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: Christopher Burke
800 Old Griffin Road, LLC
800 Old Griffin Road
Dania, Florida 33004
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Dania Cutoff Canal. The project site is located at 800 Old Griffin Road, Section 34, Township 50 South, Range 42 East, Dania Beach, Broward County, Florida.
Directions to the site are as follows: Take Interstate 95 to Exit 23 for FL-818/Griffin Road and travel east. Make a slight right onto Old Griffin Road. Travel 0.3 miles and make a right onto NW 3rd Terrace and project will be on the left.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.059377°
Longitude: -80.148514°
PROJECT PURPOSE:
Basic: Water access and community revitalization
Overall: Provide water access and expand the marine industry opportunities within Dania Beach, Broward County Florida.
EXISTING CONDITIONS: The wetland system consists of an estuarine system where the shoreline was recently cleared of all vegetation above the mean high water line (MHWL). An inwater benthic survey was not completed because salinities average around 10 parts per thousand (ppt) and there are known water quality issues in the area. The applicant described the substrate as rock and silt. There is no existing marina, seawall or other hard engineering structures along the shoreline. The upland and adjacent area include commercial buildings.
The upland parcels of the property have been selected as a portion adjacent to the Dania Cut Off Canal to redevelop the Old Griffin Road corridor to benefit the marine industry. The property is being developed as a full service marine center for storage, sales and service of vessels. The upland uses and dock uses have been approved by the City of Dania Beach. The docks will have permanent wet slips. The upland parcels will have a service building and office as well as a dry land storage lot for boats with permanent storage spots. In addition, there will be no transient slips. No water taxis, tour boats, gambling boats, etc. will utilize the proposed docks.
PROPOSED WORK: The applicant seeks authorization to create new 56-slip commercial marina within Dania Beach, including 36 wet slip and 20 upland storage slips. Specifically, activities include:
(1) install a 672 linear foot concrete seawall with an associated 36-inch-wide concrete seawall cap;
(2) install seventy (70) 12-inch concrete king piles and seventy (70) 12-inch concrete batter piles;
(3) install 672 linear feet of riprap to extend no more than four feet waterward of the proposed seawall (200 cubic yards);
(4) install a 5,267 square foot floating concrete dock;
(5) install two 5 foot by ten foot concrete platforms and each platform will have two 15 foot long by 4 foot wide access ramps attaching to the floating dock;
(6) install two 35-foot long by 18 foot wide platform boatlifts with wood decking in slips nos. 23 and 24; and
(7) dredge 29,310 square feet (0.67 acres) of the Dania Cutoff Canal within the proposed marina footprint to a depth of minus 7 feet mean low water (removal of 2,750 cubic yards). Dredging will be completed mechanically from a typical construction barge and placed in lined containers on the barge. Material will then be offloaded and temporarily stored within the uplands on the property for fill.
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 proposed project does not propose any impacts to seagrass or listed species and their habitats. All work shall only be conducted during daylight hours. Turbidity barriers and other erosion control devices will be used to control sedimentation during construction. All construction personnel will adhere to the Standard Manatee Conditions for In-Water Work, 2011 and the additional requirements listed in the 2019 addendum to the manatee key for mechanical dredging; and to the National Marine Fisheries Service’s (NMFS) Jacksonville Biological Opinion Project Design Criteria for In-water activities.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
No impacts to resources are proposed as there are none located within the project footprint; thus, mitigation should not be required. The vegetated shoreline does not contain any mangroves or wetlands and there are no benthic resources present.
CULTURAL RESOURCES: The Corps is aware of recorded historic resources within or adjacent to the permit area and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus); swimming sea turtles: (green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta)); smalltooth sawfish (Pristis pectinata); Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus); Eastern indigo snake (Drymarchon couperi); and wood stork (Mycteria americana). The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal may affect the West Indian manatee (Trichechus manatus) and its designated critical habitat. 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 results in a pathway of A-B-C-G-H-I-J-K, may affect, since the Corps has not received written concurrence that a review has been completed by the Florida Fish and Wildlife Conservation Commission (FWC) or the U.S. Fish and Wildlife Service (FWS) with the County’s State approved Manatee Protection Plan (MPP). The Corps will request initiation of consultation with the FWS pursuant to Section 7 of the Endangered Species Act by separate letter if concurrence from FWC cannot be obtained.
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 1.1 acres of mud, shell, sand and rock substrate 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.
SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would 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.
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, 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, Jerilyn Ashworth, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Jerilyn.Ashworth@usace.army.mil; or, by telephone at (561-412-5449).
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.
WATER QUALITY CERTIFICATION: This public notice serves as the notification to the EPA pursuant to section 401(a)(2) of the Clean Water Act. Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.
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.