Public Notice Notifications

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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.


USACE Jacksonville District Regulatory
Published March 21, 2022
Expiration date: 4/9/2022
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:

3470 North Miami Ave, Upper Suite
Miami, FL 33127


The project is located within the New River adjacent to 413 SW 3rd Avenue, (Section 10, Township 50 S, Range 42 E) Fort Lauderdale, in Broward County, Florida.

Directions to the site are as follows: In Broward County exit I-95 at the Broward Boulevard ramp (Exit 27) and continue east to SW 7th Avenue. Head south on SW 7th Avenue to SW 6th Street. Head east on SW 6th Street to SW 3rd Avenue and head north to the project site.

Latitude: 26.118282°
ongitude: -80.146621°


Basic: The basic project purpose is for the development of a multifamily/commercial building with water access.

Overall: The overall project purpose is for the development of a multifamily/commercial building with water access located within the New River adjacent to 413 SW 3rd Avenue, Fort Lauderdale, in Broward County, Florida.

EXISTING CONDITIONS: The Project site consists of approximately 1.54 acres of upland and submerged land along the New River. The site is an existing commercial marina that is currently serving as the Water Taxi marina. The existing conditions include ±527 linear feet of concrete panel seawall that is to remain, an existing 6,587 square foot boat basin, a ±159 square foot concrete finger pier and a ±2,965 ft² wood dock. A seagrass survey was performed on September 22, 2021, and no aquatic resources were found in the project area.

PROPOSED WORK: The applicant proposes to conduct the following activities to create an eleven (11) slip multi-family/commercial docking facility:

1. Remove the existing 159 square foot concrete pier and 2,965 square foot wood dock,
2. Install 348 linear feet of sheet pile seawall with batter piles 36 concrete batter piles (12” diameter) and a 3.5-foot concrete cap;
3. Backfill the existing 6,587 square foot boat basin (1,230 cubic yards);
4. Install an approximate 5-foot by 322-foot (1,612 square foot) marginal concrete dock with 36 concrete piles (12” diameter).

CULTURAL RESOURCES: The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. Due to the project area having been extensively modified by previous work; historic properties that may have at one time existed within the permit area may be presumed to have been lost unless specific information indicates the presence of such. Hence, the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties.

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:

All construction will be conducted from a construction barge or from uplands. Turbidity barriers will be installed prior to commencement of any in water work, using the smallest footprint possible to minimize impediments to navigation. The proposed sheetpile will be installed prior to the backfilling of the basin to limit any potential turbidity. No impacts to submerged aquatic resources are proposed or anticipated. Due to the location and size of the basin, debris and trash are able to accumulate within the basin, which results in poor water quality.

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.

The Corps has determined the proposed project may affect, but is not likely to adversely affect the endangered smalltooth sawfish (Pristis pectinata), Giant Manta Ray (Mobula birostris), swimming sea turtles: the endangered green sea turtle (Chelonia mydas), the endangered hawksbill sea turtle (Eretmochelys imbricata), the endangered leatherback sea turtle (Dermochelys coriacea), the endangered Kemp’s ridley sea turtle (Lepidochelys kempii), and the threatened loggerhead sea turtle (Caretta caretta). Since these species are motile and likely to leave the area during construction, the risk of injury from this type of construction activity is minimal. The Corps will evaluate the proposed work utilizing National Marine Fisheries Service’s Jacksonville District’s Programmatic Biological Opinion (JaxBO) dated 20 November 2017.

The Corps has determined the proposal would have no effect on any other federally 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 involves the filling of a 6,587 square foot upland cut basin and the installation of 1,612 square foot marginal dock within un-vegetated benthic habitat. 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 with the National Marine Fisheries Service.

NAVIGATION: Based on the Florida State Plane coordinates the project does not encroach into the Intracoastal Waterway Federal channel.

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 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, by fax at (561)626-6971, or by telephone at (561) 768-5944.

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.