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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: SHM South Fork, LLC.
805 Trione Street
Daphne, AL 36526
ATTN: Colby Cooper
WATERWAY AND LOCATION
The project is located within the South Fork of the New River adjacent to 1500 SW 17th St., Fort Lauderdale (Section 16, Township 50 S, Range 42 E) in Broward
Directions to the site are as follows: In Broward County exit I-95 at the SR-736 ramp (Exit 26) and continue east to Davie Blvd. From Davie Blvd, turn south on 17th Ave., west on SW 16th St., south on SW 18th Ave., and east on SW 17th St.
LATITUDE & LONGITUDE:
Basic: The basic project purpose is to improve water access.
Overall: The overall project purpose is to improved water access in the South Fork of the New River.
EXISTING CONDITIONS: The Project site consists of approximately 1.86 acres of submerged land within the South Fork of the New River. The shoreline consists of approximately 2,258 linear feet of concrete seawall and a previously existing multi-slip docking facility. The project was originally authorized in January, 2014 for the reconfiguration of an existing marina facility from 103 slips to 55 wet slips and included the following activities:
• Dredging of approximately 9,280 cubic yards to 10-feet MLW from the existing
south basin (65,273 square feet).
• Dredging of approximately 2,027 cubic yards to -10 feet MLW from the existing east basin (13,707 square feet).
• Excavation of approximately 20,042 cubic yards of uplands adjacent to the south basin (39,360 square feet). Uplands to the east of the south basin were dredged to -8 feet MLW and uplands west of the south basin were excavated to -10 feet MLW.
• Dredging of approximately 2,477 cubic yards to -8 feet MLW waterward of the
upland excavation located west of the south basin (36,025 square feet).
• Removal of 1,192 linear feet of existing concrete seawall and installation of 1,276 linear feet of concrete seawall with a 3-foot wide cap, within the excavated areas.
• Installation of 14,395 square feet of structures
The previous authorization expired on November 2018, prior to completion of the docks all other work has been completed.
PROPOSED WORK: The applicant has proposed to reconfigure the previously authorized 55-slip marina. The proposed reconfiguration will consist of the installation of 21,485 square feet of structures consisting of the following dimensions:
• (2) 5’x5’ concrete platform with (4) 4’x30’ access ramp
• (1) 5’x36’ access ramp
• (1) 74.1’x8.6’ floating finger pier
• (1) 58.1’x8.6’ floating finger pier
• (1) 50.1’x8.6’ floating finger pier
• (1) 44.1’x8.6’ floating finger pier
• (1) 39.1’x8.6’ floating finger pier
• (1) 110.7’x8.6’ floating finger pier
• (3) 103.7’x8.6’ floating finger pier
• (1) 106.7’x8.6’ floating finger pier
• (1) 107.7’x8.6’ floating finger pier
• (2) 108.7’x8.6’ floating finger pier
• (2) 109.7’x8.6’ floating finger pier
• (1) 101.7’x10.7’ floating finger pier
• (2) 115.7’x8.6’ floating finger pier
• (1) 263.2’x7.6’ floating marginal dock
• (1) 637.6’x7.6’ floating marginal dock
• (1) 62.5’x7.6’ floating marginal dock
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.
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:
A seagrass survey was performed June 12, 2012 and concluded that there was no submerged aquatic vegetation within the construction footprint. An updated seagrass survey was not required because the proposed project area was recently dredged in compliance with the previous authorization.
Compensatory Mitigation: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
No impacts to submerged aquatic vegetation are proposed or expected, therefore, no compensatory mitigation is required.
ENDANGERED SPECIES: The U.S. Army Corps of Engineers (Corps) has determined the project may affect but is not likely to adversely affect the endangered West Indian manatee (Trichechus manatus), or adversely modify its designated critical habitat. This determination is based on the use of the manatee key dated March 2013 resulting in the following sequence: A-B-C-G-H-I-J-K-N-O-P. Therefore, no further coordination pursuant to Section 7 of the Endangered Species Act with the U.S. Fish and Wildlife Service is necessary.
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 involves the installation of 23,907 square feet of docking structure. The benthic habitat is characterized as sand/silt bottom utilized by various life stages of utilized 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.
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. Patricia Clune, in writing at the Palm Beach Gardens Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410, by electronic mail at Patricia.R.Clune@usace.army.mil, by fax at (561)626-6971, or by telephone at (561)472-3537.
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.