Palm Beach Island Beach Management Agreement

Florida Department of Environmental Protection

Updated 2021

Table of Contents Part I – BMA Main Agreement A) Threshold and Procedural Matters B) Agreement Overview C) Description of Agreement Area D) BMA Projects and Authorized Activities E) BMA Participant & Regulatory Agency Commitments F) Net Ecosystem Benefits G) Avoidance, Minimization and Mitigation H) Individual Project Approval Process for In-Water Activities I) Individual Project Approval Process for Dune Construction J) Preservation of Third Party Rights K) Term of Agreement L) Effective Date M) Notices N) Amendments and Updates O) Emergency Situations P) Termination/Exit Q) Venue and Severability R) Signatures

Part II – Appendices A) Project Drawings

1. Sand Transfer Plant

2. Mid-Town Nourishment

3. Phipps Ocean Park Nourishment

4. Dune Conditions

B) Cell-Wide Monitoring and Mitigation Plans

1. Hardbottom Monitoring Plan

2. Mitigation Plan

3. Marine Turtle Habitat Monitoring Plan (FWC)

4. Physical Monitoring and Reporting Plan

5. Historical Hardbottom Data and Analysis

6. Monitoring Summary

C) General Conditions

1. Dune Restoration

2. Nourishments, Sand Transfer, Groins, In Water Work

D) Project Specific Monitoring and Protection Conditions E) Permit History Table F) Individual Project Approval Checklists

1. Dunes

2. In-Water

3. BMA Fee

G) Outfall Data

A) Threshold and Procedural Matters

1. The Town of Palm Beach, Palm Beach County (Participants or BMA Participants) and the State of Florida Department of Environmental Protection (DEP or Department) and the

Florida Fish and Wildlife Conservation Commission (FWC) have agreed to enter into this

Palm Beach Island Beach Management Agreement (Agreement or BMA) to coordinate beach management activities within the Agreement Area defined in Article C.

2. This Agreement, including attachments and Appendices (collectively Agreement or

BMA), is entered into pursuant to the authority in sections 161.101, 403.061, and 403.0752, Florida Statutes (F.S.). This Agreement is binding on all BMA Participants. Department approvals issued pursuant to the Agreement will be subject to public notice, administrative hearing and decision-making procedures, and include points of entry for third parties at the time of Agreement and at Individual Project Approval (IPA), as set forth in the applicable provisions of state law and this Agreement.

3. The BMA process established herein coordinates the regulatory responsibilities of the

Department with other state and federal agencies, and with the interests of the BMA

Participants and the public in a streamlined program to protect the environment and to provide net ecosystem benefits pursuant to subsection 403.0752(2)(a), F.S.

4. This Agreement is intended to coordinate and facilitate flexible permitting for beach management and to achieve net ecosystem benefits and related public objectives for the area.

The BMA Participants and the Department acknowledge that the Agreement and the procedures and conditions for IPA set forth herein meet the substantive regulatory and proprietary criteria of Chapter 161, Chapter 253, Part IV Chapter 373, and Chapter 403, F.S., and the BMA Participants have provided reasonable assurance that the objectives and requirements of subsections 403.0752(1), (2), (3), and (4), F.S., are met.

5. The Agreement’s approach to authorizing projects and activities is centered on regional management of the coastal system rather than the conventional project-by-project permitting process. For this reason, the BMA will improve comprehensive coastal management and result in a net ecosystem benefits to the coastal system through cell-wide monitoring of resources, improved inlet bypassing, and efficient use of beach quality sand. In addition, the

Agreement is expected to generate a more cost-effective and efficient permitting process that will reduce the BMA Participants’ costs, time delays, and permitting uncertainty.

6. Subsection 403.0752(2), F.S., provides that the Department and regulated entities may enter into management agreements when the Department determines that:

a. Implementation of such an Agreement meets all the applicable standards and criteria, so that there is a net ecosystem benefit to the subject ecosystem more favorable than operation under applicable rules;

b. Entry into such an Agreement will not interfere with the Department’s obligations under any federally delegated or approved program;

c. Implementation of the Agreement will result in a reduction in overall risks to human health and the environment as compared to activities conducted in the absence of the

Agreement; and

d. The regulated entity has certified to the Department that it has in place internal environmental management systems or alternative internal controls sufficient to implement this Agreement.

The Department has determined that the requirements of subsection 403.0752(2), F.S., will be satisfied through implementation of this Agreement.

B) Agreement Overview

The primary goal of the BMA is to define mutually agreeable methods among the

Department, local municipalities, and stakeholders for coastal erosion control, natural community protection, and monitoring protocols in pursuit of regional management of Palm

Beach Island's coastal system, while providing net ecosystem benefits to the cell. Currently, beach erosion control and inlet management activities are regulated, project by project, through the Department’s Joint Coastal Permitting (JCP) Program. Beach erosion control activities, such as beach restoration and nourishment projects, require three forms of authorization: coastal construction permits (Chapter 161, F.S.), environmental resource permits (Part IV Chapter 373, F.S.), and proprietary authorization to use sovereign submerged lands (Chapters 253 and 258, F.S.). The JCP consolidates these authorizations into one permit and also serves as the final determination of consistency with Florida’s Coastal Zone Management Program (CZM) and water quality certification under the Clean Water Act.

The BMA Participants and Department initiated the Agreement to improve techniques for managing the sand resources and beach erosion within the Palm Beach Island coastal cell

(Agreement Area) defined in Article C. (See map in Article C for a general depiction of the area.) A primary goal of the Agreement is to develop a coordinated, long-term process that facilitates predictable approval of qualifying coastal erosion control and inlet management activities described herein. Ultimately, the Agreement is intended to facilitate regional management of the Palm Beach Island coastal cell through mutually agreeable methods for coastal erosion control, coastal ecosystem protection, and monitoring protocols.

