SAJ-2012-01244(SP-JFB)

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/or Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403). The purpose of this public notice is to solicit comments from the public regarding the work 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 Jessica.F.Bedsworth@usace.army.mil.

APPLICANT: Deborah Drum

                      Palm Beach County

                     2300 N Jog Road

                     4th Floor

                     West Palm Beach, Florida 33411

WATERWAY AND LOCATION: The project is located along a 1.1-mile segment of the Atlantic Ocean shoreline eastward of Jimmy Buffett Memorial Highway, Ocean Ridge From Florida Department of Environmental Protection (FDEP) reference monuments R-153 to R-159, Palm Beach County, Florida.

Approximate Location:

EXISTING CONDITIONS: The project site is the beach along the Atlantic Ocean in Ocean Ridge, Florida south of the Boynton Inlet between Florida Department of Environmental Protection Monuments R-153 and R-159. The Atlantic shoreline within the project area is a beach that is constantly being shaped by the tides, winds, and waves and is critically eroded. The beach and dune are nesting habitat for marine sea turtles. Aquatic resources within the project area include tidal and sub-tidal waters, intertidal and sub-tidal unconsolidated bottoms, and sub-tidal hardbottom. In the uplands there are public parks and single and multi-family residences. According to a 2022 hardbottom delineation, there is exposed ephemeral hardbottom located within the fill template which has already been mitigated for at the north end of the project.  Nearshore hardbottom and artificial mitigation reefs are located just north of the project area. There is nearshore hardbottom south of the project starting south of FDEP monument R-160. There are two patch reefs approximately 1,000 feet from the South Borrow Area located in approximately 50 ft water depth. The outer reef is located more than 1,800 ft east of the borrow areas at its closest point from South Borrow Area in approximately 65 to 69 ft water depth.

The project has been previously constructed four times, most recently in 2020 as a Flood Control and Coastal Emergency (FCCE) project due to impacts from Hurricane Irma. The Corps previously authorized the project on December 17, 2013, and expired on December 17, 2018. The Department of Army (DA) permit authorized the discharged of beach compatible sand along the shoreline via pipeline and offshore dredging from two borrow areas.  The existing DA authorization resulted in direct burial of approximately 41.1 acres of sand substrate and 0.03 acres of hardbottom. The mean grain size of the discharged sand was 0.24 mm. The existing authorization included removal of the top layer of armor stone from the existing shore- perpendicular sterns of T-head groins G-4 through G-8, in order to lower the elevation of the structures approximately 0.45 and 2.45 feet NGVD. The armor stone excavated from the stern structures was to be removed from the beach.

The offshore borrow areas have existing DA authorization and have been previously dredged. The north borrow area is located approximately 2,500 feet offshore. The north borrow area is 17.8 acres and approximately 850 feet wide and 1,100 feet long. The south borrow area is located approximately 2,500 feet offshore. The south borrow area is 108.2 acres and approximately 1,050 feet wide and 5,500 feet long. Both borrow areas are parallel to the beach.

PROJECT PURPOSE:

Basic: Shoreline stabilization

Overall:  The overall project purpose is to stabilize the shoreline and address the effects of past and ongoing, shoreline erosion of the Ocean Ridge shoreline between Florida Department of Environmental Protection Monuments R-153 and R-159.

PROPOSED WORK:  The applicant requests a 15-year reauthorization of the previously authorized beach nourishment template. The proposed project will place 484,800 cubic yards of beach compatible material south of the South Lake Worth Inlet along 1.1 miles of Atlantic Ocean shoreline between R-153+165’ and R-159. Approximately 281,700 cubic yards of material will be placed at, or below the high tide line and the remaining 203,100 cubic yards placed at or above the high tide line to partially restore the beach. Beach fill material will be hydraulically dredged from two previously authorized borrow areas located approximately 2,500 ft offshore of the beach. North Borrow Area is centered off of R-152 and Southern Borrow Area is centered off of R-158. The proposed beach fill template dimensions and footprint are equivalent to the previously authorized project which includes a variable berm width between 28 and 168-feet, a berm elevation of 7.45-feet NAVD 88, and a seaward construction slope of 1-foot vertical to 15-feet horizontal.  

AVOIDANCE AND MINIMIZATION:

The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

There are no direct or indirect impacts to hardbottom habitat proposed or anticipated. The exposed ephemeral hardbottom located within the fill template has already been mitigated for. The project will utilize the previously authorized fill template to minimize impacts. South of R-154, there are no nearshore hardbottom resources between the beach and the South Borrow Area and pipeline corridors have not been previously required. The Permit Sketches include dredge pipeline exclusion zones where anchoring or placement of submerged pipelines will be prohibited, to protect the existing hardbottom resources. Both physical and biological monitoring plans will be required to avoid and minimize adverse impacts to the aquatic environment. The applicant has established a dredge pipeline exclusion zone just north of the project site to avoid impacts to the existing mitigation reefs and nearshore hardbottom.

The proposed project is the reconstruction of the 2014 second periodic nourishment and the 2020 FCCE nourishment. Standard beach renourishment construction practices aimed at minimizing water quality impacts will be employed during the Ocean Ridge project, including direct sand placement across the upper beach face and alongshore diking of sand to allow sufficient time for sediment settlement within the diked area. Turbidity will be monitored as detailed in FDEP permit 0311339-001-JC during construction activities. Any exceedances of permitted turbidity levels will result in the immediate halting of construction operations until turbidity levels have returned within permitted levels.

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:

The initial 1998 beach restoration project was predicted to impact 9.3 acres of nearshore hardbottom: 7.3 acres from beach restoration and groin construction between South Lake Worth Inlet (SLWI) and R-154 and approximately 2 acres offshore of R-156. Compensatory mitigation was required for these impacts and a 2.1-acre limestone boulder artificial reef was constructed at Gulfstream Park (R-166 to R-167.5) and a 2-acre artificial reef was constructed at Boynton Beach Oceanfront Park (R-156 to R-157). During permitting for the 2005 nourishment, an additional 2.25 acres of artificial reef was required as mitigation for potential impacts between R-160 and R-162. This included 60 reef pods installed in December 2009 and 2 pre-fabricated reef modules installed in September 2011. No additional mitigation has been required since deployment of the 2009 and 2011 mitigation reefs and no mitigation is proposed for the proposed project.

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, federally recognized tribes and other interested parties.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.

This notice serves as request to the U.S. Fish and Wildlife Service and National Marine Fisheries Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.

This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action may adversely affect EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Implementation of the proposed project would directly impact approximately 37.3 acres of primarily sandy substrate. There is nearshore hardbottom within the fill template, but this has been mitigated for under the previous authorization. The effects of the project are determined to be minimal and permanent. These habitat(s) are utilized by the following species and their various life stages:

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 structure or 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 of 1899 (33 USC 408) because the activity, in whole or in part,   would alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP)

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the Florida Department of Environmental Protection (FDEP). In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until June 12, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Jessica Bedsworth at Jessica.F.Bedsworth@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Jessica Bedsworth, 4400 PGA Blvd Suite 500 Palm Beach Gardens, Florida 33410.  Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

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