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:
1380 Ocean Associates, LLC
c/o: Mr. Ronald Choron
1300 Brickell Drive
Miami, Florida 33174
WATERWAY AND LOCATION: The project would affect waters of the United States (WOTUS) associated with Intracoastal Waterway. The project site is located adjacent to 1380 Ocean Blvd. (Section 06, Township 49 South, Range 43 East), Pompano Beach, in Broward County, Florida.
Directions to the site are as follows: From I-95, east on Atlantic Blvd, south on Federal Highway, destination to the west.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.217969º North
Longitude -80.092924º West
PROJECT PURPOSE:
Basic: The basic project purpose is to provide improved navigation and shoreline stabilization.
Overall: The overall project purpose is to provide improved navigation and shoreline stabilization for the shoreline at the 1380 S Ocean Blvd., in Broward County, Florida.
EXISTING CONDITIONS and PROJECT HISTORY: The area within and adjacent to the project area is accessible by and may provide habitat for swimming sea turtles, smalltooth sawfish, manatees, and other aquatic organisms. The site has an existing bulkhead and 21 mooring piles. A benthic resource survey conducted February June 14, 2022. The benthic community of the subject site consisted of silt, crushed shell, oyster shell and rock rubble. Depths within the survey area varied from 3’-8’, with depths increasing towards the center of the Spanish River. No species of seagrass or other benthic resources were observed within the survey area. The Corps issued a Department of Army permit on May 26, 2015, which authorized the repair and replacement of the existing seawall, excavation of uplands, dredge approximately 631 square feet, and construct a 14 slip multi-family dock. None of the previously authorized work was completed.
PROPOSED WORK: The applicant seeks authorization to improve shoreline stabilization and improved navigation for a multi-family residence creating a total of 14 slips by conducting the following activities:
Installation of a 259.1 linear foot concrete panel seawall within 18” of the existing seawall wetface, with (27) concrete 12-inch king piles, and (27) concrete 12-inch batter piles;
Installation of three (3) 15-foot by4-foot wood finger piers and four (4) 12-foot by 4-footwood finger piers (for a total of 452 sq. ft.) with (54) wood 12-inch dock piles;
Installation of (30) wood 12-inch mooring piles:
Dredging of approximately 4,500 sq. ft. to -5’ MLW (250 c.y.).
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:
No benthic resources were observed during the benthic resource survey conducted on 14, June 2022. The applicant will install turbidity barriers during in-water work.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant has stated that no compensatory mitigation should be required because the project does not directly or indirectly impact hardbottom or other aquatic resources.
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 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); and the Giant Manta Ray (Mobula birostris). The Corps will request National Marine Fisheries Service and U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act, by separate letter.
The Corps has determined the proposal would have no effect on any other 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 would impact approximately 0.03 acre of un-vegetated submerged benthic habitat 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 a Federal Navigation Channel. The waterway varies from approximately 95-115 feet in width. The proposed structures will occupy 25-30% of the waterway.
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 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, STE 500, Palm Beach, 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, Carolyn Farmer, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, STE 500, Palm Beach, 33410; by electronic mail at Carolyn.h.farmer@usace.army.mil.
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 1972.
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.