This Agreement addresses State regulatory and proprietary approvals for managing the sand resources and beach erosion within the Agreement Area. It sets forth the procedures and criteria to be followed by the Department, the Florida Fish and Wildlife Conservation Commission

(FWC), and the BMA Participants for pre-application meetings and application submittal, review and approval for individual projects within the Agreement Area, as well as coordination with federal agencies and notice to the public. The Agreement also sets forth annual cell-wide requirements for the BMA Participants to monitor the movement of sand, sea turtle nesting, shorebird nesting, and exposure and burial of hardbottom and to perform aerial surveys.

Department staff reviewed the projects specifically described in Article D of the Agreement to determine consistency with the substantive requirements of Chapter 161, Chapter 253, Part IV

Chapter 373, and Chapter 403, F.S., and their implementing rules, and for dune restoration, Chapter 161, F.S., and its implementing rules. This review determined that cell-wide management of sand resources and beach erosion would result in net ecosystem benefits.

Prior to construction, individual projects must demonstrate compliance with the conditions of this Agreement under the IPA process set forth in Articles H & I. When conducted pursuant to the conditions of this Agreement, those projects and activities will meet or exceed the applicable substantive criteria of Chapter 161, Chapter 253, Part IV Chapter 373, and Chapter 403, F.S., and their implementing rules. This Agreement also constitutes certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C., and a finding of consistency with Florida’s Coastal Zone Management Program, as required by Section 307 of the

Coastal Zone Management Act (CZMA).

C) Description of Agreement Area

1. The Agreement Area is generally defined by the boundaries of the coastal cell located within the coastal system of Palm Beach Island, encompassing 15.7 miles of Atlantic Ocean shoreline, and covering 34.5% of the Palm Beach County Shoreline. The approximate shoreline length and critically eroded shoreline length for each municipality within the

Agreement Area are summarized in Table 1. Critical erosion shoreline lengths are also depicted in Figure 1 below.

Table 1: Shoreline Lengths and Critically Eroded Areas for Municipalities within the BMA

Palm Beach Island BMA Shoreline and % Critical Erosion Shoreline

Municipality Shoreline length Percent of BMA cell Length of Critically

Eroded Beach Town of Palm Beach 12.10 Miles 77.0 12.10 Miles

City of Lake Worth 0.26 Miles 1.6 0.11 Miles

Town of South Palm Beach 0.53 Miles 3.4 0.53 Miles

Town of Lantana 0.15 Miles 1.0 0.15 Miles

Town of Manalapan 2.66 Miles 17.0 0.14 Miles

BMA Length 15.70 Miles 100 13.03 miles

2. The specific boundaries of the Agreement Area, approximately 5,560 acres, are defined as follows:

a. On the North at the Sand Transfer Plant located on the Lake Worth Inlet north jetty including the expanded settling basin;

b. On the East at the -40.0’ NAVD 88 contour;

c. On the West at the landward extent of the crest of the significant dune or a seawall, (whichever occurs first); and,

d. On the South at an east/west line twenty-five feet north of the extended reach of the intake pipe on the South Lake Worth Inlet Sand Bypass facility on Palm Beach Island in

Manalapan.

Figure 1: Limits of the BMA Area

3. Shoreline Reach Designation

The Town of Palm Beach prepared comprehensive coastal management plans in 1986 and 1998, segmenting the Town’s shoreline into “reaches” in order to examine erosion problems and develop engineering plans for areas with similar coastal processes. The reaches remained more or less consistent for the past 25 years, with slight revisions. The

1998 revision expanded the reach concept from the southern limits of the Town to the southern limits of Palm Beach Island. More recently, the Town extended Reach 7 into the northern section of Reach 8, and now includes the Lake Worth Pier. This revision was proposed to reflect the Town’s evolving management strategies and is reflected in Table 2.

Table 2: Shoreline Reach Designation

Town of Palm Beach, Coastal Management Plan Location and Project Boundaries

Reach Physical Description DNR Location Length 1 Lake Worth Inlet R76 - R78+500’ * 2,875’

2 Onondaga Ave to El Mirasol R78+500’ - R90+400’ * 13,080’

3 El Mirasol to Via Bethesda (Breakers) R90+400’ – R95 5,710’

4 Via Bethesda to Banyan Road (Mid-Town) R95 – R102+300’ 7,995’

5 Banyan Road to Widener’s Curve R102+300’ – R110+100’ 8,961’

6 Widener’s Curve to Sloan’s Curve R110+100’ – R116+500’ 6,659’

7 Sloan’s Curve to Lake Worth Pier (Phipps Ocean Park and Kresler Park)

R116+500’ – R128+530’ 12,348’

8 Lake Worth Municipal Beach Pier to South Town Limits

R128+530’ – R134+135’ 6,970’

9 La Bonne Vie to Lantana Avenue T134+135’ - R137+400’ 3,523’

10 Lantana Avenue to Chillingsworth Curve T137+400’ - R145+740’ 8,478’

11 Chillingsworth Curve to South Lake Worth Inlet

R145+740’ - R151+300’ 5,433’

* For purposes of hardbottom delineation, Reach 1 extended from R76-R78, and Reach 2 extended from R78- R90+400’

D) BMA Projects and Authorized Activities

This Article defines the projects approved in the BMA, including consistency with the

Strategic Beach Management Plan, cell-wide sand specifications, and associated mixing zone variances for beach nourishment.

