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The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

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SAJ-2005-07911(SP-LCK)

Posted: 1/24/2018

Expiration date: 2/7/2018


TO WHOM IT MAY CONCERN:  This district 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: 

Fort Lauderdale Marina Partners, LLC

Attn: Joe Miller

33 Lockwood Drive,

Charleston, SC, 29401

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with dredging of tidally influenced water.  The project site is located in the South Fork of the New River adjacent to 1915 SW 21st Avenue, Ft. Lauderdale (Section 17, Township 50 South, Range 42 East), Broward County, Florida.

 

Directions to the site are as follows:  Take I-95 South toward Ft. Lauderdale and exit onto Davie Blvd West. Turn right onto SW 21st Ave. and keep left, following the road all the way south and the marina will be at the end of the road.

 

APPROXIMATE CENTRAL COORDINATES:         

Latitude     26.097641°

Longitude -80.170165°

 

PROJECT PURPOSE:

Basic:  The basic project purpose is to improve navigation to an existing multi-family residence.

Overall:  The basic project purpose is to improve navigation to an existing multi-family residence in Hillsboro Beach, Broward County Florida.

 

EXISTING CONDITIONS:  The existing marina has 90 existing wet slips and 362 dry slips, as well as 15,943 square feet of existing in-water structures. A benthic survey was conducted in May 2016, which stated that the area consisted mostly of silty muck that was devoid of seagrass or any submerged aquatic vegetation. Depth of the muck was found to be between two and four feet deep. 

 

PROJECT HISTORY:  The Corps issued a permit on April 10, 2007, that authorized to redevelop the Jackson Marine Center consisting of the following: (1) dredging approximately 21,346 cy of material from the existing 3.16-acre basin to a depth of -10 and -12 feet NGVD; (2) removing 11,975 square feet of docks currently providing 90 slips and constructing 20,865 square feet of new docks providing 15 slips (the overall number of slips will be reduce from 362 dry slips and 90 wet slips to 300 dry slips and 15 wet slips); (3) backfilling a 0.06-acre basin in the southwest corner of the site with approximately 1.068 cy of material; (4) excavating approximately 2,818 cy of upland material along the eastern property line; (5) relocating two existing boat launching slips; and (6 replacing 1,456 linear feet of seawall.

 

PROPOSED WORK:  The applicant seeks authorization to reconfigure an existing marina that will reduce the number of wet slips from 90 to 35.  The reconfiguration will also include the following activities:

 

1. Mechanical dredge approximately 93,176 square feet (11,345 cy) from an existing marina to a depth of -5' NGVD along the east basin section of the marina and to -8' NGVD along the western section of the basin and to -9’ NGVD in the center section of the marine basin;

 

2. Repair and replace 505 linear feet of seawall and cap, and install 515 linear feet of new and seawall and cap;

 

3. Backfill three areas (total of 10,664 square feet) (total of 2,895 cubic yards), in the existing boat basin: northwest, west and southwest corner with clean fill; 

 

4. Remove approximately 322 wood piles and install 72 wood piles, 22 steel piles and 102 concrete batter piles;

5. Reconfigure approximately 15,943 square feet of existing dockage to become approximately 7,988 square feet of dockage:

Description

Area (feet)

Square foot

Finger Pier -1

230 x 5

1,150

Finger Pier -2

130 x 8

1,040

Finger Pier -3

100 x 8

800

Finger Pier -4

100 x 8

800

Finger Pier -5

80 x 8

640

Finger Pier -6

80 x 8

640

Finger Pier -7

73 x 8

584

Finger Pier -8

93 x 8

744

Marginal dock-1

100 x 5

500

Marginal dock-2

80 x 5

400

Marginal dock-3

137.5 x 5

688.5

 

 The marina renovation is designed to accommodate up to 150 foot vessels with a maximum draft of 7.5’.

 

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: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: No impacts to submerged aquatic vegetation are proposed or anticipated. The applicant will adhere to the construction conditions for the manatee, swimming sea turtle and smalltooth sawfish. Employing the use of best management practices, including closed bucket mechanical excavators, vibratory equipment for pile installation and installing adequate depth turbidity curtains, re-suspension of sediments, disturbance and turbidity will be controlled through industry best management practices.

 

Compensatory Mitigation:  The applicant has provided the following explanation why compensatory mitigation should not be required:  No compensatory mitigation is required due to no proposed or anticipated impacts to submerged aquatic vegetation.

 

Endangered Species: The U.S. Army Corps of Engineers (Corps) has determined the project may affect, but is not likely to adversely affect the endangered West Indian manatee (Trichechus manatus), and would not adversely modify their designated critical habitat.   The Corps has receive programmatic concurrence with this determination and therefore, no further coordination with FWS is required for the above listed species pursuant to Section 7 of the Endangered Species Act.

 

The Corps has determined the proposed project may affect, but is not likely to adversely affect the threatened and endangered swimming sea turtles; loggerhead (Caretta caretta), green (Chelonia mydas), leatherback (Dermochelys coriacea), hawksbill (Eretmochelys imbricata), and Kemp's Ridley (Lepidochelys kempii), and the threatened smalltooth sawfish (Pristis pectinata) and would not adversely modify their designated critical habitat.  The Corps will request National Marine Fisheries Service concurrence with these determinations pursuant to Section 7 of the Endangered Species Act by separate letter. 

 

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 10,664 square feet of un-vegetated benthic habitat from the backfilling of existing basins, and approximately 16,772 square feet of un-vegetated benthic habitat from the removing or installation of structures.  The benthic habitat is 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 Regulatory Permits Section, 4400, Palm Beach Gardens within 15 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, Ms. Linda C. Knoeck at the letterhead address, by electronic mail at Linda.C.Knoeck@usace.army.mil, or by telephone at 561-472-3530.

 

ADDITIONAL INFORMATION:  After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time.  Final determination regarding legal action will be made after review of the project through the permit procedure. 

 

IMPACT ON NATURAL RESOURCES: 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.

 

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.

 

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 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 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.

Broward County Jacksonville District permit public notice U.S. Army Corps of Engineers USACE