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: Gregory Boardman
School Board of Broward County
3100 Riverland Road
Fort Lauderdale, FL 33312
WATERWAY AND LOCATION: The project is located within the North New River Canal, Waters of the United States, adjacent to the New River Middle School, 3100 Riverland Road, Section 18, Township 50 South, Range 41 East, Fort Lauderdale, Broward County, Florida.
Directions to the site are as follows: Take Exit 26 on Interstate 95 for FL-736/Davie Boulevard. Travel west on Davie Boulevard for approximately 0.5 miles and turn left (south) onto SW 27th Avenue/ Riverland Road. Travel 1.5 miles and turn left, make the first right, and destination is 3100 Riverland Road, for the New River Middle School.
APPROXIMATE CENTRAL COORDINATES: Latitude: 26.08810°
Longitude: -80.18617°
PROJECT PURPOSE:
Basic: Living Shoreline and Education
Overall: Provide an outdoor classroom for New River Middle School Students to study tidal environments and processes in Fort Lauderdale, Broward County, Florida.
EXISTING CONDITIONS: The project is located at the Broward County, New River Middle School, a National Magnet School of Distinction and Excellence that provides a marine science-based curriculum. The school is located on a 16-acre parcel and is located on the North New River Canal. There is an existing 475 linear foot seawall. The cap is approximately 24 inches wide and 32-36 inches tall. At the base of the cap is a secondary cap/concrete ledge, which measures 18-29 inches wide over a corrugated sheet pile wall. The approximate elevation of the mean high water line is level with the concrete ledge.
The waters adjacent and within the project area are freshwater and contain freshwater species. Two benthic surveys submitted with the application dated July 6, 2020 and July 27, 2019 documented the presence of tape grass (Vallisnaria americana) within and adjacent to the project area. The 2020 survey documented six small patches of the species totaling 0.5 square meters (m2), which was less than the 2019 survey that documented discontinuous patches within the nearshore, totaling less than 1m2 of the species. The patches appeared more robust in size and in density than in the 2020 survey, likely due to wetter climatic conditions within he months prior in 2020. Additional submerged aquatic vegetation was observed, but the species are considered exotic and/or nuisance species.
PROPOSED WORK: The applicant seeks authorization to create an outdoor classroom and living shoreline project for students to study coastal processes. Specifically, activities include:
Excavate 2.39 acres of uplands to create a lagoon and tidal wetland with a wooden 540 square foot boardwalk.
Install a 234 square foot concrete pier from the upland boardwalk to connect to the floating dock.
Install a 3,669 square foot floating dock with gangways
Remove 350 linear feet of the upper seawall, leaving the existing ledge
Entirely remove a 26-foot long section of the seawall to create an inlet and spillway for the floodplain lagoon.
Install 804 square feet of riprap (30 cubic yards) within the created seawall gap/spillway
Install two 18-foot sheet pile walls on the east and west sides of the project, landward of the existing seawall.
The living shoreline project will consist of the installation of 79 linear feet of riprap (79 cubic yards (CY)) extending and install 30 concrete planter boxes two boxes wide for 150 linear feet waterward of the existing seawall. Mangroves will be planted within the upper tier of planting boxes while tapegrass will be planted in the lower tier of planting boxes, extending a total of 10 feet from the 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 proposed living shoreline restoration project will enhance water quality and create
habitat for fish and wildlife. These enhancements will benefit adjacent property owners
and public health. As such no impacts are anticipated for this living shoreline project. The project was discussed with appropriate FWC staff to ensure that the proposed project will not cause adverse effects to the abundance, diversity and habitat of fish, wildlife and listed species at the site and in the vicinity of the site. To avoid impacts to manatees, the 2011 Standard Manatee Protection Conditions for In-Water Work will be followed during construction. Please see attached email correspondence and 2011 Standard Manatee Protection Conditions. All other required standard protective conditions for threatened and endangered species will be followed.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The proposed living shoreline restoration project will enhance water quality and create
habitat for fish and wildlife. These enhancements will benefit adjacent property owners
and public health. As part of the intended habitat restoration proposed under this voluntary habitat enhancement project, tape grass (Vallisneria americana) will be planted in the lower tiers of the proposed prefabricated planter boxes. The total area of existing submerged aquatic vegetation is too sparse to quantify since there are only a few isolated blades in select areas (maximum area was calculated by the county at 0.5 m2 within 3m/10 ft of the seawall). The proposed area to be planted (in the planter boxes within 3m/10 ft of the existing seawall) is 100 m2 (1,080 square feet). As a result compensatory mitigation should not be required for the small impacts to the sparce existing tapegrass.
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); Eastern indigo snake (Drymarchon couperi); and wood stork (Mycteria americana). The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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 0.1 acres of silt and shell and approximately 5.4 square feet of tapegrass (Vallisnaria americana) 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: The proposed project is not located within the setback of the Intracoastal Waterway Federal channel. The Corps does not anticipate that the proposed project will be a hazard to navigation.
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 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, Suite 500, Palm Beach Gardens, Florida 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, 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 may be required from the South Florida Water Management District (SFWMD). The SFWMD issued Environmental Resource Permit No.: 06-105646-P dated December 9, 2021.
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.