1. Consistency with Strategic Beach Management Plan for Listed and Future Projects

The Florida Legislature directs and provides funding to the Department to implement a comprehensive, statewide beach management plan for beach erosion control, beach restoration and beach nourishment, and inlet management activities. In accordance with section 161.161, F.S., the Department develops and maintains this plan for the restoration and maintenance of the state's critically eroded beaches and inlets. The Department last updated and adopted the Strategic Beach Management Plan on May 21, 2008. (A copy may be obtained at http://www.dep.state.fl.us/beaches/publications/index.htm). The Department’s adopted statewide Strategic Beach Management Plan strategies for the projects listed in

Article D are:

• Lake Worth Inlet Maintenance Dredging: bypass an average annual volume of

202,000 cubic yards of sand to the downdrift beaches south of the inlet; place all beach compatible material dredged during channel maintenance on downdrift beaches in areas of greatest need in Reach 1 and 2, and when feasible at the Mid-town and

Phipps Ocean Park projects;

• Lake Worth Inlet Sand Transfer Plant: extension of the discharge pipelines to increase bypassing efficiency with discharge points located at the south jetty, and approximately 1,000 feet and 2,500 feet south of the south jetty;

• Mid-Town Beach Nourishment Project: Maintain through monitoring and nourishment using sand from offshore and upland sources;

• Phipps Ocean Park Beach Nourishment Project: Maintain through monitoring and nourishment using sand from offshore and upland sources;

• Stockpiling of inlet or offshore dredged sand to be used in approved beach or dune projects.

• Dune and Backshore Berm Restoration and Maintenance: Consistent with adopted strategies to maintain nourishment projects.

• Groin rehabilitation: consistent with adopted strategy to maintain nourishments.

http://www.dep.state.fl.us/beaches/publications/index.htm

Pursuant to Rule 62B-41.008(1) (m), F.A.C., activities proposed for Department approval shall be accompanied by a demonstration of consistency with the adopted statewide Strategic

Beach Management Plan. Based on its evaluation of the projects listed in Article D, the

Department determined that the proposed activities are consistent with the strategies in the adopted plan.

Strategic Beach Management Strategies for Potential Future Projects

The Department’s adopted statewide Strategic Beach Management Plan strategy for proposed activities within the Agreement area that are not included in the projects listed in

Article D are:

• Lake Worth Inlet Maintenance Dredging:

o Reach 1 and 2: limitation of placement area to dry beach or swash zone.

o Reach 2: extension of the beach placement area for dredged material from the maintenance of the navigation channels at Lake Worth Inlet.

o Limitation of dredging operations within a half mile radius of the Florida

Power and Light Riviera Beach power plant discharge to occur outside of the

November 15- March 31 window, as a manatee impact minimization measure.

• Reach 8 South Beaches: construct restoration projects in environmentally suited areas.

• Central Palm Beach County Comprehensive Erosion Control Project (South Palm

Beach, Lantana, and Manalapan): Conduct dune restoration where feasible; complete feasibility study to determine environmentally acceptable designs for beach restoration.

The completion of feasibility/design studies and associated environmental impact statements for the Reach 2, Reach 8, and Central Palm Beach projects are consistent with the strategies in the adopted plan.

2. Cell-Wide Sand Quality Specification

Rule 62B-41.007(2) (j), F.A.C., requires that sand placed on the beach must be compatible with the sand currently existing on the beach. Fill material must maintain the general character and functionality of the material occurring on the beach. The Department and the BMA Participants agree that if fill material meets the criteria in Table 3, it will maintain the character and functionality of the material on the beach.

The Department has determined that the fill material identified in Article D-4 meets the criteria in Table 3 and will maintain the general character and functionality of the material occurring on the beaches in the Agreement Area. Therefore, the identified material may be used for placement on the beaches within the Agreement Area. Further, BMA Participants may use any borrow areas or upland sources identified for future projects or sediment placement events, as long as they meet the criteria in Table 3. Each sand placement activity will not exhaust an entire borrow area. Therefore, during the Individual Project Approval process, the BMA Participant proposing to construct a sand placement project will submit all details of the portion of the borrow source to be used for review. This will include computations of volume and composite fill material characteristics of that portion of the borrow area or upland sand source that will be used for the individual project.

The sediment from the borrow area(s) and upland sand source(s) is similar in Munsell color and grain size distribution to the material in the existing coastal system at the beach placement site. The Department and the Participants acknowledge that it is possible that discrete occurrences of non-beach compatible sediments may exist within the permitted borrow area(s) that do not comply with the limiting parameters of Rule 62B-41.007 (2) (j) 1.

– 5. F.A.C., or vary in Munsell color from the composite value. The compliance specifications take into account the variability of sediment on the native or existing beach, and are values which may reasonably be attained given what is known about the borrow area sediment. Beach fill material which falls outside of these limits will be considered unacceptable and subject to remediation.

Table 3: Sediment Compliance Specifications

Sediment Parameter Parameter Definition Compliance Value

Mean grain size Minimum and maximum values (Using moment method calculation)

0.25 mm to 0.60mm

Max. Silt Content passing #230 sieve 2%*

Max. Fine Gravel Content** retained on #4 sieve 5%

Munsell Color Value moist Value (chroma = 1) 6 or lighter

The beach fill material shall not contain construction debris, toxic material, other foreign matter, coarse gravel or rocks.

* Truck –hauled material is expected to have less than 2% silt content.

**Shell Content is used as the indicator of fine gravel content for the implementation of quality control/quality assurance procedures.

