Public Notice Notifications

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.

SAJ-2021-02088(SP-LCK)

USACE Jacksonville Regulatory
Published Aug. 5, 2021
Expiration date: 8/26/2021
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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403).

APPLICANT:
Gateway Terrace II LP
Attn: Eleanor White
1943 NE 6th Court
Ft. Lauderdale, FL 33304

WATERWAY AND LOCATION: The project is located within Waters of the U.S. associated with the Middle River and the Karen Canal, adjacent to 1943 NE 6th Court, (Section 11, Township 50 South, Range 42 East), Ft. Lauderdale, Broward County, Florida.

Directions to the site are as follows: From I-95 South, take exit 29 for FL 8838/Sunrise Blvd., turn right onto E Sunrise Blvd., turn right onto NE 19th Ave., turn left onto Karen Drive and end at 1943 NE 6th Court

APPROXIMATE COORDINATES:
Latitude: 26.1315°
Longitude: -80.1184°

PROJECT PURPOSE:

Basic: The basic project purpose is to improve water access for a multi-family docking structure.

Overall: The overall project purpose is to improve water access for an existing multi-family docking structure at 1943 NE 6th Court, Broward County, Ft. Lauderdale, Florida.

EXISTING CONDITIONS: The site is an existing multi-family residential communitiy that contains eight (8) marginal wood docks (total 1,153 square feet) for eight slips. There is an existing coral seawall and concrete footer along the entire 1,258 linear foot shoreline. A seagrass survey was perfomed in June 2021 and found that the benthic community consisted of silt and oyster shells. Depths within the survey area varied form 1-12 feet. Three patches of paddle grass (Halophila decipiens) were observed througout the survey area. Paddle grass was observed on the northern portion of the property 20-50 feet waterward of the seawall. On the central portion of the property, paddle grass was located 20-50 feet waterward of the seawall. On the southern property, paddle grass was observed 20-30 feet waterward of the seawall.

PROPOSED WORK: The applicant requests to expand an existing multifamily residential docking facility from 8 slips to 21 slips by conducting the following activities:
1. Remove a total of eight (8) marginal wood docks (total 1,153 SF) and install an 8.5-foot by 1,150-foot marginal wood dock (total of 10,390 SF) with 124 (12-inch) concrete piles;
2. Remove concrete footer along existing seawall and repair and replace 1,258 linear feet concrete panel seawall within 18 inches of existing with a 3-foot wide concrete cap, 127 (12-inch) concrete king pilings, and 127 (12-inch) concrete batter piles;
3. Install 360 cubic yards of riprap within a 4,892 square foot area at a 2:1 slope that extends no more than 4 feet waterward of the wetface of the seawall.
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 avoided direct impacts to aquatic resources (i.e. seagrass). The applicant agrees to abide by the “Standard Manatee Conditions for In-Water Work” and National Marine Fisheries “Protected Species Construction Conditions.” Floating turbidity curtains would also be utilized during all in-water work and removed when the construction is completed.

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: The applicant has stated that compensatory mitigation is not required because no impacts to submerged aquatic vegetation and/or other aquatic resources (i.e. corals) are proposed or anticipated.

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 if applicable, 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. The U.S. Fish and Wildlife Service’s has given concurrence with this determination pursuant to Section 7 of the Endangered Species Act and no further consultation is required.

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). The Corps will request concurrence with our determinations with the National Marine Fisheries Service 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 project would shade approximately 10,390 square feet of un-vegetated benthic habitat through the shading of pile supported structure. 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. The project as proposed will not have a substantial adverse impact on EFH or federally managed fisheries based on the applicant’s implemented avoidance and minimization measures. Additionally, the area is an existing marina with structures and vessels that shade the benthic habitat. Seagrass is located adjacent to the project, but not in the location of the in-water work or in the location where shading is already occurring. 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, Palm Beach Gardens, FL 33410, within 30 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, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Palm Beach Gardens, FL 33410; by electronic mail at Linda.C.Knoeck@usace.army.mil; or by telephone at (561)472-3531.

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.