal Waterway federal channel. This project has been 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. 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 Blvd, STE 500, Palm Beach Gardens, FL 33410 within 15 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, Abigail Davis, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Blvd, STE 500, Palm Beach Gardens, Florida 33410; or by electronic mail at Abigail.C.Davis@usace.army.mil.
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 (WQC): This public notice serves as the notification to the EPA pursuant to section 401(a)(2) of the Clean Water Act. Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP). The project was reviewed under FDEP application no. 50-0439736-008-EI and a WQC was issued.
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.
CLICK HERE for Public Notice and Graphics