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: City of Pompano Beach
℅ Anthony Alhashemi
1201 NE 5th Avenue
Pompano Beach, FL 33060
WATERWAY AND LOCATION: The project would affect waters of the United States
associated within the Caliban Canal and the Intracoastal Waterway at 2901 NE 14th Street, Pompano Beach (Section 30, Township 48 South, Range 43 East), Broward County, Florida.
Directions to the site are as follows: I-95 to West Copans Road, east. South on US-1, east on Northeast 14th street.
APPROXIMATE CENTRAL COORDINATES: Latitude: 26.251962°
Basic: The basic project purpose is to improve navigation and shoreline protection for a public boat ramp.
Overall: The overall project purpose is to improve navigation and shoreline protection for a public boat ramp at 2901 NE 14th Street, Pompano Beach, Florida.
EXISTING CONDITIONS: The upland property is a municipal park and boat launch that has three (3) boat ramps, 347 linear feet of seawall with a 2-3 feet wide cap, and a 1,732 square foot marginal dock. A benthic resource was completed in June and indicated no submerged aquatic vegetation within the project area.
The Corps issued a permit dated June 12, 2014, that authorized the excavation of an approximate 3,300 square feet upland boat launch, and seawall installation but was never completed. The Corps also issued a nationwide permit dated December 10, 2019 for the replace an existing 5-foot by 347-foot marginal dock within the same footprint; and (2) repair and replace an existing 347 linear foot seawall within 18
inches of the existing wetface.
PROPOSED WORK: The applicant seeks authorization to improve navigation for a public boat ramp by:
Demolition of the existing 347 linear feet seawall, 267 feet by 2 feet cap, 80 feet by 3 feet cap, and 347 feet by 5 feet marginal dock;
Installation of a 386 linear feet seawall no further than 18 inches of the existing seawall (wetface to wetface) with a 3 feet wide cap;
Installation of 198 linear feet of riprap (50 cubic( yards) (1,000 square feet) within within the Caliban Canal at a 1V:2H slope;;
Removal and replacement of 3 cubic yards of riprap within the Intracoastal Waterway;
Installation of a 5-foot by 90-foot fixed dock west of the basin, a 9.5-foot by 40-foot floating dock with gangways inside the basin and a 5-foot by 150-foot floating dock east of the basin (total 1,820 square feet);
Excavation of a 48 feet by 5 feet basin (45 cubic yards) waterward of the existing seawall.
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 applicant will utilize Best Management Practices at all times during demolition and construction activities. The seawall will be constructed no further waterward than 18 inches of the existing wetface.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
Compensatory mitigation should not be required because no adverse impacts will result from the proposed project. The proposed project does not result in a significant loss of waters of the United States.
CULTURAL RESOURCES: The Corps 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 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 and the May 2019 addendum, results in the following sequential determination: A-B-C-G-N-O-P, paragraph 3 “may affect, not likely to adversely affect.” The applicant will adhere to the “Manatee Construction Conditions.” The Corps has received programmatic concurrence from the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act, no further coordination is required.
The Corps has determined the proposed project may affect but is not likely to adversely affect the Giant Manta Ray (Mobula birostris), swimming green, Kemp’s Ridley, and loggerhead sea turtles, (Chelonia mydas, Lepidochelys kempii, and Caretta caretta), and the Smalltooth sawfish (Pristis pectinata). The Corps will request concurrence from National Marine Fisheries Service 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 0.05 acres of un-vegetated benthic habitat consisting of sand, silt and shell 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.
Navigation: Based on the project drawings provided by the applicant, the waterward edge of the proposed structure is 111 feet away from the near bottom edge of the Intracoastal Waterway Federal 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 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 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 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, Kyle Nichols, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Palm Beach Gardens, Florida 33410; by electronic mail at Kyle.H.Nichols@usace.army.mil; by facsimile transmission at (561) 626-6971; or, by telephone at (561) 507-0319.
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 may be required from the Florida Department of Environmental Protection (FDEP).
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.