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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-1984-04606(SP-PWB)

Posted: 9/10/2018

Expiration date: 9/28/2018


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:      Derecktor Florida, Inc.

                           Kenneth Imondi

                           775 Taylor Lane

                           Dania Beach, Florida  33004

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Dania Cutoff Canal.  The project site is located adjacent to 775 Taylor Lane, in Section 35, Township 50 South, Range 42 East, Dania Beach, Broward County, Florida.

 

Directions to the site are as follows:  Follow I-95 to I-595 in Dania Beach.  Take the NE 7th Avenue edit; continue south on NE 7th Avenue for 1.4 miles to Taylor Lane; project site is on the left.

 

APPROXIMATE CENTRAL COORDINATES:          Latitude:              26.06048º

                                                                                  Longitude:           -80.13432º

 

PROJECT PURPOSE:

Basic:  The basic project purpose is to improve water access at an existing marina.

Overall:  The overall project purpose is to improve of water access at an existing marina located at 775 Taylor Lane, Dania Beach, Florida.

 

EXISTING CONDITIONS:  The project site consists of the Derecktor Florida Marina and Shipyard.  There are 74 commercial slips (33 wet/21 dry/20 trailer) along the Dania Cutoff Canal.  The existing area surrounding the project consist of other marinas and residential developments.  The marina is routinely maintenance dredged to maintain function.

 

PROPOSED WORK:  The applicant seeks authorization to perform the following activities:

1. Remove an existing 200T travel lift system, accessory pier and existing docks;

2. Install 175 linear feet of seawall and cap three to five feet water-ward of the existing seawall that includes eighteen (18) 18-inch batter-piles with approximately296 square feet (5,846 cubic yards) of backfill;

3. Install a 7-foot by 90-foot 200-T travel lift pier;

4. Install a combined 200-T/900-T travel lift pier (1,465 square feet);

5. Install a 35-foot by 15-foot extension to an existing 900-ton travel lift pier.

 

No change in the number of existing slips is proposed.

 

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 will adhere to the manatee construction conditions.  Turbidity curtains will be used during work and remain in place after work is completed until sediments settle.

 

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

 

The project site is located at an active commercial marina that is routinely dredged so no submerged resources are anticipated to be within the project area.  Impacts to marine resources are not anticipated; therefore, no mitigation is proposed.

 

CULTURAL RESOURCES:  The Corps is not aware of any known historic properties within the permit area.  By copy of this public notice, the Corps is providing information for review.  Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

 

ENDANGERED SPECIES:  The Corps has determined the proposed project may affect, but is not likely to adversely affect the threatened West Indian Manatee (Trichechus manatus) and would not adversely modify its designated critical habitat. Use of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, (the Key) dated April 2013, results in the following sequential determination:  A-B-C-G-N-O-P, paragraph 3 “may affect, not likely to adversely affect.”  Applicant will adhere to the “Manatee construction conditions.” The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination 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 swimming green, Kemp’s Ridley, and loggerhead sea turtles, (Chelonia mydas, Lepidochelys kempii, and Caretta caretta), and the Smalltooth sawfish (Pristis pectinata).  The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate correspondence.

 

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 0.09 acres of mud, shell, sand and rock 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 not 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, Paula Bratschi, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at paula.w.bratschi@usace.army.mil ; by facsimile transmission at (561)626-6971; or, by telephone at (561)472-3532.

 

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