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 Parks & Recreation
c/o Martin Gross
950 NW 38th Street
Oakland Park, FL 33687
WATERWAY AND LOCATION: The project would affect waters of the United States associated within the Intracoastal Waterway at 3601 North Ocean Drive within Section 1, Township 51 South, Range 40 East, Hollywood, Broward County, Florida.
Directions to the site are as follows: Take I-95 to exit 21 and proceed east on Sheridan Street for 3.1 miles. The project site is on either side of Sheridan Street approximately 0.1 miles before reaching South Ocean Drive.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.035617°
Longitude: -80.116236°
PROJECT PURPOSE:
Basic: The basic project purpose is to construct two mooring fields.
Overall: The overall project purpose is to construct two mooring fields in southern Broward County, Florida.
EXISTING CONDITIONS: The project area consists of two lagoon areas on either side of Sheridan Street in Hollywood, Florida. The northern project area is approximately 6 acres and features no existing structures. The southern project area is approximately 2.3 acres and also contains no existing structures. The shorelines of both basins contains a mixed of red and black mangroves. A benthic survey was completed on April 10, 2018.
In the southern lagoon, one species of seagrass, paddle grass (Halophila decipiens), was observed within the southern section of the survey area (Figure 2). Patches of H. decipiens were scattered along the shallow areas (<4’) adjacent to the northwestern and northeastern shorelines. Specifically, H. decipiens was observed starting at approximately 9’ from edge of canopy on the northwestern shoreline and increased to 13’ from canopy moving north. On the northeastern side of the basin, H. decipiens was observed 26’ from the canopy and 20’ south of the existing derelict barge. On the central eastern side of the basin, a long patch of H. decipiens was observed up until 30’ north of the existing dock on the adjacent property. At the southwestern extents of the survey area, H. decipiens was observed in dense patches, beginning at 10-15’ waterward of the mean high water line (MHWL) with 30-40% coverage.
In the northern lagoon, one species of seagrass, paddle grass (Halophila decipiens), was observed within the northern section of the survey area (Figure 2). Patches of H. decipiens were scattered along the shallow areas (<4’) adjacent to the shoreline. Specifically, small 5’x5’ patches and 3’x3’ patches were observed along the southern shoreline curve with sparse coverage (10-15%). A larger patch, 8’x16’, was observed in the central portion of the survey area along the eastern shoreline. A long patch of H. decipiens was observed on the eastern side of the basin, 22’ from the canopy line, and a dense patch begins approximately 34’ waterward of the northeastern seawall (30% coverage). Halophila decipiens was also observed in the north central portion of the basin, extending west towards the ICWW (10-20% coverage).
PROPOSED WORK: The applicant proposes construction of two mooring fields with a total of 28 slips. The proposed work will dredging of approximately 11,175 cubic yards of material from a 141,311 square feet area to a depth of -7 feet MLW, installation of 46 mooring balls with anchors, and construction of two floating docks totaling 1031 square feet. All dredging will be more than 10-feet from seagrass beds.
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:
Impacts to waters of the United States have been avoided and minimized to the greatest extent possible. The proposed dredging avoids all seagrass in the area and provides a 10 foot minimum buffer. Impact to mangroves is limited to trimming with no removal.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
Impacts to seagrasses have been avoided through the use of buffers and mangrove impacts have been reduced and will be limited to trimming. Therefore, no compensatory mitigation is proposed.
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, if applicable, those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES:
The project is within the range and consultation area of the American Crocodile (Crocodylus acutus), eastern indigo snake (Drymarchon corais couperi), Piping plover (Charadrius melodus), swimming sea turtles: [green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), and Loggerhead sea turtle (Caretta caretta)], smalltooth sawfish (Pristis pectinata) and wood stork (Mycteria americana).
• American Crocodile (Crocodylus acutus): The project is located in the species consultation area for the American Crocodile. This species is found primarily in mangrove swamps and along low-energy mangrove lined bays, creeks, and inland swamps. Nesting habitat can includes areas sandy shorelines or raised creek/canal banks adjacent to deep water. The project is located in two mangrove lined lagoons which may provide habitat for this species. However, the proposed work will not require alteration of the shoreline and the work in open waters would be temporary. The lagoons are currently utilized by numerous vessels for storage. Therefore, the Corps has determined this project may afftect, but is not likely to adversely affect the American crocodile.
