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: Banyan Bay Marine Center, LLC.
1815 Cordova Road, Suite 202
Fort Lauderdale, FL 33316
WATERWAY AND LOCATION
The project is located in waters of the United States within a manmade basin and the Dania Cutt off Canal adjacent to 4491 Anglers Ave, in Section 28, Township 50 South Range 42 East, Fort Lauderdale, Broward County, Florida.
Directions to the site are as follows: I-95, west on Griffin Rd, north on Anglers Ave, west on SW 45th St, north to the marina.
APPROXIMATE CENTRAL COORDINATES:
Basic: The basic project purpose is for the creation of a marine commercial development with water access.
Overall: The overall project purpose is for the creation of a marine commercial development with water access on the Dania Cutt off Canal at 4491 Anglers Ave., Ft. Lauderdale, Florida.
PERMITTING HISTORY: In July 2006, the Corps issued a Nationwide Permit for the repair and replacement of 2,070 linear feet of existing seawall. In November 2008, the Corps issued an Individual Permit to reconfigure the existing marina and dredging.. The combined residential and commercial project provided a total of 111 wet slips and 450 dry slips. In January 2013, the permit expiration date was extended two years to October 20, 2015. It does not appear any of the authorized work was completed.
EXISTING CONDITIONS: The project site is located at an 8-acre commercial marina consisting of a 2.5-acre manmade basin with 89 wet slips, 259-dry slips and an upland service center.
PROPOSED WORK: The applicant seeks authorization to create buildable uplands, improve shoreline stabilization and create a 20-slip docking facility. The proposed project consists of:
Removal of the existing wood docks (approximately 11,673 square feet);
2 Backfill2.5-acre basin through the placement of ±104,488 square feet (±78,615 cubic yards) of clean backfill.
3) Installation of 760.6 linear feet of concrete panel seawall with a 3.0-foot wide cap;
4) Installation of seventy-seven (77) 12-inch king piles, and seventy-seven (77) 12-inch batter piles, and
CULTURAL RESOURCES: The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. Due to the project area having been extensively modified by previous work; historic properties that may have at one time existed within the permit area may be presumed to have been lost unless specific information indicates the presence of such. Hence, the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties.
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 has been planned and designed to avoid environmental impacts.
The project site is just west of the Broward County water sampling Station #26. Data from Station 26 shows the mean salinity around 16 ppt. U.S. Fish and Wildlife Service (USFWS) has determined that the salinity range for seagrass is between 24-35 PPT, so a benthic resource survey was not conducted in this location and it is assumed that seagrass is not present at the site. The applicant has agreed to comply with JAXBO PDC’s for In-Water Activities, including the use of turbidity curtains and will comply with the Standard Manatee Conditions for In-Water Work – 2011.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:
The project site is located west of Interstate 95, and it is not feasible to conduct a benthic resource survey due to safety concerns for divers. In addition, the high amounts of runoff and low salinity does not provide a sufficient habitat for benthic resources to survive. The project site is just west of the Broward County water sampling Station # 26. Data from Station 26 shows the mean salinity around 16 ppt U.S. Fish and Wildlife Service has determined that the salinity range for seagrass is between 24-35 PPT, so a benthic resource survey was not conducted in this location and it is assumed that seagrass is not present at the site.
ENDANGERED SPECIES: 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 and May 2019 Addendum, results in the following sequential determination: A-B-C-G-N-O-P, paragraph 1 “may affect, not likely to adversely affect.” Applicant will adhere to the “Manatee construction conditions.” Therefore, no further coordination pursuant to Section 7 of the Endangered Species Act with the U.S. Fish and Wildlife Service is necessary.
The Corps has determined that the project may affect but is not likely to adversely affect swimming sea turtles [green (Chelonia mydas), Kemp’s Ridley (Lepidochelys kempii), and Loggerhead (Caretta caretta)]; and smalltooth sawfish (Pristis pectinata). Smalltooth sawfish, and swimming sea turtles may be affected by being unable to use an area for forage or refuge habitat due to potential avoidance of construction activities caused by the dredging. Since these species are motile and likely to leave the area during construction, the risk of injury from this type of construction activity is minimal. The Corps has evaluated the proposed work utilizing National Marine Fisheries Service’s Jacksonville District’s Programmatic Biological Opinion (JaxBO) dated 14 October 2022, and received programmatic concurrence, therefore pursuant to Section 7 of the Endangered Species Act, no further coordination is required.
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 fill approximately 2.5 acres of submerged lands, which are 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 project is located within the Central and Southern Florida Dania Cut-Off Canal. The canal is measured to be approximately 94 feet wide measured from the existing seawall wet face to the approximately mean high water line on the opposite bank. The proposed moorings will extend approximately 10 feet into the waterway, occupying 10 percent of the waterway. The project will be reviewed by the Corps Navigation Section for potential impacts 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 been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.
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 Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 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 aquatic resources. 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, Ms. Patricia Clune, in writing at the Palm Beach Gardens Regulatory Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410, by electronic mail at Patricia.R.Clune@usace.army.mil, by fax at (561)626-6971, or by telephone at (561) 768-5944.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Service, 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat.
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 and the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.
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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.