SAJ-2001-01206(SP-KMM)

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 Kaitlyn.M.Mallett@usace.army.mil .

APPLICANT: David Matson

                      Florida DEP

                      3800 Commonwealth Blvd.

                      Tallahassee, FL 32303

WATERWAY AND LOCATION: The project would affect aquatic resources associated with Lake Worth Lagoon.  The project site is located on the western side of Munyon Island of John D MacArthur Beach State Park; at latitude 26.816376° and longitude -80.047573°; in North Palm Beach, Palm Beach County, Florida.

EXISTING CONDITIONS: The proposed project is located on the western side of Munyon Island of John D. MacArthur Beach State Park within Lake Worth Lagoon, which are tidal waters directly connected to the Intracoastal Waterway and the Atlantic Ocean. The island itself is approximately 45 acres in size with a variety of public access and recreational activities for visitors such as a marina and kayaking trails. The vegetation around and throughout the island is comprised of mangroves, seagrasses and other aquatic resources.

Benthic resource surveys have been conducted in 2022 and again on September 18, 2024 and the results indicated that seagrasses and mangroves are present.  Four (4) species of seagrasses and three (3) species of mangroves are present within and adjacent to the island.

A Department of the Army permit was issued March 27, 2006, for the existing docking structure northwest of the proposed project. A modification was issued in June 2011 to extend the previously issued permit to complete the proposed marina dock. There is no federal permitting for the existing boardwalk that is proposed to be removed and constructed.

PROJECT PURPOSE:

Basic: The basic purpose is to improve shoreline stabilization, recreation, and public use for an existing state park.

Overall:  The overall project purpose is to improve shoreline stabilization, recreation, and public use at the existing Munyon Island in Palm Beach County, Florida. 

PROPOSED WORK:  The applicant seeks authorization to improve conditions of a state park by removing an existing boardwalk, constructing a new boardwalk, and relocating soil from an existing kayak launch to the adjacent beach shoreline.

The project consists of the removal of the following:

an existing 2,640 square feet of derelict timber walkway and pedestrian bridge;

temporarily remove 375 square feet of grating from the existing breakwater for access to work and then remove rocks down to elevation -4.5 NAVD88;

trim 371 square feet of mangrove canopy and remove 3 mangroves within the footprint of the bridge/boardwalk construction;

an existing floating ramp within the marina;

an existing kayak portage. will be disassembled and removed

The applicant also seeks authorization to conduct the following activities:

Install a new 2,640 square foot 6-foot wide boardwalk where 687 square feet is above water MHWL;

Excavate approximately 500 cubic yards of the existing upland soil and relocating it to the escarped shoreline at a 3(H):1(V) slope, approximately 0.011-acres;

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

The impacts to the site have been minimized as much as possible. The bridge/boardwalk footprint was designed to use the existing openings in the mangrove shoreline of the Munyon Island creek and only impact the minimum number of trees to construct the new footprint. Within the project footprint approximately 373 square feet of mangroves; 2.22 square feet to be removed and 371 square feet to be trimmed, are proposed to be impacted. The existing bridge and kayak portage are beyond repair, and replacements are required. The placement of the cut material from the existing kayak portage will be approximately 20 feet landward from existing seagrass, as to avoid impacts to seagrass beds. The removal of the rocks from the rock crib will benefit the shoreline and create positive impacts to the Munyon Island western shoreline.

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

No impacts to wetlands or seagrass are anticipated therefore no mitigation is proposed. The removal of three (3) mangrove trees will not significantly damage the State Park’s extensive mangrove coverage along the shoreline of Munyon Island, therefore no mitigation is proposed for the removal of 3 trees.

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.

The Corps has determined the proposed project may affect but it not likely to adversely affect the West Indian Manatee (Trichechus manatus) and it’s designated critical habitat (DCH). The Corps evaluated potential project related effects to the manatee by using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, (Key) dated April 2013. Using the Key, A-B-C-D-G-N-O-P-Paragraph 5, resulted in a “May affect, not likely to adversely affect” determination.

The Corps has determined the project may affect but 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-C-D-couplet 1, which resulted in a “Not likely to adversely affect” (NLAA) determination.
 

The Corps has determined the project may affect but is not likely to adversely affect the Swimming Sea Turtles: Leatherback (Dermochelys coriacea), Loggerhead (Caretta caretta), Green (Chelonia mydas) and its DCH (proposed), Hawksbill (Eretmochelys imbricata), and Kemp’s Ridley (Lepidochelys kempii); Smalltooth sawfish (Pristis pectinata); North Atlantic Right Whale (Eubalaena glacialis); Queen Conch (Alger gigas), and the Giant Manta Ray (Mobula briostris). 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 374 square feet of mangrove habitat. 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 South Florida Water Management District (SFWMD).  

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from SFWMD. 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. 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 October 13, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Kaitlyn Mallett at Kaitlyn.M.Mallett@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Kaitlyn Mallett, 4400 PGA Blvd., Suite 500,  Palm Beach Gardens, FL 33426.  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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