Two Sediment Quality Control / Quality Assurance (QC/QA) Plans (see Appendix D) have been developed for the BMA Projects. One covers procedures for the use of an offshore borrow area such as the ones described above. The other plan covers procedures for the use of an upland sand source. The selection of an offshore or upland sand source for beach nourishment and dune restoration and maintenance is at the discretion of the BMA

Participants.

3. Approved Projects

This Article identifies the projects and activities authorized by this Agreement. Any activities not listed here are not authorized under the BMA, but may be authorized by the conventional permitting procedures, or added to the BMA through amendment. Prior to construction, the Department will review the activities identified below for consistency with the Agreement including proprietary approval and associated mixing zone where necessary, through the IPA procedures as set forth in Articles H and I. The project drawings are provided in Appendix A.

a. Lake Worth Inlet Maintenance Dredging

The permitted activity is periodic maintenance dredging by the Army Corps of Engineers

(Permit # 0216012-001-JC) of the entire navigation-related complex at Palm Beach

Harbor/Lake Worth Inlet. This Agreement authorizes the Town of Palm Beach to become a co-applicant with the Army Corps of Engineers for the placement of beach quality sand from the dredging activity and to use the sand placement sites identified below. Prior to the use of the sand placement areas outside of Permit # 0216012-001-JC, the Town of Palm Beach must coordinate with the Army Corps of Engineers to modify the permit accordingly. Dredging is authorized for the following specifications:

Location Depth + Overdredge ( below MLW)

USACE Boundaries* (Approximate)

Settling Basin (Southern)

35 feet + 2 feet Rge (000 to -100), Stn (32.0 to 37.5)

Extended Settling Basin

35 feet + 2 feet Rge (-100 to -300), Stn (32.0 to 37.0)

Expanded Settling Basin

35 feet + 2 feet Rge (-300 to -800), Stn (32.0 to 37.5)

Entrance Channel (Outer)

35 feet + 2 feet Rge (000 to 400), Stn (25.0 to 30.0)

Entrance Channel (Main)

39 feet + 2 feet Rge (000 to 400), Stn (30.0 to 47.0)

Entrance Channel (Main)

37 feet + 2 feet Rge (000 to 400), Stn (47.0 to 56.0)

Inner Channel 33 feet + 2 feet Rge (000 to 400), Stn (56.0 to 86.0)

Turning Basin (Main) 33 feet + 2 feet Rge (-140 to 1600), PI Stn (-1.4 to 17.2)

Turning Basin (Northern)

25 feet + 1 foot Rge (-500 to 150), PI Stn (10.1 to 19.6)

* Reference from USACE plans. Rge interval = one foot, Stn interval = 100 feet.

Dredged material will be placed within the beach-nearshore template. The berm will have an elevation of approximately +8.7 feet (MLW), with a 1V:20H seaward slope.

Placement of material may begin immediately south of the south jetty and proceed in a southerly direction approximately 3,450 feet near FDEP reference monument R-80.35.

Additionally, two regulatory transects (R-80.5 and R-82) will be used for documenting potential impacts. If the authorized beach placement area immediately south of the Lake

Worth Inlet is filled, then beach-quality sand may be placed within the Mid-Town Beach or the Phipps Ocean Park nourishment template. Within the entrance channel (between

USACE Stations 25.0 and 56.0), shoals of less than 5,000 cubic yards may be transferred to deeper parts of the channel to temporarily alleviate navigational hazards. The construction activity will adhere to a Sediment Quality Control/Quality Assurance Plan that was approved by the Department on July 20, 2006. This Sediment QA/QC Plan is incorporated into the Agreement by reference.

b. Lake Worth Inlet Sand Transfer Plant

The Department authorizes improvements to the sand transfer plant owned by the

Town of Palm Beach at Lake Worth Inlet. The Department also authorizes the operation and maintenance of the sand transfer plant.

Construction improvements include a new pump house facility immediately adjacent to the existing bypass plant on the north jetty of the Lake Worth Inlet and the construction of an additional discharge pipeline. The new facility will house a booster pump for an additional pipeline to transport material from the north jetty approximately

4,500 feet south to an alternate discharge point near R-79 within Reach 2 in the Town of

Palm Beach (Figure 2). The Department authorizes the new pipeline to be directionally drilled beneath the inlet channel and remain below the sea bottom until it reaches a beach discharge structure anchored to pilings and enclosed in architectural formwork on the beach.

During the operation phase, the Department authorizes the bypassing of approximately 162,000 cubic yards of beach-quality sand per year to the beach on the south side of the inlet. Material discharge rates from the bypassing plant will be less than 5,000 cubic yards per day and on an intermittent basis as coastal littoral transport processes move sand to the intake pipe of the bypassing plant on the north jetty. The

Town of Palm Beach will utilize the two discharge pipelines as needed to maintain the beach in Reach 1 and Reach 2, and protect the shore-based discharge pipeline structure located immediately south of the inlet.

Figure 2: Sand Transfer Map – Second Discharge Location

c. Mid-Town Beach Nourishment Project

The Department authorizes periodic beach nourishment to maintain the beach restoration project located in the central portion of the Town of Palm Beach between

DEP Reference Monuments R-89 and R-102 (Reaches 3 and 4), and maintenance repairs to the eleven existing groins. In conjunction with this activity, the Department authorizes the construction and maintenance of one additional groin located at R-99.3 (Figure 3).

