SAJ-2025-01667(SP-ACD)

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). 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 Abigail.C.Davis@usace.army.mil.

APPLICANT: Julie Parham

                     Town of Palm Beach

                     951 Old Okeechobee Road

                      Suite A

                     West Palm Beach, FL 33401

WATERWAY AND LOCATION: The project would affect aquatic resources associated with Lake Worth Lagoon. The project site is located at 906 N Lake Way, Section 16 Township 43 South, Range 43 East, at Latitude 26.74500° and Longitude -80.04194°, in West Palm Beach, Palm Beach County, Florida.

EXISTING CONDITIONS: The project site is along a narrow strip of shoreline that abuts the west side of North Lake Way. The shoreline currently consists of riprap and a seawall along the southern section. Vegetation is dominated by invasive and non-native species which includes Coconut Palm (Cocos nucifera), Seaside mahoe (Thespesia populnea), Royal Poinciana (Delonix regia), and Snake Plant (Dracaena sp.), with some native species throughout that includes Gumbo Limbo (Bursera simaruba) Red Mangroves (Rhizophora mangle), Sea Grape (Coccoloba uvifera), Simpson’s Stopper (Ficus benjamina), and White Ink Berry (Scaevla taccada). A benthic survey was conducted on June 20, 2024, and indicated that seagrasses are located within the project area but not within the footprint of the proposed in-water structures, or fill area.

PROJECT PURPOSE:

Basic:  The basic project purpose is shoreline restoration and stabilization.

Overall:  The overall project purpose is shoreline restoration and stabilization for the Town of Palm Beach in Palm Beach County, Florida.

PROPOSED WORK:  The applicant requests authorization to construct a living shoreline to stabilize the shoreline by conducting the following activities:

Remove invasive vegetation

Regrade the existing shoreline by discharging 750 cubic yards of fill

Plant mangroves

Install 8 segments of rock breakwaters that total 860 linear feet (937 cubic yards) and have a crest width of 2.5 feet and crest height of +1.3 ft NAVD.

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

To minimize potential adverse environmental impacts associated with the construction of the proposed mangrove living shoreline, several mitigation measures will be implemented. A 10-foot no-disturbance buffer will be maintained between all in-water work and the mapped submerged aquatic vegetation (SAV) to protect sensitive seagrass and macroalgae habitats. An additional SAV survey will be conducted prior to the start of construction to confirm previously mapped SAV area. Turbidity curtains will be deployed around active construction areas to reduce sediment resuspension and minimize light attenuation. Construction will be scheduled to avoid peak spawning, nesting, and migratory periods for sensitive aquatic and avian species, and low-impact methods, such as the use of hand planting techniques, will be employed to reduce noise and benthic disturbance. Erosion and sediment control measures, including coir logs, silt fencing where applicable, and temporary stabilization techniques, will be installed to protect adjacent habitats, with disturbed areas promptly replanted using appropriate native vegetation, including mangroves.

Invasive plant species will be removed using manual or mechanical methods to avoid chemical impacts. Should herbicide application be necessary, only EPA- and state-approved aquatic formulations will be used, applied by licensed professionals under calm weather conditions to prevent drift or runoff. Pollution prevention measures will include daily inspections and maintenance of construction equipment to prevent fuel or hydraulic fluid leaks, on-site spill kits, and designated refueling areas located away from the water. All site access routes will be carefully delineated to avoid unnecessary disturbance to existing upland or wetland vegetation, and naturally recruited mangroves or other native plants will be preserved and incorporated into the final design wherever feasible.

Post-construction monitoring will be conducted to evaluate shoreline stabilization, vegetation survival, and potential impacts to adjacent SAV. This monitoring will inform adaptive management strategies, which may include supplemental plantings, structural modifications, or additional erosion control measures if needed to ensure the long-term success and ecological function of the living shoreline.

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

Resources are not proposed to be impacted; therefore, mitigation should not 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, 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 U.S. Army Corps of Engineers (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.

The Corps has determined the proposed project is not likely to adversely affect the Wood Stork (Mycteria americana). The Corps evaluated potential project related effects to the wood stork by using the South Florida Programmatic Concurrence (Key), dated 18 May 2010. Use of this Key produced the sequential determination A-B, which resulted in a “not likely to adversely affect (NLAA) determination.
 

The Corps has determined the proposed project may affect, but not likely to adversely affect the Eastern Indigo Snake (Drymarchon couperi). Pursuant to Section 7 ESA, any required consultation with the Service will be conducted in accordance with 50 CFR part 402. The Corps is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by The Corps.

The Corps has determined the project may affect but is not likely to adversely affect the threatened West Indian Manatee (Trichechus manatus) or its designated critical habitat.  The Corps will request Fish and Wildlife Service's 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, swimming sea turtles (Chelonia mydas), Kemp’s Ridley (Lepidochelys kempii), and Loggerhead (Caretta caretta), Smalltooth sawfish (Pristis pectinate), Queen Conch (Alger gigas), and the Giant Manta Ray (Mobula birostris). The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The Corps is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the Corps.

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 0.12 acres of unvegetated submerged bottom via the discharge of material. 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 not 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 not 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 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 September 20, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Abigail Davis at Abigail.C.Davis@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Abigail Davis, 4400 PGA Blvd, Suite 500, Palm Beach Gardens, FL 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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