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: David Pain
1622 Brickell Drive INC
2901 Leisure Island Way
Knoxville, TN 37914
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the New River. The project site is located at 1614 and 1622 Brickell Drive in Fort Lauderdale, Section 11, Township 50 South, Range 42 East, Broward County, Florida.
Directions to the site are as follows: From I-95N, take exit 26 onto FL-736/Davie Blvd. Turn right onto E Broward Blvd and then turn right onto SE 15th Ave. Turn left onto Brickell Drive and the destination will be on the right.
APPROXIMATE CENTRAL COORDINATES:
Basic: Water access
Overall: The overall project purpose is to improve water access at an existing single-family residence in Fort Lauderdale, Broward County, Florida.
EXISTING CONDITIONS: The project is located within the New River adjacent to two upland properties, 1614 Brickell Drive (parcel id: 504211012030) and 1622 Brickell Drive (parcel id: 504211012040). The applicant has purchased both properties and constructed a home on them to combine them into a single property known as 1622 Brickell Drive. There is an existing 206.5 linear foot seawall with a 3-foot-wide concrete cap.
PERMITTING HISTORY: The Florida Department of Environmental Protection (FDEP) issued federal authorization under the State Programmatic General Permit (SPGP) for the installation of a seawall, a marginal dock, a boatlift, and rip rap adjacent to the existing seawall on April 12, 2012 (File No. 06-0310343-001,002,003). The Corps authorized the installation of a new seawall and associated shoreline stabilization features and the removal of an existing dock (SAJ-2012-00554 (NWGP-VEK)) on November 14, 2019. FDEP issued federal authorization via SPGP for the installation of a new dock and floating vessel platform (06-378187-001-EG) on November 7, 2019. FDEP also issued federal authorization via SPGP for the placement of rip rap (06-0310343-007-EG) on March 19, 2020. Prior permitting efforts have confirmed that archaeological sites exist in the uplands of the property. Submerged aquatic resource surveys conducted January 14, 2019 and August 20, 2019 for prior permitting efforts confirm that water quality features in the area do not support the growth of seagrasses as no submerged aquatic vegetation was present on site.
The Corps was initially processing this application as a Letter of Permissions and distributed a coordination letter on October 4, 2021 with a 15 day public comment period. Due to concerns with cultural resources on site, the Corps is elevating the permit application to a Standard Permit subsequently re-issuing a public notice.
PROPOSED WORK: The applicant seeks authorization to improve water access at newly constructed residential home. Specifically, activities include:
1. Remove a 25 foot long by 3-foot-wide segment of seawall and mechanically excavate 354 cubic yards of sediment within a 1,067 square foot area to a depth of minus 5 mean low water (MLW) to create an upland cut boat notch;
2. Place 147.5 linear feet of steel sheet pile with a 3-foot-wide concrete cap;
3. Install a 31 foot by 16.25-foot boat lift platform; and
4. Mechanically dredge 51 cubic yards of submerged bottom within a 455 square foot area of the New River to a depth of minus 5 MLW.
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:
• Comply with JAXBO PDC’s for In-Water Activities, including the use of turbidity curtains.
• Comply with the Standard Manatee Conditions for In-Water Work – 2011
• Use of clean fill associated with the proposed sheet pile installation in the boat basin
• All work shall occur during daylight hours
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“No resources are present in the vicinity of the proposed project, nor are there primary constituent elements for seagrass growth and propagation, and thus no mitigation should be required.”
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); Giant Manta Ray (Mobula birostris); 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 by separate letter.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act of 1996. The proposal would impact approximately 965 square feet of barren submerged bottom 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 within 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: The proposed work is not located within the setback of a federal project. Furthermore, it will have no effect on the navigability of the adjacent 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.
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 15 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)472-3516.
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: Water Quality Certification is required from the Florida Department of Environmental Protection
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.