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: Intermarine, Inc.
c/o Mr. Luc Thibault
4550 Anglers Avenue
Fort Lauderdale, FL 33312
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a boat basin connected to the South Fork of the New River. The project site is located adjacent to 4550 Anglers Avenue, Fort Lauderdale, FL 33312 (Section 28, Township 50 South, Range 42 East, in Broward County, Florida.
Directions to the site are as follows: From I-95 S take exit for Griffin Road, turn north onto Anglers Avenue.
APPROXIMATE CENTRAL COORDINATES:
Basic: To improve shoreline stabilization and water access.
Overall: To improve shoreline stabilization and water access at the InterMarine Boats Marina in Fort Lauderdale, Broward County, Florida.
Permitting History: The project was initially placed on public notice on June 15, 2022 but since that time the placement of riprap was added to the project description. Therefore, the Corps is re-issung the public notice for the revised project.
EXISTING CONDITIONS: The project is located at the existing InterMarine Boats commercial marina. The facility has 10-wet slips and 45-dry slips, a ±360.5 linear feet seawall, and ±1,096 square feet wooden floating docks along the tidal waters of the South Fork of the New River. Typically, submerged aquatic resources have not been documented by Broward County in waters west of Federal Highway, due to the freshwater input and lack of tidal influence and thus not supportive of habitat for the establishment and growth of seagrasses. Therefore, the Corps did not require a submerged aquatic resource survey.
PROPOSED WORK: The applicant seeks authorization to expand and reconfigure an existing marina by adding 9 slips, improving water access, and replacing the existing seawall. Specifically, activities include:
1) Removal of the existing seawall and floating docks;
2) Upland excavation of ±4,755 sq. ft. (±350 cubic yards) to (-)5.0’ MLW;
3) Dredging of 12,996 sq. ft. (±750 cubic yards) to (-)5.0’ MLW;
4) Installation of a ±543 ln. ft. concrete panel seawall with a 3.0’ wide concrete cap; fifty-six (56) concrete king piles, and fifty-six (56) concrete 12-inch batter piles;
5) Install 130 linear feet (520 square feet; 40 cubic yards) of riprap at a 2:1 slope;
6) Installation of two (2) concrete travel lift piers (±432 sq. ft.) with eighteen (18) concrete 12-inch piles; and
7) Installation of ±5,292 sq. ft. of floating docks with twenty-eight (28) wood 12-inch piles.
This will total nineteen (19) wet slips and forty-five (45) dry slips. Dredging will be conducted mechanically from a barge mounted excavator and temporarily stored within sealed containers within the construction barge. Once full, the spoil material will be offloaded into a temporary upland containment area. Once dry, the spoil material will then be transported in lined trucks to a Class I landfill for disposal.
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 does not propose any impacts to seagrass or listed species and their habitats. Best management practices will be followed as the applicant will comply with the JAXBO PDC’s for In-Water Activities, including the use of turbidity curtains. In addition, the applicant will comply with the Standard Manatee Conditions for In-Water Work – 2011.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Compensatory mitigation should not be required because no adverse impacts will result from the proposed project.
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 swimming sea turtles; Loggerhead (Caretta caretta), Green (Chelonia mydas) and Kemp’s Ridley (Lepidochelys kempii), the Smalltooth sawfish (Pristis pectinata) and Giant Manta ray (Mobula birostris). The Corps will evaluate the proposed work utilizing National Marine Fisheries Service’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017.
The Corps has determined the proposal may affect the West Indian manatee (Trichechus manatus) but will not adversely modify its critical habitat because the project is not located within the species designated critical habitat. Use of The Corps of Engineers, Jacksonville District and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key) dated 25 April 2013 results in a pathway of A-B-C-G-H-I-J-K, may affect, since the Corps has not received written concurrence that a review has been completed by the Florida Fish and Wildlife Conservation Commission (FWC) or the U.S. Fish and Wildlife Service (FWS) with the County’s State approved Manatee Protection Plan. The Corps will request initiation of consultation with the FWS pursuant to Section 7 of the Endangered Species Act by separate letter if concurrence from FWC cannot be obtained.
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 0.30 acres of mud, shell, sand and rock substrate 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.
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, Suite 500, Palm Beach Gardens, FL, 33410 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, Patricia Clune, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL, 33410; by electronic mail at Patricia.R.Clune@usace.army.mil; by facsimile transmission at (561) 472-6971; 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.
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.