SAJ-1997-04016 (SP-MJW) Posted: 3/21/2013 Expi

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:

APPLICANT:           Seafarer Exploration Corp.

c/o Victor A. Silva

14497 N. Dale Mabry Hwy.

Suite 209 N

Tampa, Florida 33618

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Atlantic Ocean.   The project site is located approximately 552-feet offshore of South Palm Beach/Lantana. The site begins at the NW corner at Latitude 26.587°, Longitude: -80.035° running East to the NE corner at Latitude 26.587°, Longitude: -80.033°, then running south to SE corner at Latitude 26.585°, Longitude -80.033, then running West to the SW corner at Latitude 26.585°, Longitude: -80.036°, then running to the North to the point of the beginning.

Directions to the site are as follows: 1) From I-95, take exit 64 for 10th Avenue North. 2) Turn left onto 10th Avenue North. 3) Turn right onto US 1 South. 4) Turn left onto Lake Ave. 5) Turn right onto South Ocean Boulevard. 6) Turn left onto E. Ocean Drive, continue to the beach. There is a public access are located on the NE Corner of S. Ocean Boulevard and E Ocean Drive. The project is located approximately 240 feet to the east of this parking area.

APPROXIMATE CENTRAL COORDINATES:

Latitude:      26.586°

Longitude:   - 80.034°

PROJECT PURPOSE

Basic: The basic project purpose is for artifact excavation and recovery on the sea floor.

Overall:  The overall project purpose is for artifact excavation and recovery on the sea floor within a wreck site in Palm Beach County.

EXISTING CONDITIONS:  The proposed permit area consists of a saltwater system. The permit area includes a near shore portion of the Atlantic Ocean with barren, sandy bottom. Sand is located throughout the project area. According to the South East Florida Coral Reef Initiative, Land Based Sources of Pollution, Project 6, Palm Beach Benthic Habitat Maps, the area is mapped as unconsolidated sediment and does not contain hardbottom. According to Google Overlays developed to show hard bottom within Reach 7 and Reach 8, the area devoid of hard bottom habitat.

PROPOSED WORK:  The applicant proposes to conduct an archaeological site assessment, mapping, ground truthing, excavation and recovery of shipwreck artifacts. The mapping will consist of remote sensing of the permit area, delineation of the extent of the shipwreck and location of anomalies. The ground truthing, excavation, and recovery will involve the removal of sand from anomalies through one of the following methods: 1) removing the sand overburden by deflecting it out of the area with a column of water or 2) using a 6-inch airlift to suction the overburden sand out of the area.

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:

Hard bottom is not located within the project area. The applicant has adjusted the project area to the east to avoid hardbottom resources.

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

Hard bottom is not located within the project area, therefore no hardbottom impacts will occur.

CULTURAL RESOURCES: The Corps is aware of historic property/properties within or in close proximity of the permit area.  The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.

ENDANGERED SPECIES:  The Corps has determined the proposed project may affect, but is not likely to adversely affect the west Indian manatee (Trichechus manatus), and will have no effect on manatee designated critical habitat. The applicant will adhere to the FWS Manatee Construction Conditions for In-Water Work. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The U.S. Army Corps of Engineers (Corps) has determined the proposed project may affect, but is not likely to adversely affect the endangered small toothed sawfish (Pristis pectinata), or the endangered/threatened swimming seaturtles (Chelonia mydas, Eretmochelys imbricate, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta, Lepidochelys olivacea) or adversely modify its designated critical habitat. The project will have no effect on Acropora sp. or on Acropora sp. critical habitat. The Corps will request National Marine Fisheries Service's concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

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 23 acres of sand bottom 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 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.

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.

AUTHORIZATION FROM OTHER AGENCIES:  Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

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 Boulevard, Suite 500, Palm Beach Gardens, Florida 33410 within 21 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, Melody White, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florid 33410, by electronic mail at  Melody.J.White@usace.army.mil , by fax at (561) 626-6971, or by telephone at (561) 472-3508.

IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat.

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 of 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.

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 decision, comments are used to assess impacts on 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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

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.