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: City of Ft. Lauderdale
Attn: Lee Feldman
100 North Andrews Ave.
Ft. Lauderdale, FL 33316
WATERWAY AND LOCATION: The project would affect waters of the United States associated with an existing marina adjacent to the Intracoastal Waterway (ICW). The project is located at the existing Las Olas marina, adjacent to the ICW at 240 East Las Olas Circle and 300 Las Olas Circle Ft. Lauderdale (Section 12, Township 50 South, Range 42 East), offshore of Broward County Florida.
Directions to the site are as follows: Take I-95 South toward Ft. Lauderdale, take the Broward Blvd, East Exist and continue on Broward Blvd east then turn right onto Andrews Ave. Turn left on to Las Olas Blvd, cross the Intracoastal bridge, then turn left onto S. Birch Road, the marina will be on the left.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.1199°
Longitude: -80.1082°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve water access to an existing marina.
Overall: The overall project purpose is to improve water access to the existing Las Olas marina in Ft. Lauderdale, Florida.
EXISTING CONDITIONS: The project area consists of an existing 52 slip marina that contains two floating piers and four fixed piers (14,175 square feet) and a 1,625 linear foot seawall with riprap at the toe. A resource survey was conducted in August 2017. The substrate within the marina consists largely of barren, unconsolidated silty sand. One species of seagrass was observed during the survey, Halophila decipiens (less than 1% coverage) and was a single sprig. No scleractinian corals were observed on the existing bulkhead, pilings, or riprap boulders along the bulkhead.
Project History: The Corps issued a permit dated August 16, 1994, that authorized the City to remove the existing docking structures and construct a 52 slip municipal marina. The permit was modified on March 8, 2002, to expand the submerged land lease westward into the ICW right-of-way to accommodate additional mooring of vessels on the four existing T-shaped piers, allowing the additional mooring of eight vessels.
PROPOSED WORK: The applicant seeks authorization to renovate and expand an existing marina from 52 to 66 slips for vessels up to 150 feet with drafts up to 15 feet, by conducting the following activities:
1. Remove 550 linear feet of existing seawall, 108 mooring piles, and 14,175 square feet of existing fixed/floating docks;
2. Excavate 127,000 square feet (84,000 cy) of upland to create a marina basin with depths ranging from -8 to -14 feet MLLW;
3. Install 1,070 linear feet of new steel sheet pile seawall faced with 1,070 cy of limestone riprap at a 2:1 slope within 10 feet of the new seawall;
4. Dredge 410,800 square feet to depths of -8 to -17 feet MLLW;
5. Install 61,350 square feet of new floating docks;
6. Install 93 steel guide piles, and 55 timber mooring piles
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: No submerged aquatic vegetation will be impacted by the project except for one sprig of seagrass. Best management practices for turbidity and erosion control will be utilized during all demolition and construction activities to prevent turbidity in excess of 29 Nephelometric Turbidity Units (NTUs) above background levels outside of the approved mixing zone. Demolition will be conducted by barge, in stages, with turbidity barriers surrounding areas with active demolition activities. The turbidity barriers will be installed prior to commencement of demolition activities in each demolition zone and will remain in place and be relocated, as necessary, until dock structures and pilings have been removed and turbidity levels have returned to background levels. Erosion control devices will be installed around upland debris staging areas and on the barge. The barge will have a minimum of one foot clearance from the substrate when fully loaded.
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 those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES: Since the proposal by the applicant is for in-water construction, potential impacts to the threatened West Indian manatee (Trichechus manatus) were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Key). Use of this Key produced the sequential determination A-B (8)-may affect the West Indian manatee. The project is located within the manatee’s designated critical habitat, but the Corps has determined that the project would not adversely modify its critical habitat. The Corps will request formal consultation with U.S. Fish and Wildlife Service (FWS) pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the endangered smalltooth sawfish (Pristis pectinata), swimming sea turtles: the endangered green sea turtle (Chelonia mydas), the endangered hawksbill sea turtle (Eretmochelys imbricata), the endangered leatherback sea turtle (Dermochelys coriacea), the endangered Kemp’s ridley sea turtle (Lepidochelys kempii), and the threatened loggerhead sea turtle (Caretta caretta). The Corps will request concurrence with theses determinations from the National Marine Fisheries Service (NMFS), Protected Resources Division 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. Approximately 410,800 square feet of unvegetated mud, sand, shell and rock habitat will be impacted via dredging or the 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. 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. 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 Ms. Linda C. Knoeck Permits Section, 4400 PGA Boulevard, Palm Beach Gardens, FL 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, 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.