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-2017-00226(SP-PWB)

USACE Jacksonville District Regulatory
Published March 23, 2022
Expiration date: 4/23/2022
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: BSREP III Fort Lauderdale, LLC
Attention: Josh Castle
1997 Annapolis Exchange Pkwy., Suite 550
Annapolis, Maryland 21401

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Intracoastal Waterway and the Seminole River. The project site is located at 1887 SE 17th Street, in Section 14, Township 50 South, Range 42 East, Fort Lauderdale, Broward County, Florida.

Directions to the site are as follows: From I-95 take exit 26 for Davie Boulevard. Continue east for 2.0 miles. Turn south onto US Highway 1 South and continue for 0.5 miles. Turn east onto SE 17th Street and continue for 1.4 miles. The destination will be on the north side of SE 17th Street just west of the Intracoastal Waterway.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.10138°
Longitude: -80.12101°

PROJECT PURPOSE:

Basic: The basic project purpose is for shoreline stabilization and to improved water access.

Overall: The overall project purpose is for shoreline stabilization and to improved water access at 1887 SE 17th Street, Fort Lauderdale, Florida.

EXISTING CONDITIONS: The project is located within the Hilton Hotel marina basin and the Seminole River at the corner of the Seminole River and the Intracoastal Waterway. The project area contains approximately 1,600 linear feet of stabilized shoreline with 28 existing slips inside the basin and 5 slips on the outside shoreline of the marina within the Intracoastal Waterway.

PROPOSED WORK: The applicant seeks authorization for shoreline stabilization and to improve water access of an existing 32 slip marina by conducting the following activities (no increase in slips):
1. Remove eleven existing wooden piers (1,095 square feet total) and a 2,570 square foot wood dock.

2. Install 133.2 linear feet of sheet pile seawall with fifteen (15) 14-inch concrete batter piles within 1.5 feet of the existing seawall (wet-face to wet-face) along the Seminole River on the north side of the project and extend the existing concrete seawall cap an additional 3-feet wide.

3. Install 782.3 linear feet of 3-foot wide seawall cap over-pour and 80 batter piles to the existing seawall within the marina basin.

4. Construct a 2-foot by 91.3-foot (182.6 square feet) and a 2-foot by 46.2-foot (92.4 square feet) wood dock on the north end of the site and a 2-foot by 69.6-foot (139.2 square feet) wood dock on the south end with a total of 23 wood piles, (414 square feet total).

5. Construct a 2,464 square foot concrete dock with 32 (14-inch) concrete piles and 4 (16-inch) concrete piles with a 20-foot by 20-foot roof.

6. Construct Eight Floating docks in the approximate footprint of the existing piers:
• Two 6-foot by 40-foot- 240 x 2 = 480 square feet
• One 6-foot by 45-foot -270 square feet
• Three 6-foot by 50-foot- 300 square feet x 3 = 900 square feet
• One 6-foot by 55-foot- 330 square feet
• One 6-foot by 60-foot- 360 square feet
• Install eight 4-foot by 16-foot (64 square feet) access ramps (512 square feet total) with 30 wood piles to provide access to the floating docks from 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 will utilize turbidity curtains throughout the project area and limit piling installation to now more than 5 piles per day.

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

There are no wetlands within the project footprint. Therefore, no impacts to submerged aquatic vegetation or wetlands are proposed or anticipated and no compensatory mitigation should be required.

CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.

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 and the May 2019 addendum, results in the following sequential determination: A-B-C-G-N-O-P, paragraph 3 “may affect, not likely to adversely affect.” The applicant will adhere to the “Manatee Construction Conditions.” The Corps has received programmatic concurrence from the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act, no further coordination is required.

The Corps has determined the proposed project may affect but is not likely to adversely affect the Giant Manta Ray (Mobula birostris), 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 concurrence from National Marine Fisheries Service 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 9.84 acres of un-vegetated benthic habitat consisting of silt and 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.

NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 168.9 feet away from the near bottom edge of the Intracoastal Waterway Federal channel.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

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.

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 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, 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 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 1872.

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.

WATER QUALITY CERTIFICATION: This public notice serves as the notification to the EPA pursuant to section 401(a)(2) of the Clean Water Act. Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

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.