The beach fill design consists of a 25-foot wide design berm plus advance beach nourishment placed seaward of the design berm at an elevation of +9 feet NGVD for an average construction berm width of 180 feet. The beach construction berm is designed to a 1V:10H (vertical; horizontal) slope. The volumetric amount will be based on existing site conditions at the time of construction, but will not exceed the permitted template.

The Department authorizes the Town of Palm Beach to obtain beach compatible sand from offshore borrow areas as outlined in Article D-4. Alternatively, the Town of Palm

Beach may obtain beach compatible sand from an approved upland source consistent with the cell-wide sand specifications outlined in Article D-2 and truck-hauled to the beach through designated beach maintenance access sites. If beach compatible sand becomes available from the maintenance dredging of Lake Worth Inlet by the U.S. Army

Corps of Engineers described in Article D-3.a., it may also be used as fill material for the portion of this beach template located between reference monuments R-95+108 feet and

R-101.4.

The Department authorizes repairs and maintenance to the eleven groins constructed in conjunction with the 1995 beach restoration (DEP File # 50-273953-9 and

DBS9A0352-PB) not to exceed the parameters of the original design as shown in the approved plans and specifications. The groins are spaced approximately 325 feet apart on average and vary in length from 88 feet to 167 feet with a crest elevation at +6.0 feet

NGVD, toe at approximately -1.0 feet NGVD at the landward end and approximately -4.0 feet at the seaward end. In addition, the construction and maintenance of one additional groin is authorized near the south limits of the project area at Department Reference

Monument R-99.3. The authorized groin will be 98 feet long in the shore-normal direction and 12 feet wide at the crest. The sand placement described above will completely cover the groin.

Figure 3: Mid Town Project Map

d. Phipps Ocean Park Beach Nourishment Project

The Department authorizes periodic beach nourishment to maintain the beach restoration project located in the south portion of the Town of Palm Beach (Reach 7) between the Department Reference Monuments R-119 and R-125 and periodic placement of sand to maintain the restored dune in the northern portion of Reach 7, from R-116 to

R-119 (Figure 4). In addition, the Department authorizes beach restoration and periodic beach nourishment between monument R-125 and the northern boundary of the Lake

Worth Municipal Park at monument R-127 (northern segment of Reach 8). Construction and maintenance of these three contiguous segments may be conducted separately or together and material may be stockpiled on the berm between R-119 and R-126 to replenish the restored dune.

The beach fill design from R-119 to R-127, consists of a +9 feet NGVD berm elevation with an average construction berm width varying from 190 feet to 455 feet. The restored dune has a typical crest width of 25 feet at an elevation of +16 feet NGVD, with a 1V:3H slope down to the beach berm, except north of R-119 where the dune crest is

+10 feet. The volumetric amount will be based on existing site conditions at the time of construction, but will not exceed the permitted template.

The Department authorizes the Town of Palm Beach to obtain beach compatible sand from offshore borrow areas outlined in Article D-4, or any offshore source consistent with the cell-wide sand specifications in Article D-2. Alternatively, the Town of Palm

Beach may obtain beach compatible sand from an approved upland source consistent with the cell-wide sand specifications outlined in Article D-2 and truck-hauled to the beach through designated beach maintenance access sites.

The Phipps Ocean Park beach nourishment project includes periodic dune restoration south of the Lake Worth Pier in Reach 8. The dune-only portion, from R-129 to R-134

(within Reach 8), will be constructed to an elevation of +10 feet NAVD with a 1V:3H slope.

Figure 4: Phipps Ocean Park Project Map

e. Palm Beach Groin Rehabilitation

The BMA authorizes repair, rehabilitation, or removal of existing groins within the

Reaches 2, 4, 5, and 6, as described in the 2011 Coastal Structures Plan for the Town of

Palm Beach. The adaptive management strategy for this authorization includes revising the list of groins needing repair, rehabilitation, or removal, and updating the table below

(Table 4).

Table 4: Groin Repair, Rehabilitation, or Removal List (updated 2021)

Reach Structure ID R-Monument Remove Retain/Replace

G82084 R-80+700 Retain and replace G80897 R-81+800 Retain and replace G78292 R-83+700 Remove G77962 R-83+1050 Remove G77545 R-84+270 Remove G77332 R-84+500 Remove G77185 R-84+650 Remove G76093 R-85+775 Retain and replace G75452 R-86+500 Remove G75011 R-86+950 Remove G74650 R-87 Retain and replace G73655 R-88 Retain and replace G73522 R-88+100 Remove G73376 R-88+300 Retain and replace G73073 R-88+600 Retain and replace G72917 R-88+700 Remove G72800 R-88+875 Retain and replace G72663 R-89+75 Remove G72626 R-89+125 Remove G72535 R-89+200 Remove G72427 R-89+325 Remove G72426 R-89+325 Retain and replace G72010 R-89+750 Retain and replace G71894/G71637 R-89+850 to R-90 Remove G71633 R-90+50 Retain and replace

G71208 R-90+500 Retain and replace G71020 R-90+680 Remove G70910 R-90+800 Retain and replace G70845 R-90+870 Remove G70724 R-90+980 Remove

G70657 R-90+1050 Remove G70651 R-90+1060 Retain and replace G70620 R-90+1080 Remove G70451 R-91+100 Retain and replace G70324 R-91+250 Remove G70239 R-91+340 Remove G70221 R-91+360 Remove G70119 R91+450 Remove G70027 R-91+570 Retain and replace G69902 R-91+680 Remove G69813 R-91+770 Retain and replace G69567 R91+1025 Remove G69329 R-92+100 Remove G69097 R-92+350 Remove G68939 R-92+525 Remove G68803 R-92+630 Remove G68412 R-92+1030 Retain and replace G68194 R-93+50 Remove G67812 R-93+475 Remove

