SAJ-2007-02221(SP-JKA)

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: Oceanside Marina, LLC
Mr. Thomas Walsh
1001 East Atlantic Avenue, Suite 202
Delray Beach, Florida 33483

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Intracoastal Waterway. The project site is located at 2308 North Ocean Drive, Section 12, Township 51 South, Range 42 East, in Hollywood, Broward County, Florida.

Directions to the site are as follows: Take interstate 95 to Sheridan Street and head east to Ocean Drive. Turn right onto Ocean Drive and travel 0.5 miles south. The property will west side of Ocean Drive.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.025556°
Longitude -80.116111°

PROJECT PURPOSE:

Basic: Water Access and Navigation

Overall: To improve water access and navigation within the existing Oceanside Marina in Hollywood, Broward County, Florida.

PROJECT HISTORY: The Corps issued an individual permit dated March 19, 2008 under SAJ-2007-02221 (IP-KLV) which authorized modifications that reduced the total slips from 50 to 25 including:
a. Removal of all existing structures
b. Dredge at 12,885 square foot marina to remove 1,372 Cubic yards of material to a maximum depth of -9 feet MLW.
c. Replace 538 linear feet of concrete seawall no more than one foot waterward (wetface to wetface) of the existing wall;
d. Construct one 6-foot by 235 foot marginal dock and one 6-foot by 218 foot marginal dock (with fiberglass grated decking on the portion to be constructed over seagrass, approximately 108 linear feet in the northernmost section);
e. Construction of one 8-foot by 108 foot concrete access walkway;
f. Construction of nine finger piers (6 foot by 60 foot, 6-foot by 65 foot, 8 foot, by 74 foot, 8 foot by 83 foot, 6 foot by 46 foot, 6 foot by 52 foot, 8 foot by 101 foot, 8 foot by 110 foot, 8 foot by 85 foot);
g. Install 21 interior pilings to provide support for 26 vessels;
h. Installation of seven pump out stations located on the three northernmost and four southernmost finger piers;
i. Repair and replacement of the existing 50-foot by 71 foot tiki bar in the same exact footprint as existing.

The project also included impacts to 793 square feet of existing paddle seagrass (Halophila decipiens) with sparse to medium density, as a result of the proposed dredging. To offset unavoidable impacts the permittee was required to create 1,365 square feet of seagrass habitat within a 2,756 square foot vessel exclusions zone. In order to delineate the boundaries of the exclusion zone, the application was required to (1) install two piling with “no mooring” signs; (2) construct 26 linear feet of sheet pile perpendicular to the seawall out to the -7 foot Mean Low water (MLW) contour that will extend a maximum of 1 foot above the existing undisturbed bottom, and (3) install a revetment mattress/gabion basket erosion control device at the eastern edge of slips 1, 2, and 4.

The project was transferred to Oceanside Marina, LLC on February 28, 2008. This permit expired on March 3, 2013. These activities were also authorized by Broward County Environmental Protection and Growth Management Division (EPGMD) and the Florida Department of Environmental Protection (FDEP) under Broward County Environmental Resource License (ERL) number DF07-1050 and FDEP Environmental Resource Permit (ERP) number 06-0255023-001.

The Corps issued a standard permit February 25, 2019 under SAJ-2007-02221 (SP-SLR) which re-authorized the work as described in the March 19, 2008 permit. The applicant agreed to maintain the vessel exclusions zone; however, it was revised to be an avoidance measure rather than compensatory mitigation. For the 2019 authorization the applicant provided a revised compensatory mitigation plan, which documented impacts to 4,540 square feet (0.1 acres) of sparse to moderate paddle grass (Halophila decipiens) as a result of the proposed dredging. It documented 0.057 units of functional loss as a result of the proposed activities. The Permit also authorized the installation of type 2 baffle boxes in the adjacent uplands as a water quality improvement project for compensatory mitigation. The goal of the mitigation was to reduce the total nitrogen (TN) entering the system by 19.05% and total phosphorus (TP) entering the system by 15.5% annually. To achieve the project success criteria, material from the baffle boxes will be removed and weighed quarterly and after major storm events and water quality monitoring would also be performed quarterly and after rain events. Water quality monitoring included the following parameters: total suspended solids, total phosphorus, total kjeldahl nitrogen, copper, zinc, turbidity, dissolved oxygen, and pH. The compensatory mitigation was expected to result in 0.062 units of functional gain.

EXISTING CONDITIONS: The proposed project is located within the 100 foot setback of the Intracoastal Waterway’s Federal Channel, within Real Estate IWW-JaxToMiami Tract no.: 1199. An updated benthic survey was completed on 17 August 2022. The survey documented 28,207 square feet of seagrass within the survey footprint, of which 9,968 square feet of Halophila decipiens seagrass was within the proposed dredging and floating dock footprints with sparse to moderate densities. The existing vessel exclusion zone also included increased coverage of seagrass from the previous 2015 survey and included a second species of seagrass, Halodule wrightii (manatee grass). Within the vessel exclusion zone, coverage of Halophila decipiens was documented as moderate to dense and Halodule wrighttii as sparse.

Since the 2019 permit authorization was issued, the applicant has replaced the 538 linear foot seawall and removed all of the previously existing dock structures. No other work has been completed including the installation of baffle boxes within the uplands.

PROPOSED WORK: The applicant seeks authorization to modify the existing Corps authorization to allow for the installation of floating docks and reduce the authorized number of slips from 25 to 16 to accommodate larger vessels and extend the permit expiration by 5 years. The project will also impact 9,968 square feet of seagrass as a result of proposed dredging and shading from the floating docks. Specifically, activities include:
1. Maintenance dredge a 12,885 square foot area to remove approximately 1,372 cubic yards of material to a depth of -9 feet mean low water;
2. Install 8,216 square feet of floating dock structure with associated gangways as shown in the table below:

3. Install six sewage hydrants and one sewage pump out station;
4. Replace the existing 50 foot wide by 71 foot long overwater deck in the same location and configuration as previously existing.

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 applicant proposes to maintain the existing vessel exclusion area
• Comply with JAXBO PDC’s for In-Water Activities, including the use of turbidity curtains.
• 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:

The applicant is proposing to complete the installation of type 2 baffle boxes as authorized in the 2019 permit as a water quality improvement, which would reduce the total phosphorus and nitrogen entering the waters within the marina basin.

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 proposal may affect the West Indian manatee (Trichechus manatus); swimming sea turtles: (green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta), Leatherback sea turtle (Dermochelys coriacea), Hawksbill sea turtle (Eretmochelys imbricata)); smalltooth sawfish (Pristis pectinata); and Giant Manta Ray (Mobula birostris). The Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.

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 9,968 square feet (0.23 acres) of sand and seagrass 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 have an adverse impact on EFH or Federally managed fisheries in the South Atlantic Region. To offset unavoidable impacts, the applicant is proposing compensatory mitigation. 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: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 62.5 feet away from the near bottom edge of the Intracoastal Waterway federal 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 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 33214 within 15 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, Jerilyn Ashworth, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Jerilyn.Ashworth@usace.army.mil; or, by telephone at (561)545-3171.

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 on behalf of the Florida Department of Environmental Protection. The project is being reviewed under DF07-1050 with Broward County.

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.