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) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: City of Fort Lauderdale Public Works Engineering
℅ Sayd Hussain Sr.
100 North Andrews Avenue
Fort Lauderdale, FL 33301
WATERWAY AND LOCATION: The project would affect waters of the United States associated within the North Fork New River, south of NW 3rd Court, Fort Lauderdale (Section 4, Township 50 South, Range 42 East), Broward, Florida.
Directions to the site are as follows: From Fort Lauderdale, take West Broward Boulevard west to NW 14th Avenue, Take NW 14th Avenue north to NW 3rd Court. Take NW 3rd Court west approximately 0.43 miles to 1700 NW 3rd Court. The project is located on the north shoreline of the North Fork New River.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.124035°
Longitude: -80.164900°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve stormwater management for a community.
Overall: The overall project purpose is to improve stormwater management for the Dorsey Riverbend Community in Broward County, Florida.
EXISTING CONDITIONS: The upland property is a public school that has approximately 0.31 miles of shoreline. A benthic resource survey was conducted on August 17 and 25, 2023 which did not identify seagrasses or corals within the project limits. The survey noted that the substrate consists of a silt. Red mangroves (Rhizophora mangle) and white mangroves (Laguncularia racemosa) were observed within the survey area. Water depths were recorded at 0-foot along the shoreline to 6-foot, 50-foot waterward from the shoreline.
PROPOSED WORK: The applicant seeks authorization to improve stormwater management for the nearby mixed-use community by conducting the following activities:
1. Installation of a 66-inch drainage pipe outlet, 2,500 square feet of riprap (100 cubic yards), and a 50 linear feet headwall.
2. Dredging 1,100 square feet (250 cubic yards) waterward of the Mean High Water Line (MHWL) for installation of the structure, including riprap. The final bottom elevation after riprap placement will be no deeper than -7.98 feet.
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 outfall location is dominated by Brazilian Pepper (Schinus terebinthifolia) with only remnant mangroves in the canopy. The applicant proposes to remove 220 square feet of white mangroves for the proposed structures; however, the applicant states that the length of the proposed headwall and amount of riprap is the minimum necessary for the 66-inch outfall pipe. The applicant will implement the Standard Manatee Conditions for In-Water Work and the Sea Turtle and Smalltooth Sawfish Construction Conditions. The applicant will use silt fences and turbidity curtains. A self-contained pit will be constructed in the uplands for temporary storage for dredged material. All dredged material will be disposed of in uplands. The proposed headwall was designed using the minimum length required for a 66-inch outfall pipe and is located landward of the MHWL to avoid wetland impact.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Compensatory mitigation for unavoidable impacts to the mangrove shoreline is being proposed in the form of the purchase of 0.02 saltwater credits from the FPL Everglades Mitigation Bank.
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 West Indian manatee (Trichechus manatus), Florida Bonneted Bat (Eumops floridanus), and the wood stork (Mycteria americana). 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): This notice initiates consultation with the NMFS on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would impact approximately 0.03 acres of un-vegetated benthic habitat, including 0.02 acres of white mangroves, utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. The impacts will result from the riprap installation and associated dredging. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the C¬17 canal. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with NMFS.
NAVIGATION: The proposed structure 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 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) 785-5644.
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 was obtained from Broward County under permit 06-80003-P issued on May 18, 2021.
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