Public Notice Notifications

The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

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-2020-01138(SP-LCK)

Published June 30, 2020
Expiration date: 7/20/2020
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
Attn: Samantha Danchuk
115 South Andrews Ave.
Ft. Lauderdale, FL 33301

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the discharge of fill material along a total 7.3 miles (38,700 linear feet) of shoreline of Southern Broward County adjacent to the Atlantic Ocean. The beach activities are located within two reaches, along the shoreline of the Dr. Von D. Mizell-Eula Johnson State Park from FDEP R-85.7 to R-92 and in the Dania Hollywood/Hallandale area (HHD) from R-98.3 (Dania Beach Pier) to R-128 (Broward/Dade County line). (Section 01, 11, 12, 13, 23, 24, 25, 26, 36, Township 50/51 South, Range 42 East) Broward County, Florida.

Directions to the site are as follows: From Boca Raton (north of site) – Take I-95 south to exit #26 (toward I-595 E International Airport/Port Everglades). Traveling east proceed on (I-595E for 1.5 miles to exit #12A (toward US-1). Take exit #12A and proceed to merge onto US-1 toward Dania Beach, traveling south for 2.5 miles. Turn left on Florida A1A S/E Dania Beach Blvd and proceed east for two miles to N Beach Road. The project site lies in two sections along 7.3 miles of the Atlantic Ocean shoreline between Port Everglades Inlet and the Miami-Dade County line. The northern site is within the Dr. Von D. Mizell-Eula Johnson State Park from the Port Everglades south jetty to FDEP Coastal Monument R-94. The southern site lies between the Dania Beach Pier and the Miami-Dade County line betweenR-98.3 and R-128.

APPROXIMATE COORDINATES:
Location(s) Latitude Longitude FDEP Monuments Fill volumes
(~cubic yards)
Reach one: Dr. Von
D. Mizell-Eula
Johnson State Park 590,000
Fill placement
northern limit 26.092460° -80.107509° R-85.7
Fill placement
southern limit 26.075635° -80.110130° R-92

Reach 2: HHD 297,000
Fill placement
northern limit 26.058228° -80.111315° R-98.3
Fill placement
southern limit 25.974980° -80.118147° R-128


PROJECT PURPOSE:

Basic: The basic project purpose is shoreline stabilization.

Overall: The overall project purpose is to restore and maintain the shoreline along the Broward County Segment III shoreline in Southern Broward County.

EXISTING CONDITIONS: The most recent beach profile survey was conducted in November 2019, which serves as both the project planning and post-Hurricane Dorian condition survey. Nearshore multibeam and side-scan sonar surveys were conducted in October 2018. The northern project reach within Dr. Von D. Mizell-Eula Johnson State Park (Park) is highly eroded and has no natural input of sand. Port Everglades Inlet, located immediately north of the Park, constitutes a complete barrier to littoral drift along the Segment III shoreline. The southern project reach in Hollywood/Hallandale/Dania (HHD) is also subject to erosion. The entire Segment III shoreline lies along Critically Eroded Beach, as designated by the Florida Department of Environmental Protection. For project planning, an estimated 887,000 cy of beach fill will be required for the proposed project; however, updated fill quantities for the project will be determined by an immediate pre-construction survey.

Most of the native dune habitat throughout the 24-mile Broward County coastline is limited completely absent as a result of beach erosion, sea level rise and urban development. Dune vegetation found within the project area consists of predominantly sea oats, and other native species including sand bur, beach bean, beach morning glory, cucumberleaf sunflower, sea purslane, lantana, buttonwood, beach elder, inkberry, and seagrape.

Hardbottom edge surveys conducted by divers in 2001 and 2005 (pre-project), and biannual mapping surveys from 2014/2015 through 2019 were used to evaluate long-term variability in the location of the exposed hardbottom edge and develop a benthic habitat map for nearshore hardbottom within the 150-m turbidity mixing zone for the project. Landward of the 2005/06 project ETOF, there are approximately 1.3 acres of highly ephemeral hardbottom habitat, 7.8 acres of moderate ephemeral hardbottom, 1.3 acres of low ephemeral hardbottom, and 4.8 acres of persistent hardbottom. All 4.8 acres of persistent hardbottom landward of the 2005/06 ETOF are located within the Park (Reach one). All hardbottom landward of the 2005/06 ETOF was previously mitigated by construction of limestone boulder artificial reefs in 2003 (DA Permit No. SAJ-2002-02344 (IP-DEB).

There are three authorized Department of Army (DA) permits which authorize sand placement along portions of the proposed project: City of Hollywood Beach Interim project (SAJ-2010-00291), Hallandale Beach nourishment project (SAJ-2010-00195), and the Port Everglades Sand Bypassing Project (SAJ-2008-01034).

