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: Loyca Property Owner, LLC
Attention: Patrick Campbell, Vice President
315 S. Biscayne Boulevard, 4th Floor
Miami, Florida 33131
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the New River. The project site is located at 335 SE 6th Avenue, in Section 10, Township 50 South, Range 42 East, Fort Lauderdale, Broward County, Florida.
Directions to the site are as follows: Take Interstate 95 to Broward Boulevard. Head
east on Broward Boulevard. Head south on Federal Highway. Head west on Las Olas
Boulevard. Project site will be on the south side.
APPROXIMATE CENTRAL COORDINATES:
Basic: The basic project purpose is for water access.
Overall: The overall project purpose is water access at 335 SE 6th Avenue, Fort Lauderdale, Florida.
EXISTING CONDITIONS AND PROJECT HISTORY: The project site is the existing Riverwalk pedestrian walkway that continues along the New River from in front of the historic Stranahan House to SE 5th Avenue. The Stranahan House is located on the upland property on the east side of the dock and there is a high rise apartment building with restaurants on the west side of the dock. The Corps issued a Department of the Army permit on July 14, 2016, that authorized the following:
(1) place fill in 62 square feet of mangrove wetlands (white and black mangroves) located landward of the existing dilapidated seawall,
(2) construct a 177-foot replacement seawall with a 3-foot cap located 1-foot waterward of the existing seawall wetface,
(3) install 200 cubic yards of riprap waterward of the proposed seawall,
(4) construct a 3,995-square-foot dock (14 feet wide as measured from the seawall wetface by 343 feet long)
The permit expired on July 13, 2021. All of the authorized work has been completed.
PROPOSED WORK: The applicant requests a modification to the existing permit to allow a change in use at a dock that was constructed to continue the Riverwalk pedestrian walkway to allow for establishing 4 transient boat slips at the existing dock.
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 is for the modification of use at an existing dock to allow for 4 transient slips. No in-water work is proposed; therefore, no impacts to the aquatic environment are proposed or expected.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required.
Because no loss of aquatic environment is proposed or expected, no compensatory mitigation plan is proposed.
The Corps is aware of recorded historic resources, the Stranahan House, within or adjacent to the permit area. The project would not require any additional work that would cause ground disturbance. 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, and if applicable those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
The U. S. Army Corps of Engineers (Corps) has determined the proposed project may affect, but not likely to adversely affect the threatened West Indian manatee (Trichechus manatus) and would not adversely modify 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, (the Key) dated April 2013, results in the following sequential determination: A-B-C-G-H-I-J-K-N-O-P, paragraph 3 “may affect, not likely to adversely affect.” Applicant will adhere to the “Manatee construction conditions.” The U. S. Fish and Wildlife Service (FWS) concurs with the Corps’ determination in accordance with 50 CFR 402.14(b) 1, and no further consultation with the FWS is required.
The existing authorization was previously coordinated with the National Marine Fisheries Service (NMFS) Protected Resources Division (PRD) The proposed modification does not require the Corps to re-initiate Section 7 consultation with NMFS PRD for listed species under their purview.
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 not include any in-water work. 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 is more than 100 feet away from the near bottom edge of the New River 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 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, 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, Paula Bratschi, in writing at the Pam Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida, 33410; by electronic mail at email@example.com ; or, by telephone at (561)472-3532.
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 1872.
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.