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.


Published April 26, 2019
Expiration date: 5/17/2019
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: Broward County Board of County Commissioners
Port Everglades Seaport Engineering & Facilities Maintenance Division
Attn: John Foglesong
1850 Eller Drive
Ft. Lauderdale, FL 33316

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the widening of Slip 1 within Port Everglades adjacent to the Intracoastal Waterway (ICW) at the east end of intersection of Eisenhower Blvd and SE 24th Street, Hollywood (Section 23, Township 50 South, Range 42 East), Broward County Florida.

Directions to the site are as follows: From US1/Federal Highway, East onto SE 17th Street, right (South) onto Eisenhower Blvd., continue to Slip 1 located East of intersection of Eisenhower Blvd and SE 24th Street.

Latitude: 26.0925°
Longitude: -80.1220°


Basic: The basic project purpose is to improve waterside access to existing ship berths for continued petroleum off-loading capabilities and operations.

Overall: The overall project purpose is to improve safe waterside access to existing ship berths for continued petroleum off-loading capabilities and operations at slip 1 within Port Everglades, Ft. Lauderdale Broward County, Florida.

EXISTING CONDITIONS: Pier 1 measures approximately 1,200-feet by 506-feet and abuts Slip 1 that measures 1,200-feet by 298-feet. Slip 1 comprises of four berths, Berths 7 and 8 to the north and 9 and 10 to the south. Berth 11 is located along the eastern side of Pier 1. Slip 1 was originally constructed in the 1920’s. The existing bulkhead is constructed of steel sheet piles and has exceeded its design life and is in poor, but stable condition. Slip 1 measures approximately 1,200-feet long by 298-feet wide and is currently maintained to a dredge elevation of -44.3 feet NAVD 88 (-42 feet MLLW) plus a 2-foot overdredge allowance.

A coral and benthic survey was conducted in May 2017 for Slip 1 (Berths 9, 10 and 11). The survey concluded that no seagrass was present within the project footprint. A total of 67 stony corals colonies were observed, only 12 corals (Oculina spp., Rhizosmilia spp. and Porites spp.) were greater than 10 cm.

PROPOSED WORK: The applicant seeks authorization to widen Slip 1 at Port Everglades approximately 159-feet to the south by conducting the following activities:

1. Excavate and/or dredge approximately 350,000 CY of material from 4.4 acres of uplands to a depth of -44.3 feet NAVD 88 (-42 feet MLLW) (plus 2-foot over-dredge) for permittable depth of -46.3 feet NAVD 88 (-44 feet MLLW);
2. Remove approximately 2,500 CY of existing scour protection stone (24,000 SF) and 4,000 CY of bottom material (55,000 SF) at the toe of the existing bulkhead;
3. Remove approximately 1,360 linear feet of existing vertical, steel sheet pile and installation of approximately 1,390 linear feet of new vertical, steel sheet pile bulkhead in a new location;
4. To stabilize the new location of the northeast corner of Pier 1, the applicant proposes to dredge approximately 650 CY of bottom material (2,800 SF) to an approximate maximum depth of -60.7 feet NAVD 88 at the northeast of Pier 1, and replace the material removed with 1,000 CY of fill (filter stone and armor stone) (2,800 SF) at a 2:1 slope; and also install approximately 30 linear feet, of the 1,390 total, of new steel sheet pile bulkhead;
5. Excluding material to be removed by FDEP as part of the site remediation, excavated material would be short-term staged at either of two placement sites within Port Everglades. Material suitable for re-use would ultimately be re-used or be sold by the contractor and unsuitable materials would be disposed at an authorized disposal facility.

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: Best Management Practices for erosion and turbidity control shall be implemented and maintained at all times during construction to prevent siltation and turbid discharges in excess of state water quality standards. Turbidity curtains will be deployed as necessary to prevent sediment plumes from exceeding the standards. Turbidity curtains will surround the ongoing work footprint in the smallest footprint possible to minimize potential impacts to local navigation. Turbidity will be controlled via curtains and a Turbidity Control Monitoring Plan. Impacts to the aquatic environment will be minimized by installing the vast majority of the bulkhead upland. Conceptual, sequential demolition of the existing bulkhead, subject to the contractor’s preferred means and methods, would be to temporarily brace the existing wall with a temporary structure (e.g. sheet pile wall) located landward of existing bulkhead, excavate contaminated soils within upper 12 feet, slope excavation of remaining soil from temporary wall down to near dredge depth behind existing bulkhead. Divers will then perform cuts to remove existing pilings and concrete from the existing bulkhead and then the remainder of the submerged soils would be removed to complete the widening. All work is anticipated to be completed via a combination of upland and barge supported construction plant. Removal of contaminated soils and remediation of soil and groundwater will be conducted by an Agency Term Contractor contracted by the Florida Department of Environmental Protection (FDEP) in accordance with a FDEP approved Remedial Action Plan. Corals greater than 10 cm on the existing bulkhead will be relocated offshore.

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. However, the Corps has determined that the project may affect, but is not likely to adversely affect the manatee, given the specific avoidance and minimization measures proposed by the applicant The Corps will request informal 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 61,200 square feet of the existing bulkhead contains barnacles, flat encrusting sponges, bryozoans, hydrozoans, and stony/soft corals (total of 67 stony corals). Soft and hard corals were only located 4-feet below the bulkhead down to 23-feet below the MLW. The benthic habitat adjacent to the existing bulkhead is unvegetated mud, sand, shell and rock habitat utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. Because the applicant proposes to relocate the existing corals, the Corps has determined that 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; 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.