PROPOSED PROJECT: The applicant proposes to reauthorize an existing shore protection project (Broward County Segment III) that will replace approximately 887,000 cubic yards of compatible beach quality sand along two reaches (83.5 acres between the mean high water (MHW) and construction toe of fill). The applicant seeks a 15-year authorization with the ability to maintain the fill template with approximately 2-3 events within that time frame.

Reach one: Shoreline along Dr. Von D. Mizell-Eula Johnson State Park, and will place approximately 590,000 cubic yards of material along 6,250 linear feet of shoreline from R-85.7 to R-92. The construction template berm includes a “turtle-friendly” design with an upper berm elevation set at +8.4 feet NAVD88 with a high tolerance at +8.9 feet, that slopes down seaward at 1V:50H to +6.4 feet NAVD88, and thence features a seaward slope of 1V:10H that intersects the existing seabed. A dune along this reach will be constructed with approximately 25,000 cubic yards of material with a typical crest width of 8.0 feet, crest elevation of +12.4 feet NAVD88, and side-slopes of 1V:4H.

Reach two: Shoreline along Dania, Hollywood, and Hallandale Beaches, and will place approximately 297,000 cubic yards from R-98.3 to R-128. The construction template berm includes a “turtle-friendly” design with an upper berm elevation set at +5.4 feet NAVD88 and a high tolerance at +5.9 feet, that slopes down seaward at 1V:50H to +4.4 feet NAVD88, and thence features a seaward slope of 1V:10H that intersects the existing seabed. A dune along this reach will be constructed with approximately 30,000 cubic yards of material with a typical crest width of 8.0 feet, crest elevation of +8.4 feet NAVD88, and side-slopes of 1V:4H. The landward edge of the dune will tie into existing beach profile at +8.4 feet elevation and will not have a landward side-slope.

Beach compatible sand will be used from the following sources: approved commercial upland sand sources ((1)Vulcan – Witherspoon, (2) E.R. Jahna – Ortona, (3) Stewart – Immokalee, (4) ESG Companies – Garcia Farms, and (5) Stewart – Capron Trail)).

Sand will be transported to the project site by truck and offloaded directly onto the beach’s berm, above the mean high water line, within the Project area. Thereafter, sand will be moved alongshore by truck to the fill placement site and deposited within the permitted fill template. The sand will then be graded with bulldozers to the required construction elevations, lines, grades, and slopes. All sand placement activities will be completed using upland equipment, and no water-dependent equipment (e.g., dredges, pipelines, barges, etc.) will be utilized. All work will be conducted during daylight hours and no project lighting will be required.

PROJECT HISTORY: Comprehensive beach restoration along the Segment III shoreline began in 1971 with a local project in Hallandale Beach. Since that time, there have been numerous projects that have included sand placement along most of the Segment III shoreline. This includes Federal and non-Federal projects. Broward County is the local sponsor for the Federal project.

The project proposes to reauthorize placement of fill material within the exiting construction template for the project area as described and constructed in DA permit SAJ-1999-5545 (IP-SLN) dated July 16, 2004 to Broward County. The permit authorized the dredging of approximately 1.54 million cubic yards of sand from five offshore borrow areas to nourish 6.82 miles of beach from R-85.7 to R-92 and R-98.3 to R-128. The authorization also included installation of a spur connected to the south jetty of Port Everglades Inlet, installation of two T-head groins, and transplantation of stony corals greater than 15 cm in diameter from the impact areas to a designated 2.92-acre receiver site on mitigation artificial reef 7.

The permit required construction of 8.9 acres of limestone boulder artificial reef as mitigation for burial of 7.6 acres of nearshore hardbottom landward of the permitted ETOF. The mitigation plan also required transplantation of all stony corals ≥15 cm in diameter from hardbottom landward of the ETOF to the mitigation artificial reefs. The mitigation reefs were constructed from August to September 2003, approximately 20 months prior to the start of construction of the 2005-06 project. Broward County construct more artificial reef then was required. At the time of construction in 2003.Diver perimeter mapping of the mitigation artificial reefs conducted in 2019/20 documented 12.5 acres of limestone boulder artificial reef, an excess of 3.6 acres over permit requirements.

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 project is to restore and maintain the Federal design beach berm and advance nourishment for storm damage protection, recreation, and environmental habitat benefits. The project will renourish previously constructed portions of the shoreline where erosion has reduced the volume of fill and beach width.
The applicant stated the project was minimized to the maximum extent possible that would achieve their project purpose, and all practical efforts were made to minimize and avoid aquatic resource impacts. No impacts to submerged aquatic resources beyond what was already mitigated for are proposed or anticipated.

