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: Deerfield Development Resources, LLC
℅ Christopher Partridge
1769 NE 33rd Street
Pompano Beach, FL 33064
WATERWAY AND LOCATION: The project would affect waters of the United States
associated with the Hillsboro River. The project site is located at 418 Northeast River
Drive (Section 31, Township 47 South, Range 43 East), Deerfield Beach, Broward
Directions to the site are as follows: Take Exit 42 and head east on Hillsboro Blvd for 0.7 miles. Turn left onto NW 2nd Ave and head north for 0.1 miles. Turn right onto NW Eller St and travel east for 0.2 miles. Turn left onto NE 1st Ave and turn right onto NE River Dr. Travel north 0.1 miles to reach the destination.
APPROXIMATE CENTRAL COORDINATES:
Basic: The basic project purpose is water access.
Overall: The overall project purpose is water access within the Hillsboro River in
EXISTING CONDITIONS The existing structures were permitted in 1984, no other federal permitting history was found. The project site is located within the Hillsboro River in Broward County. The site consists of an existing 1,716 square foot dock, 30 linear feet
of seawall, and riprap, which have been proposed to be removed. A benthic survey was requested but has not yet been provided to the Corps. There are however, white and red mangroves on site, which have been proposed to be removed.
PROPOSED WORK: The proposed project will convert a 190 boat slip commercial marina (173 dry slips and 17 wet slips) into a 20-slip private docking facility. The proposed work will involve:
1. Removal of 1,740 square feet of existing docks, 30 linear feet of seawall, and 750 cubic yards of riprap;
2. Construction of a 20 slip docking facility consisting of 4,000 square feet of floating marginal docks and a 6,350 square feet marginal fixed dock (4,000 square feet over water);
3. Excavation of 1,994 square feet of upland landward of the existing Mean High Water Line;
4. Installation of 1,286 cubic yards (13,806 square feet) of riprap boulders (12” to 24”), and discharge of approximately 358 cubic yards of clean fill;
AVOIDANCE AND MINIMIZATION INFORMATION – Stabilizing the shoreline by constructing a riprap revetment at a 2:1 slope will result in unavoidable impacts
to the existing mangroves. Practicable design modifications do not exist to avoid and minimize impacts to mangroves due to the size and location/configuration of the existing mangroves on-site; however, he applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
• Use erosion controls Best Management Practices during construction
• Use turbidity curtains during construction
• Use clean fill materials during construction
• Adhere to Standard Manatee Conditions for In-Water work
• Adhere to JaxBO PDC’s for In-Water Activities
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant has proposed to mitigate for the mangrove impacts resulting from the removal of red mangrove propagules and white mangroves by purchasing credits from a mitigation bank.
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.
The Corps has determined the proposed project may affect but is not likely to adversely affect the threatened West Indian manatee (Trichechus manatus) and the wood stork (Mycteria americana), and would not adversely modify their designated critical habitat. The Corps will request concurrence with these determinations from the U.S. Fish and Wildlife Service (FWS), pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the endangered smalltooth sawfish (Pristis pectinata), swimming sea turtles: the endangered green sea turtle (Chelonia mydas), the endangered hawksbill sea turtle (Eretmochelys imbricata), the endangered leatherback sea turtle (Dermochelys coriacea), the endangered Kemp’s ridley sea turtle (Lepidochelys kempii), and the threatened loggerhead sea turtle (Caretta caretta). The Corps will request concurrence with these determinations from the National Marine Fisheries Service (NMFS), Protected Resources Division pursuant to Section 7 of the Endangered Species Act by separate letter.
ESSENTIAL FISH HABITAT (EFH): Conservation and Management Act 1996. The proposal would impact approximately 0.32 acres of estuarine waters including 0.06 acres of white and red mangroves, which are utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex associated with mud, shell, sand and rock substrate and water column EFH. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the ICW. The Corps has requested a benthic resource survey to determine impacts on seagrasses and other federally protected EFH resources, but is awaiting its submittal. 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 project is not located within the Intracoastal Waterway Federal 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 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) 472-3526.
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: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP) and/or the South Florida Water Management District.
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.