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 and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: CG Hillsboro Shores LLC
c/o Chetrit Joseph
2915 Biscayne Boulevard
Miami, Florida 33137
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Intracoastal Waterway. The project site is located at 1310 NE 27th Terrace, Pompano Beach (Section 29, Township 48 South, Range 43 East), Broward County, Florida.
Directions to the site are as follows: 1) Merge onto I-95 S toward MIAMI. 2) Take the SAMPLE RD/ SR-834 exit, EXIT 39. 3) Merge onto W SAMPLE RD/ FL-834 E/ NE 36TH ST via the ramp on the LEFT toward LIGHTHOUSE POINT. 4) Turn RIGHT onto N FEDERAL HWY/ US-1 S/ FL-5 S. 5) Turn LEFT onto NE 14TH ST/ NE 14TH ST CSWY/ FL-844 E. 6) Turn RIGHT onto NE 27TH TER. 7) End at 1310 NE 27th Terrace Pompano Beach, FL 33062-3817
APPROXIMATE CENTRAL COORDINATES:
Basic: The basic project purpose is to provide water access.
Overall: The overall project purpose is to expand an existing marina to provide for larger vessels within northern Broward County.
EXISTING CONDITIONS: The site is an existing commercial marina. The system consists of a saltwater system. The onsite vegetation consists of algae species with a mud, sand, shell, and rock bottom. The existing area surrounding the project area consists of the Intracoastal Waterway located to the north and residential development to the east, west and south. A resource survey was conducted June 8, 2021. The benthic community of the subject site consisted of silt, sand, crushed shell and rock. Depths within the survey area varied from 5’-10’, with depths increasing towards the center of the ICWW. No species of seagrass were observed within the survey area. Other resources observed within the survey area included floating sargassum (Sargassum sp.) and dictyota (Dictyota dichotoma).
PROPOSED WORK: The applicant seeks authorization to improve water access by conducting the following activities:
1) repair and replace 559-linear foot of existing seawall in the same footprint,
2) remove an existing 119-linear foot existing seawall,
3) excavate 684 cubic yards of existing uplands to install a new 117-linear foot seawall,
4) remove all existing wood docks (2891 sq ft) and construct new wood docks (1200 sq ft) with concrete piles, and
5) install 172 wood moorings.
The site is currently authorized for 25 slips, and no new slips are proposed including authorization for 25 slips under MFOL08-0162.
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 was previously authorized in 2008 under SAJ 2008-01563 and this request is a re-authorization of the same project. An updated resource survey conducted on June 8, 2021 revealed no resources occur within the footprint of the proposed project. Therefore, the project as proposed is considered the minimalist necessary to achieve the project purpose.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
No impacts to benthic resources are proposed, therefore no 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 those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the endangered small toothed sawfish (Pristis pectinata), or the endangered/threatened swimming sea turtles (Chelonia mydas, Eretmochelys imbricate, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta, Lepidochelys olivacea), the endangered West Indian manatee (Trichechus manatus) and will not adversely modify or destroy manatee designated critical habitat. The Corps will request U.S. Fish and Wildlife and National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.
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 0.04 acres of mud, shell, sand and rock bottom utilized by various life stages of penaeid shrimp complex, red drum, 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.
NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure varies in distance from the near bottom edge of the Intracoastal Waterway Federal channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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/has not] 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 Permits Section, 4400 PGA Boulevard, Suite 500, 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, Samantha L. Rice, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida, 33410; by electronic mail at Samantha.L.Rice@usace.army.mil; by facsimile transmission at (561)626-6971; or, by telephone at (561)472-3536.
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.
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.