G60352 R-99+800 Retain and replace G59940 R-100+225 Retain and replace G59451 R-100+720 Retain and replace G59002 R-100+1150 Retain and replace G58554 R-101+400 Retain and replace

G57512 R-102+400 Retain and replace G57312 R-102+600 Retain and replace G57136 R-102+775 Retain and replace G56253 R-103+600 Retain and replace G54947 R-104+750 Retain and replace G54602 R-104+1100 Retain and replace G51896 R-107+190 Retain and replace G51225 R-108+35 Retain and replace G50946 R-108+300 Retain and replace G50601 R-108+650 Retain and replace G50249 R-108+1000 Retain and replace G49866 R-109+175 Retain and replace G49583 R-109+450 Retain and replace G49351 R-109+700 Retain and replace G49088 R-109+950 Retain and replace G48818 R-109+1225 Retain and replace G48688 R-110+40 Remove

G48015 R-110+700 Retain and replace G47636 R-111+100 Retain and replace A44411 R-114+150 Remove

Total 33 41

Notes:

1. R-monument reference locations are estimated from Google Earth.

2. The highlighted green structures were previously identified in the BMA.

3. Existing structures not listed above are assumed to be left in place.

4. Listed actions will be reaffirmed and adjusted based on the structure and beach conditions at the time of IPA application.

5. Additional structures may exist that could not be identified due to beach conditions at the time of inventory.

f. Dune and Backshore Berm Restoration and Maintenance

The Department authorizes the BMA Participants to construct artificial dunes within the Agreement Area as described below. Artificial dunes constructed in the Agreement

Area are intended to protect upland properties and to protect and enhance habitat. The

Department identified segments of shoreline within the Agreement Area with conditions suitable for the construction of sustainable dune features and developed procedures the

BMA Participants must follow to construct dunes on those shorelines. Implementation of this Article will not only meet the goals stated above, but also provide more efficient and predictable permitting of artificial dunes in the Agreement Area.

The Department identified four dune conditions, permittable by the BMA, based on aerial and visual inspection of existing dunes, armoring, beach widths and elevations within the Agreement Area (Figures 5 and 6). These areas are identified in Appendix A-

4. Condition 1 is excellent for dune restoration projects, having a wide and elevated back beach berm. Condition 1 shorelines contain the island’s best existing dune features.

Condition 2 is good or appropriate for dune projects, having a sufficiently wide back beach berm on which fill can be placed. These shorelines are often steep and armored and, for this reason, the sustainability of the dune feature is lower. Condition 2 dunes could be considered sacrificial, meaning dunes constructed in these locations will likely provide temporary relief from coastal erosion until persistent wave activity transports material from the template. Condition 3 is poor for dunes, as constructed dunes are likely not sustainable and are subject to erosion from high frequency storms. Condition 4 includes the dune and backshore berm designs for the Mid-Town and Phipps Ocean Park beach nourishment projects.

The BMA Participant may use an offshore borrow area to obtain beach compatible sand that is stockpiled during beach nourishment and then transported to the dune restoration site. Alternatively, beach compatible sand may be obtained from an approved upland sand source consistent with Article D-2. This would allow the placement of artificial dunes in new locations or the restriction of dune placement in others. Changes in areas authorized for dune placement will require a formal amendment of the

Agreement.

BMA Participants wishing to construct a dune must meet the criteria set forth in

Appendix D, and submit the information required in Appendix F-1. Before constructing a dune, the BMA Participant must follow the authorization procedures in Article I.

Figure 5: Current Cell-Wide Dune Conditions - North

Figure 6: Current Cell-Wide Dune Conditions – South

4. Approved Offshore Borrow Areas

Based upon the information and analysis provided by the applicant, the material to be excavated from the proposed borrow areas for placement in the beach project areas is expected to maintain the general character and functionality of the material occurring on the beach and in the adjacent dune and coastal system pursuant to Rule 62B41.007(2)(j), F.A.C.

All approved borrow areas include at least a 1000-foot buffer between the borrow area and any adjacent hardbottom.

a. North Borrow Area 1 (NBA1)

North Borrow Area 1 is a southward extension of the borrow area used for the 2009

Juno Beach Restoration Project and is located 1 to 2 miles north of Lake Worth Inlet in water depths between 40 and 60 feet approximately 2,500 feet offshore of Singer Island

(north of the Agreement Area; Figure 7). The coarsest material within this borrow area occurs along the offshore boundary. In general, the coarser material is a subsurface layer

5-10 feet thick under several feet of fine sand. The estimated 2.8 million cubic yards of material within NBA1 is based on a nominal cut thickness of 15 feet. Core composite values range from 0.25 to 0.31 mm with a composite value for NBA1 of 0.276 mm and silt content of less than 2%. Based on the data provided, the selected regions of the North

Borrow Area 1 contain beach compatible material.