• Eastern indigo snake: The project site consists of open water and adjacent uplands (approximately 1.75 acres). The upland staging and construction area may contain holes or cavities that could provide habitat for the eastern indigo snake. By use of the Eastern Indigo Snake Key dated 1 August 2017, the project results in a path of A-B-C-D-E, may affect but is not likely to adversely affect the eastern indigo snake provided the permit is conditioned such that all gopher tortoise burrows, active or inactive, be evacuated prior to site manipulation. With an outcome of “not likely to adversely affect (NLAA)” as outlined in the key, the requirements of Section 7 of the Endangered Species Act are fulfilled for the eastern indigo snake and no further action is required.
• Johnson’s seagrass and Johnson’s Critical Habitat: A benthic resource survey was conducted on April 10, 2018. Varying coverage of paddle grass (Halophila decipiens) was present throughout the project area, but no seagrass was present within the footprint of the proposed activities. All dredging and structures will avoid seagrass with a minimum of 10 feet. The project is not located in Johnson’s seagrass designated critical habitat. Therefore, the Corps has determined that the project would have no effect of Johnson’s seagrass and its designated critical habitat. An updated seagrass survey will be required to confirm the locations of resources within the project area.
• Piping Plover: The project is located within the species consultation area. Piping Plovers nest on coastal beaches, sandflats at the ends of sand spits and barrier islands, gently sloped foredunes, sparsely vegetated dunes, and washover areas cut into or between dunes. The project area consists only of an upland areas and the mangrove lined lagoon. There is no suitable habitat within the footprint of the proposed work. Based on the above information, the Corps has determined that the proposed work will have no effect on the piping plover.
• Swimming sea turtles, smalltooth sawfish: Work will occur in waters accessible to the swimming sea turtles and smalltooth sawfish. Smalltooth sawfish and swimming sea turtles may be affected by being unable to use an area for forage or refuge habitat due to potential avoidance of construction activities. Because these species are motile and likely to leave the area during construction, the risk of injury from this type of construction activity is insignificant. The applicant has also agreed to adhere to the JaxBO PDC’s for In-Water Activities. Disturbance from construction activities and related noise will be intermittent and only occur during the day for part of the construction period. Turbidity curtains will be used in the project area, will be removed upon project completion, and will not appreciably interfere with use of the area by listed species.
• West Indian Manatee: The project is located in and adjacent to waters accessible by the manatee. Use of The Corps of Engineers, Jacksonville District and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key) dated 25 April 2013 and the May 13, 2019 addendum results in a path of A-B-C-G-H-I-J-K-N-O-P (paragraph 1) May affect, not likely to adversely affect. The proposed work will result in the connection of a new slips in a county with a State Approve Manatee Protection Plan. However, the applicant has provided verification that the proposed work is consistent with the Broward County Manatee Protection Plan. The applicant has agreed to adhere to the standard manatee construction conditions during the in-water work.
• Wood stork: The action area is located within 18.6 miles of the nearest wood stork nesting colonies according the google earth RAR layers. According to the Habitat Management Guidelines for the Wood Stork in the Southeast Region, written by John C. Ogden, storks feed primarily on small fish between 1-8 inches in length. Suitable foraging sites are those where the water is between 2-15 inches deep. Suitable foraging habitat is not located in the project footprint because water depths are too deep for the wood stork foraging. Use of the key resulted in the following sequential determination: A (3), “no effect” for the wood stork.
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 3.25 acres of substrate and water column EFH utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. A benthic resource survey completed on April 10, 2018, showed varying coverage of paddle grass (Halophila decipiens) was present throughout the project area. However, no seagrass was present within the footprint of the proposed activities. 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.
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 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, Trey Fraley, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at robert.h.fraley@usace.army.mil, or, by telephone at (561) 472-3526.
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.