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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
Le Club International Condominium Association
2845 NE 9th Street #1203
Fort Lauderdale, FL 33304
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Intercoastal Waterway. The project site is located at 2845 NE 9th Street, Section 1, Township 50 South, Range 42 East, Fort Lauderdale, Broward County, Florida.
Directions to the site are as follows: At the intersection of U.S. 1 and Sunrise Boulevard, head east on East Sunrise Boulevard, south on North Birch Road, west on NE 9th street. The building is on the west side.
APPROXIMATE CENTRAL COORDINATES:
Basic: The basic project purpose is to improve navigation
Overall: The overall project purpose is to improve navigation by performing dredging at the existing multi-family marina at the Le Club Condominium in Ft. Lauderdale, Florida.
Permitting History: On March 29, 2016, the Corps issued a Letter of Permission to dredge 6,970 square feet (520 cubic yards) to a depth of -7.0 feet NGVD along the west side of the building. On February 28, 2019, a modification was issued to include the dredging of 6,930 square feet (520 cubic yards) to a depth of -7.0 feet NGVD along the north side of the property. A portion of the marina was last dredged in November 2016. The existing authorization expired on March 29, 2021.
EXISTING CONDITIONS: The project site is within a multi-family residential community. The north side of the property has approximately 325 linear feet of armored shoreline along the Sea-breeze Canal with an existing 5-slip, 325 foot by 5-foot marginal dock. The west side of the property has approximately 177.9 linear feet of armored shoreline along the Intracoastal Waterway (ICWW) with two existing docks consisting of 12-slips, two (2) access piers (90.4 feet by 6.1 feet and 90.2 feet by 6.1 feet) accommodating four (4) finger piers (46 feet by 5.1 feet, 46 feet by 5.0 feet, 49.4 feet by 5.0 feet and 49.4 feet by 4.7 feet) for a total of 2,045 square feet. A benthic survey was conducted on June 1, 2022. The benthic community of the subject site consisted of silt, crushed shells, and leaf litter. Depths within the survey area varied from 4 feet to15 feet mean low water, with depths increasing towards the center of the ICWW. A total of 4,388 square feet of Paddle grass (Halophila decipiens, 1-40% coverage) was observed within the survey area in four locations, ±10-100’ waterward of the seawall. No other benthic resources were observed within the survey area.
PROPOSED WORK: The applicant seeks authorization to dredge 4,923 square feet (300 cubic yard) to -7.0 mean low water along the west side of the property. The project will impact approximately 1,343 square feet of seagrass.
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 benthic survey found seagrass in four locations on the west side of the property. The applicant has reduced the proposed dredge area to minimize seagrass impacts to 1,343 square feet. Additionally, 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 applicant believes impacts to seagrass will be temporary and should grow back after construction has been completed, therefore no compensatory mitigation should be required.
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 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, results in the following sequential determination: A-B-C-G-N-O-P, paragraph 4 “may affect, not likely to adversely affect.” Applicant will adhere to the “Manatee construction conditions.” The U. S. Fish and Wildlife Service (FWS) concurs with the Corps’
determination in accordance with 50 CFR 402.14(b) 1, and no further consultation with the FWS is required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the swimming green, Kemp’s Ridley, and loggerhead sea turtles, (Chelonia mydas, Lepidochelys kempii, and Caretta caretta), and the Smalltooth sawfish (Pristis
pectinata), Giant Manta Ray (Mobula birostris). The Corps will request informal consultation with the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Actby 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 proposed project will impact 4,923 square feet of benthic habitat of which 1,343 square feet contains seagrass. The benthic habitat is characterized as silt, crushed shells, and leaf litter utilized by various life stages of utilized penaeid shrimp complex, red drum, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. Benthic and Submerged Aquatic Vegetation (SAV) surveys were completed on June 1, 2022. Based on these surveys, the proposed project will impact a 1,343 square foot area of Halophila decipiens, located within the dredge footprint. Our initial determination is that the proposed action would 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 activity will not impact a federal navigation 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, Suite 500, 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, Patricia Clune, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Patricia.R.Clune@usace.army.mil; or, by telephone at (561)785-3261.
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.
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.