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) as described below:
APPLICANT: 1212 SE Third Avenue Property Management, LLC, C/O Gregg Schlesinger.
WATERWAY AND LOCATION: The project would affect waters of the United States associated with tidal wetlands adjacent to West Lake. The project site is located at 500 E. Dania Beach Boulevard, Section 34, Township 50 South, Range 42 East, Fort Lauderdale, Broward County, Florida.
Directions to the site are as follows: Interstate 95 to Exit 23 (FL-818/Griffin Road). Turn left onto Griffin Road, right onto US-1 South and Left onto East Dania Beach Boulevard. The property is on the southeast corner of Dania Beach Boulevard and SE 5th Avenue.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.051949°
Longitude: -80.134921°
PROJECT PURPOSE:
Basic: The basic project purpose is the construction of a multifamily development.
Overall: The overall project purpose is the construction of a multifamily development in Dania Beach, Broward County.
EXISTING CONDITIONS: The proposed property is a 2.05-acre vacant lot with a wetland system consisting of one acre of tidal mangrove forest and 1.06 acres of uplands adjacent to West Lake. The existing area surrounding the project area consists of multifamily and commercial developments along Dania Beach Boulevard to the east and west and contiguous mangrove wetlands to the south that are part of West Lake Park.
PROPOSED WORK: The applicant seeks authorization to fill 0.99 of an acre of forested saltwater wetlands for the construction of a multifamily residential development.
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:
Prior to application submittal, various considerations and efforts were made to avoid and or minimize potential onsite, offsite and secondary wetland impacts. During the initial due diligence of the project development, the site plans were developed to try to preserve approximately 50% of the wetland within the southwest portion of the site. Based on setbacks from the City of Dania Beach, a 25’ buffer from the existing wetlands, and the remaining portion of uplands available, this development would not provide enough residences to allow for a financially feasible project. Considerations were also made to preserve 25% of the wetland but it would also not allow for a financially feasible project due to these constraints. The City of Dania Beach requires a 30’ setback from the street, a 25’ rear setback and a 10’ interior setback. The City also limits the height of the building to 150’ with 14 stories. Based on these constraints, the proposed site plan was developed to allow for a financially feasible project with 258 units.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Unavoidable impacts to 0.99 of an acre of forested saltwater wetlands will be mitigated through the purchase of 0.731 saltwater credits from the Everglades Mitigation Bank.
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 Florida Bonneted Bat (Eumops floridanus), or its designated critical habitat. The Corps will request U.S. Fish and Wildlife 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 the Everglades Snail Kite (Rostrhamus sociabilis plumbeus), American Crocodile (Crocodylus acutus) or the Wood Stork (Mycteria americana) or their 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 0.99 acres of saltwater wetlands utilized by various life stages of penaeid shrimp complex, red drum, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. Our initial determination is that the proposed action would have a substantial adverse impact on EFH or Federally managed fisheries. 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 is not located in the vicinity of 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 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, Florida 33410 or at by email at Patricia.R.Clune@usace.army.mil 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; 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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Broward County Environmental Permitting Division. The project is being reviewed under Surface Water Management License no. L2022-146
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.