Figure 7: Location Map North Borrow Area

b. South Borrow Area 2 (SBA2)

South Borrow Area 2 is adjacent to Reach 7 and Phipps Ocean Park between R-110 and R-120 in water depths of 24-36 feet between the first and second reef (Figure 8). The estimated volume of 1.68 million cubic yards is based on a nominal cut thickness of 10 feet. The cores collected show a mix of fine sand and shell fragments. Some of the cores contain coral or rock fragments. Although a few scattered rock fragments were found in the cores, the occurrence of the rock fragments was not extensive enough to identify continuous lenses or layers of rock rubble. Core composite values range from 0.21 to

0.36 mm with a composite value for SBA2 of 0.29 mm and silt content of approximately

1%.

c. South Borrow Area 3 (SBA3)

South Borrow Area 3 is adjacent to Reach 8 from Lake Worth Pier (South of R-128) to the city limits of the Town of Palm Beach (R-134) in water depths of 20-35 feet

(Figure 8). SBA3 is located landward of Borrow Area III (R-127 to R-130) and immediately adjacent to Borrow Area IV (R-132 to S of R-134) used for Phipps Ocean

Park permit. SBA3 is same location as Borrow Area V proposed for Reach 8, only with slightly modified boundaries. The estimated volume of 1.83 million cubic yards is based on a nominal cut depth of greater than 10 feet. The cores show a mix of fine sand and shell fragments, and some contain rock and coral fragments. Core composite values range from 0.17 to 0.33 mm with a composite value for SBA3 of 0.25 mm and silt content of approximately 1%. Based on the data provided, the majority of the South

Borrow Area 3 study area contains beach compatible material.

Figure 8: Location Map South Borrow Areas

5. Approved Mixing Zones

The Department hereby grants the BMA Participants a temporary mixing zone for each of the two beach nourishment projects. A mixing zone of 150 meters offshore and downdrift is authorized for the Mid-Town beach nourishment activities. A mixing zone of 1000 meters downdrift and 300 meters offshore for the nearshore and beach placement site for the Phipps

Ocean Park Project beach nourishment activity is authorized. This mixing zone shall only be valid during the construction activities authorized in this Agreement. BMA Participants must monitor the turbidity plume as described more fully in Appendix D.

E) BMA Participant & Regulatory Agency Commitments

1. The BMA Participants agree to the following commitments:

a. This Agreement is the sole mechanism to be used by the BMA Participants to obtain authorization to conduct the specific activities set forth in Article D within the Agreement

Area. Changes to the specific activities or other deviations from the terms of the

Agreement may require amendment of the Agreement as determined by the criteria set forth in Article N. Permits within the Agreement Area previously issued by the

Department to the BMA Participants remain valid until the expiration date. However, in the event permit conditions of existing permits conflict with the BMA permit conditions in Appendix D, the BMA permit conditions shall prevail.

b. By signing this BMA, each Participant has certified to the Department that it has in place internal environmental management systems or alternative internal controls sufficient to implement this Agreement.

c. The BMA Participants agree to administer the cell-wide monitoring and mitigation plans (for any new projects with impacts), as described in Appendix B.

d. The BMA Participants agree to fund the required cell-wide monitoring annually. Any funding strategies are allowable if agreed upon by the Participants.

e. The BMA Participants agree to annually report to the Department the amount of money spent to perform the projects identified in the Agreement and to comply with conditions of the Agreement.

f. The Town of Palm Beach agrees to reduce stormwater discharge onto the beach and dune system as described fully in Article F. Data from this effort shall be submitted to the Department on an annual basis no later than November 30 each calendar year until the 67 outfalls identified in Article F-4 are removed.

2. The Regulatory Agencies signing this Agreement agree to the following commitments:

a. Florida Department of Environmental Protection

i. Uphold the procedures of this BMA;

ii. Post annual cell-wide reports on the agency’s website and have data available to interested parties;

iii. Host annual meeting (virtual or in-person) with State and Federal Regulatory

Agencies for data review and adaptive management updates;

iv. Host annual meeting (virtual or in-person) with Participants and stakeholders to present the data collected from the monitoring effort; and,

v. Conduct the 5-year cell-wide hardbottom monitoring review, referenced in

Appendix B1-. Additionally, conduct post project regulatory review of Mid-Town

3-5 years following each nourishment event.

vi. Every five years the Department shall hold a public information-gathering forum to report on data collected to date through the BMA process and receive public comment on whether there is cause for the Agreement to be modified or terminated. Notice of such forum shall be published the Department’s BMA

Website (http://www.dep.state.fl.us/beaches/pb-bma/index.htm) and the Florida

Administrative Register at least fourteen (14)_days prior to the forum. Notice shall also be provided to the FWC, NMFS, USACE, FWS, and BMA Participants.

b. Florida Fish and Wildlife Conservation Commission (FWC)

i. By signing this document, the FWC does not abrogate its responsibilities under the Florida Constitution, Florida Statutes and Administrative Code Rules, for oversight and protection of public trust resources;

ii. The FWC agrees that it has conducted all the necessary evaluation to state that each activity approved in this Agreement in Article D is consistent with Florida’s

Coastal Zone Management Program and will not adversely affect the conservation of fish and wildlife, including endangered or threatened species or their habitats;

iii. The FWC agrees to review the annual turtle monitoring data and oversee the turtle monitoring protocols in the Agreement;

iv. The FWC agrees that additional review is necessary for new projects or amendments to the BMA that would affect wildlife;

v. The FWC agrees that additional evaluation of impacts to fish and wildlife and consideration of adaptive management options are necessary in the event that physical and biological monitoring reveals unanticipated impacts, or if additional species are listed in the Florida Administrative Code;

vi. The FWC agrees to provide appropriate representatives to participate in informal pre-application review meetings and Application Review Meetings identified in

Article H; and,

vii. The FWC agrees to conform to the timeframes set forth in this Agreement for

IPAs, Article H and I.

