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 July 30, 2019
Expiration date: 8/19/2019

TO WHOM IT MAY CONCERN:  This district 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:          Yachting Promotions Inc.

Attn: Ricardo Strul

1650 SE 17th Street, STE 412

Ft. Lauderdale, FL 33316

WATERWAY AND LOCATION:  The project is located on the Intracoastal Waterway and New River, in Fort Lauderdale (Sections 10/12, Township 50 South, Range 42 East), in Broward County at the following seven (7) locations:

  1. Bahia Mar Yachting Center, 801 Seabreeze Blvd.
  2. International Swimming Hall of Fame, 501 Seabreeze Blvd.
  3. Hyatt Regency Pier 66 Marina (north), 2301 SE 17th St.
  4. Las Olas Municipal Marina, 2400 Las Olas Circle.
  5. New location Pier 66 Marina (South), 2040 SE 17th St.
  6. New location: Hilton Marina, 1881 SE 17th St.
  7. Adjacent to Huizenga Plaza, 32 East Las Olas Blvd. (water taxi platform).

Directions to the site are as follows:  Take I-95 South toward Ft. Lauderdale and exit onto Davie Blvd West. Turn right onto SW 21st Ave. and keep left, following the road all the way south and the marinas will be at the end of the road.





Pier 66 Marina (north and south)




Bahia Mar Yachting Center



International Swimming Hall of Fame



Las Olas Municipal Marina



Hilton Marina





Basic:  The basic project purpose is to provide temporary increased water access.

Overall:  The overall project purpose is to provide temporary increased water access for the display of vessels for the Ft. Lauderdale boat show in Broward County Florida.

EXISTING CONDITIONS:  The project is located in and along the Intracoastal Waterway and the New River.  The area surrounding the project area consists of commercial developments and single family developments. Annual seagrass surveys have been conducted at the existing authorized sites and contain sand/silt/rubble substrate.  Seagrass (Halophila decipiens) is adjacent to the Pier 66 area and just south of The International Swimming Hall of Fame existing wooden dock. Recent benthic surveys at the proposed new locations; Hilton Marina and Sails Marina, contain sand/silt rubble habitat.

PROJECT HISTORY:  The Corps reauthorized the Department of Army permit for the installation of temporary structures on December 18, 2018. The permit expires on December 18, 2023. The existing permit authorizes the installation of 348,000 square feet of temporary floating structures creating up to 1,110 temporary slips. The existing permit authorizes a temporary realignment of the Intracoastal Waterway marked by buoys for the Fort Lauderdale International Boat Show to be constructed annually.

PROPOSED WORK:  The applicant seeks a modification to include two additional locations; Hilton Marina and Pier 66 South (Sails Marina) for the installation of temporary floating docks, anchored barge platforms, ramps, and pilings, for the Fort Lauderdale International Boat Show and associated water taxi service.  There will be an additional 11,050 SF of floating structures installed for a total of 359,050 SF. The vessels utilizing the floating structures will remain at the existing authorized number of 1,100.  The new proposed site Hilton Marina will contain a six (6) of the total slips, and the Sails Marina will contain ten (10) of the total slips. The installation of structure, the boat show, and the removal of structures shall not exceed 45 days.  The modified temporary structures are as follows:

Modified temporary floating structures




Floating Docks


10-foot by 10-foot   

Floating Docks


5-foot by 20-foot

Floating Docks


10-foot by 20-foot

Floating Docks


10-foot by 40-foot

Steel Barge


10-foot by 40-foot



10-foot by 22-foot by 4-foot

Steel Pilings 



Wood Pilings



Swing Bridge 


10-foot by 80-foot


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: Pre/Post seagrass surveys and summer surveys will be conducted in association with every boatshow event. Turbidity control devices will be installed to minimize direct and indirect water quality issues related to the turbidity from construction activities. The number of vessels are not increasing, over time, the vessels in the show have grown larger. Therefore, even though the show has grown in square footage, a single vessel is taking up more room than in the past.

Compensatory Mitigation:  The applicant has provided the following explanation why compensatory mitigation should not be required:  No compensatory mitigation is required because no proposed or anticipated impacts to submerged aquatic vegetation are proposed or anticipated. However, Pre-event and post-event seagrass surveys will be conducted within 30 days prior to the event and 30 days following the event.  The pre and post seagrass surveys and report shall be submitted to the Corps and National Marine Fisheries Service (NMFS) within 45 days of the breakdown of the show.  In addition, the applicant shall submit a third seagrass survey conducted between June 1 and September 30 to provide an accurate representation of the seagrass habitat at the boat show site.  The third seagrass report will be submitted no more than 30 days after the date of when the survey is conducted.  The survey shall adhere to the Recommendations for Sampling Johnson’s Seagrass at a Project Site.  In addition, the survey shall record spatial extent and location of impacts from pile installation and propeller wash. If the Corps and NMFS jointly determine that impacts to Essential Fish Habitat have occurred due to project activities, the applicant will be required to submit a complete compensatory mitigation plan that offsets the functional loss of the impact within 60 days from being notified by the Corps.  The plan shall be developed from the submitted contingency mitigation plan.  The compensatory mitigation plan will include the required information as stated in CFR 332.4 (c)(2) through (c)(14).   The compensatory mitigation will be required to be fulfilled within 30 days of the next scheduled Ft. Lauderdale boat show.

Endangered Species: The U.S. Army Corps of Engineers (Corps) has determined the project may affect, but is not likely to adversely affect the threatened West Indian manatee (Trichechus manatus), and would not adversely modify their designated critical habitat.   The Corps has receive previous concurrence with this determination and therefore, no further coordination with FWS is required for the above listed species pursuant to Section 7 of the Endangered Species Act.

     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 has received previous concurrence with this determination and therefore, no further coordination with NMFS is required for the above listed species 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.  Based on past surveys the proposal would temporarily shade approximately 359,050 SF of mostly un-vegetated benthic habitat.  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.  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.

NOTE:  This public notice is being issued based on information furnished by the applicant.  This information has been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program.

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 Regulatory Permits Section, 4400, Palm Beach Gardens within 15 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 at the letterhead address, by electronic mail at, or by telephone at 561-472-3531.

ADDITIONAL INFORMATION:  After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time.  Final determination regarding legal action will be made after review of the project through the permit procedure. 

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.