Public Notice Notifications

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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-2004-10284 (SP-LCK)

Published July 3, 2017
Expiration date: 7/24/2017
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) as described below:

APPLICANT: Pier 66 Ventures LLC.
                      Attn: Jefferson Voss
                      9350 Conroy Windermere Road,
                      Windermere, FL 34786

WATERWAY AND LOCATION: The project is located within Mercedes River adjacent to the Intracoastal Waterway at Pier 66 Marina, 2301 SE 17th Street, Ft. Lauderdale (Section 13 Township 50 and South, Range 42 East), Broward County Florida.

Directions to the site are as follows: Take the 45th Street exit east in West Palm
Beach and continue east until you reach Dixie Highway. Turn right onto Dixie Highway and the property is approximately 0.12 miles on the right side of the road.

APPROXIMATE CENTRAL COORDINATES:

Latitude:     26.1026°
Longitude: -80.1159°

PROJECT PURPOSE:

Basic: The basic project purpose is to improve navigation of an existing commercial marina.

Overall: The overall project purpose is to improve navigation of an existing commercial marina in Broward County Florida.

EXISTING CONDITIONS: The project area is an existing commercial marina consisting primarily of concrete cap and seawall, as well as floating docks. A seagrass survey was conducted in August 2016. The benthic substrate contains sand, silt, and rock substrate w/ average depths of 12-feet. Three species of coral (Siderastrea radians, Carijoa riisei and Occulina diffusa), were located within the project area. All coral colonies present were observed primarily on the existing rocky substrate. The total number of coral colonies along the ICWW were estimated to be 183. The survey also identified the seagrass Halophilia decipiens in several locations within the project area (total of 70,137 square feet 5-35% coverage).

PROPOSED WORK: The applicant proposes to dredge approximately 194,598 square feet (14,513 cy) of material to a depth of -16.5-feet NAVD plus 2-feet over dredge.

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 proposes to relocate approximately 183 coral colonies that would be directly impacted by the proposed dredging. Turbidity curtains will be utilized as well as dredging BMP’s for water quality.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: The applicant has not proposed any compensatory mitigation for impacts to 50,118 square feet of seagrass. Corals located within the dredge footprint will be relocated.

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 proposal may affect but is not likely to adversely affect the West Indian Manatee or its designated critical habitat. The Corps evaluated potential project related effects to the manatee by using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, (Key) dated April 2013. Using the Key, A>B>C>G> N>O>P couplet 4, resulted in a “May Affect Not Likely to Adversely Affect” determination. The U.S. Fish and Wildlife has given programmatic concurrence with this determination and no further coordination 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) 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 project is anticipated to impact approximately 194,598 square feet of benthic substrate that contains approximately 184 corals and 70,137 square feet of seagrass habitat, utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. Dredging offshore shoal areas consisting of sand and shell may also affect managed species. Previously constructed artificial reefs have provided similar ecological functions and mitigate the proposed buried hardbottom. Our initial determination is that the proposed action would have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region. The Corps 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.

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 Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410, or by electronic mail at Linda.C.Knoeck@usace.army.mil or by telephone at (561) 472-3530 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, Linda C. Knoeck, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at Linda.C.Knoeck@usace.army.mil, or, by telephone at (561)472-3530.

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.