3. Regulatory agencies indicate their support of the BMA through submittal of a non-binding support letter. These regulatory agencies include: U.S. Army Corps of Engineers, http://www.dep.state.fl.us/beaches/pb-bma/index.htm

Regulatory Branch; and National Marine Fisheries Service (NMFS). The support letter indicates agreement with the following items:

i. Agree to use the same project-related regulatory data collected through the Cell-

Wide Hardbottom and Marine Turtle Monitoring Plans to perform their own independent permit evaluations.

ii. Agree to provide appropriate representatives to participate in informal pre-application review meetings and Application Review Meetings identified in

Article H.

iii. Agree to conform to the timeframes set forth in this Agreement for IPAs, Article

H.

F) Net Ecosystem Benefits

The Department determines and the BMA Participants acknowledge that the requirement to provide net ecosystem benefits to the Agreement Area provides ecosystem benefits more favorable than those that would be provided under current regulations. Net ecosystem benefits will be satisfied through implementation of this Agreement. The Department and BMA

Participants agree that implementation of the Agreement will result in the following net ecosystem benefits:

1. Improved Inlet Management

The BMA Participants agree to improve the transport of beach quality sand across Lake

Worth Inlet onto the eroding beaches located on the northern portion of Palm Beach Island.

The Florida Legislature recognizes that inlets interrupt or alter the natural drift of beach-quality sand resources. Fla. Stat. § 161.141(2). Accordingly, the Legislature found that it is in the public interest to replicate the natural drift of sand which is interrupted or altered by inlets.

The BMA Participants will collaboratively manage the sand placement from the inlet maintenance dredging conducted by the U.S. Army Corps of Engineers in order to better service the downdrift beaches in need of bypassed material, which will ultimately lead to more efficient and effective sand management. The groins in the BMA cell will also be rehabilitated in order to stabilize the beaches and maximize the amount of placed sand retained on erosive beaches. The BMA Participants will assess the best inlet and groin management options to better maintain the bypassing effort to the south of the inlet.

This is a Net Ecosystem Benefit because while the Town of Palm Beach is currently achieving its annual bypassing goals, maximum effectiveness of this bypassing is not being achieved. The BMA Participants are implementing a solution that will improve the stability of the beach dune system through more effective bypassing.

The Town of Palm Beach may provide additional net ecosystem benefits through improvements of the sand transfer plant. Currently there is a sand transfer plant located on the northern jetty of the Lake Worth Inlet operated by the Town of Palm Beach. This sand transfer plant hydraulically pumps sand from the wide southern portion of Town of Palm

Beach Shores onto the eroding northern portion of Palm Beach Island. While this effort has provided some relief to the northern eroding portion of Palm Beach Island, its function has not been completely successful. Currently, beach quality sand from north of the inlet is only placed in Reach 1 at R-76. This sand tends to build up in this location and not continue its flow to the south because the inlet navigation improvements shelter this location from waves and reduces littoral sediment transport. Despite sand bypassing from the transfer plant, historical physical monitoring documents accretion of beaches in Reach 1 and generally eroded beach conditions in Reach 2.

The Town of Palm Beach has been authorized to construct a new pump house facility immediately adjacent to the existing bypass plant on the north jetty of the Lake Worth Inlet and to construct an additional discharge pipeline. The new facility will house a booster pump for an additional pipeline to transport material from the north jetty approximately 4,500 feet south to an alternate discharge point near R-79 within Reach 2 in the Town of Palm Beach where sand is expected to continue its natural sand transport south. The improved sand transfer plant will result in fewer operational delays, as well as a greater area to bypass sand, thereby maximizing operational efficiency. These improvements will enhance the ability of the Town to transfer sand to the eroded beach and better replicate the littoral transport of sand from north to south.

2. Cell-Wide Biological Hardbottom and Physical Monitoring

The BMA Participants agree to implement annual cell-wide physical and biological monitoring of submerged hardbottom and a regular reporting of such findings. The BMA

Participants will follow agreed upon standard methodologies for data collection and analyses as described in Appendix B. The monitoring plans will meet the state and federal regulatory requirements for approved projects. This monitoring will also create a Net Ecosystem

Benefit by obtaining a more complete cell-wide understanding of hardbottom and sediment variability.

Implementation of this plan will result in more efficient and cost-effective management of hardbottom within the Agreement Area. Joint Coastal Permits issued through the

Department have typically required collection of physical and biological monitoring data within the immediate area of the permitted project. By implementing cell-wide monitoring, the BMA Participants and the Department will monitor the entire cell and gain a consistent and comprehensive assessment of project performance, as well as a better understanding of natural variation in the cell. The cell-wide biological monitoring will include specific transects typically utilized to determine project impacts within the monitoring program.

However, the cell-wide monitoring and reporting program will also establish predictable and systematic data collection methodologies over the entire cell and improve the evaluation of coastal resources over the long-term. With this information, the BMA Participants and the

Department will be able to adaptively manage the resources in the Agreement Area. The cell-wide approach will advance understanding of coastal ecosystems in general and improve the quality of recommendations to enhance protection strategies for hardbottom and marine turtle nesting habitats and other resources in this area and in other areas in the future.

The cell-wide physical and biological monitoring program will be implemented as described in Appendix B-1 and B-4. Any deviation, other than those described in the adaptive management section, from this methodology must be approved in advance through a formal amendment of the Agreement.

3. Cell-Wide Sea Turtle Monitoring

The BMA Participants agree to implement cell-wide monitoring of sea turtle nesting beaches on Palm Beach Island as part of the Agreement. The monitoring plans will meet the state and federal regulatory requirements for approved projects. This monitoring will also create a Net Ecosystem Benefit by obtaining a more complete cell-wide understanding of the variability of sea turtle nesting. Implementation of this plan will result in more defensible, efficient, and cost-effective management of sea turtles within the Agreement Area. Joint

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