Turbidity will be monitored up to three times daily throughout construction. Elevated turbidity levels within the mixing zone will be temporary and minimal so no siltation should occur during fill placement due to the extremely low silt content of the upland mined sand (mean content of 0.1% to 0.3%).

An Biological Monitoring Plan (BMP) is currently under development. . During development of the benthic habitat map for the project, the applicant developed a line to represent the edge of the stable nearshore hardbottom community reflected by frequency of exposure and presence of mature reef biota. This line, referred to as the “Long-term Stable Nearshore Hardbottom Boundary” (LSNHB) represents the edge of hardbottom habitat where permanent cross-shore transects will be established in the BMP to evaluate potential project-related sedimentation and burial impacts to stable nearshore hardbottom seaward of the permitted ETOF.

COMPENSATORY MITIGATION: The applicant has provided the following explanation as to why compensatory mitigation should not be required: Sand placement is within a previously authorized fill template. The applicant stated the project will not result in any impacts to aquatic resource that would require additional compensatory mitigation. Since the project will replace only the sand volume deficit from the completed construction condition of the 2005-06 project, there will not be a net increase in the total beach volume beyond historical permitted levels. Hardbottom impacts landward of the 2005/2006 ETOF were previously mitigated by the construction of limestone boulder artificial reefs in 2003. Five years of post-project biological monitoring of the mitigation artificial reefs were conducted with the final monitoring event completed from August through October 2008.

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 the endangered and threatened nesting sea turtles (Chelonia mydas, Eretmochelys imbricate, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta, Lepidochelys olivacea), the threatened piping plover (Charadrius melodus), and the loggerhead designated terrestrial critical habitat Unit LOGG-T-FL-09. The Corps also determined that the project may affect but is not likely to adversely affect the threatened West Indian manatee (Trichechus manatus). The Corps has determined that the project is consistent with the Statewide Programmatic Biological Opinion (2015-SPBO, Service 2015), and the Programmatic Piping Plover Biological Opinion (P3BO, Service 2013). The Corps will request concurrence with this determination with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.

The Corps has determined that the proposal may affect but is not likely to adversely affect the smalltooth sawfish (Pristis pectinata), the Giant Manta Ray (Mobula birostris), endangered and threatened swimming Leatherback, Loggerhead, Green, Hawksbill, and Kemp’s Ridley sea turtles (Chelonia mydas, Eretmochelys imbricate, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta), and the threatened corals: Acropora cervicornis, A. palmata, Montastraea annularis, Montastraea faveolata, Montastraea franksi, Dendrogyra cylindrus, Mycetophyllia ferox, Dichocoenia stokes, and Agaricia lamarcki. The beach fill site and turbidity mixing zone at the Park (reach one) is within the Dania Beach Restricted Anchorage Area (RAA). The RAA was excluded from the critical habitat rule for Acroporid corals. There are 0.61 acres of critical habitat for Acroporid corals in the 150-m mixing zone in HHD that will be temporarily affected by minimal elevated turbidity levels during beach fill placement. Based on these factors, the Corps has determined that the project may affect but is not likely to adversely affect critical habitat for Acroporid coralsand the Loggerhead LOGG-N-19, Migratory, and Breeding designated critical habitat. The Corps will request concurrence with this determination with the National Marine Fisheries Service 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 would impact a total of approximately 419 acres of unconsolidated sand below the mean high water line seaward to the ETOF, and there are approximately 387 acres of unvegetated sand within the 150-m mixing zone. Landward of the 2005/06 project ETOF, there are approximately 1.3 acres of highly ephemeral hardbottom habitat, 7.8 acres of moderate ephemeral hardbottom, 1.3 acres of low ephemeral hardbottom, and 4.8 acres of persistent hardbottom. All 4.8 acres of persistent hardbottom landward of the 2005/06 ETOF are located within the Park (Reach one). All hardbottom landward of the 2005/06 ETOF was previously mitigated by construction of limestone boulder artificial reefs in 2003 (DA Permit No. SAJ-2002-02344 (IP-DEB). This 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 Corps 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. 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. The Corps will request concurrence with this determination with the National Marine Fisheries Service (NMFS) Protected Resource Division (PRD) pursuant to Section 7 of the Endangered Species Act by separate letter.

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 Palm Beach Gardens Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, 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 aquatic resources. 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 Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410, by electronic mail at Linda.C.Knoeck@usace.army.mil, by fax at (561)626-6971, or by telephone at (561)472-3531.

IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Service, 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat.

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 and 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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.

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.