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: The City of Fort Lauderdale
c/o Mr. Thomas Lawrence
101 NE 3rd Avenue, Suite 1410
Fort Lauderdale, FL 33301
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the North Fork of the New River. The project site is located adjacent to North Fork Riverfront Park, 200 NW 18th Avenue, Fort Lauderdale, FL 33311 (Section 4, Township 50 South, Range 42 East, in Broward County, Florida.
Directions to the site are as follows: From I-95 S take exit 27 for FL-842/ Broward Blvd., turn left onto FL-842, turn left onto NW 18th Avenue, turn right onto NW 2nd Street, park is on the left.
APPROXIMATE CENTRAL COORDINATES:
Latitude 26.123448°
Longitude -80.164819°
PROJECT PURPOSE:
Basic: To restore and enhance an public park by creating water access, shoreline stabilization and public recreation.
Overall: To restore and enhance an public park by creating water access, shoreline stabilization and public recreation at North Fork Riverfront Park in Fort Lauderdale, FL.
EXISTING CONDITIONS: The site is a 2.05-acre park that consists of uplands and 1.20-acre mangrove wetlands along the tidal waters of the North Fork of the New River. The uplands consist of native canopy species including Cabbage palm (Sabal palmetto), Strangler fig (Ficus auera) and Dahoon holly (Ilex cassine). The wetland area contains obligate wetland vegetation, including white and red mangroves and hydric soils with standing water, serving as evidence of wetland hydrology. The southwestern portion of the site displays evidence of alteration, with an open grass area currently being maintained/mowed, and a small parking lot. The parcel is bordered by a parking lot to the south, a roadway to the west and the New River to the north and east.
PROPOSED WORK: The applicant seeks authorization to improve an existing public park by conducting the following activities:
1) remove 24,851 sq. ft. (0.57 acres) of existing mangroves and fill 6,242 sq. ft. (460 C.Y.) of those existing mangrove wetlands;
2) install 435.8 ln ft. seawall with a 3' cap (1.5' over water), forty five (45) concrete 12-inch king piles, forty five (45) concrete 12-inch batter piles;
3) install a 2,948 sq. ft. boardwalk with two (2) 576 sq. ft. viewing platforms with three hundred and two (302) wood 12-inch piles;
4) install a 2,365 sq. ft. sidewalk and 202 sq. ft. concrete pad;
5) install a 20’x5’ (100 sq. ft.) floating dock with two (2) wood 12-inch mooring piles;
6) install a 10’x6’ (60 sq. ft.) ramp;
7) install 338 sq. ft. (25 C.Y.) of riprap; and
8) dredge 261,000 sq. ft. (38,700 CY), to a depth of -7’ MLW or -9.04 NAVD.
The seawall cap will have a 1.5 ft. overhang M.H.W. creating 653.7 sq. ft. of over water structure. Total over water structure will be 4,853.7 sq. ft. (100 sq. ft. floating dock, 2,948 sq. ft. boardwalk, two (2) 576 sq. ft. viewing platform and 653.7 sq. ft. seawall cap overhang).
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:
Due to the nature and location of the wetlands, complete avoidance is not a viable alternative as the project would not be a financially feasible development. The proposed project is necessary to stabilize the shoreline and protect the site from encroaching sea level rise so that the community has future access to the water through this park. During the initial due diligence of the project development, the entire mangrove area (1.20 acre) was originally proposed to be filled/removed, now only a portion is proposed to be removed (0.57 acre). The remaining mangrove areas will be preserved and enhanced on site.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The mitigation plan includes a credit purchase of 0.395 saltwater credits from the Everglades Mitigation Bank for the unavoidable direct impacts of 0.57 acres of the existing mangrove wetlands.
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), Johnson’s seagrass (Halophila johnsonii), swimming sea turtles; Loggerhead (Caretta caretta), Green (Chelonia mydas) and Kemp’s Ridley (Lepidochelys kempii), the Smalltooth sawfish (Pristis pectinata), the Eastern Indigo snake (Drymarchon couperi) and no effect for the Everglades snail kite (Rostrhamus sociabilis plumbeus), the Florida Bonneted Bat (Eumops floridanus), and the 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 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 proposal would impact approximately 0.57 acres of mangroves and 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.
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.
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, FL, 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, Carolyn Farmer, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL, 33410; by electronic mail at carolyn.h.farmer@usace.army.mil; by facsimile transmission at (561) 472-6971; or, by telephone at (561) 472-3527.
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.
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.