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:
APPLICANT:
Genaro Garcia
4100 NE 27th Ave.
Lighthouse Point, FL 33064
WATERWAY AND LOCATION: The project is located within waters of the U.S. associated with a tidally influenced residential canal, adjacent to a single-family residence at 4100 NE 27 Avenue, Lighthouse Point (Section 17, Township 48 South, Range 43 East), in Broward County, Florida.
Directions to the site are as follows: Get on FL-836 E in Miami from Salzedo St, Ponce de Leon, NW 36th Ct and NW 37th Ave. Take 1-95 Express and 1-95 N to FL-834 E/NE 36th St/E Sample Rd in Pompano Beach. Take exit 39 from 1-95 N. Continue on FL-834 E/E Sample Rd. Take NE 39th St to NE 27th Ave in Lighthouse Point. Your destination will be on the right.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.2813°
Longitude: -80.0857°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve navigation by dredging an existing single-family residential slip.
Overall: The overall project purpose is to improve navigation by dredging an existing single-family residential slip at 4100 NE 27 Avenue, Lighthouse Point, Broward County, Florida.
EXISTING CONDITIONS: The Corps issued a Department of Army (DA) permit on April 5, 2023, that authorized the repair and replacement of a 178-
foot by 6-foot marginal dock within the same dimensions, and the installation of a boatlift. The property contains approximately 128 linear feet of shoreline that is supported by an existing seawall and riprap. There is also an existing 1,068 square foot wood marginal dock, boatlift, and mooring pile. An aquatic resource survey was completed on June 6, 2023. The substrate largely consists of silt, with shell fragments and rock rubble. The survey identified sparse paddle grass (Halophila decipiens) at 15% density, intermixed with a mixed cover of macroalgae (Halimeda sp.) as observed 5 to 40 feet waterward of the existing dock. Within the existing slip space, only paddle grass was observed (no macroalgae). Depths within the dredge footprint range from
-5.5 feet to -1.5 feet Mean Low Water.
PROPOSED WORK: The applicant seeks authorization to improve navigation for a single-family residence by mechanically dredging an approximate 1,556 square foot area (118.7 cubic yards) to a depth of -5.0 feet Mean Low Water (MLW). The dredged material will be offloaded within an approved upland location.
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 stated that the proposed dredge footprint is the smallest dredge footprint possible to safely moor the applicant's vessel. The dredge depth has also been reduced from -6.0' MLW to -5.0' MLW. This reduction in dredge footprint has reduced the seagrass impact by approximately 700 square feet from 1,943 square feet to 1,243 square feet. Seagrass impacts have been minimized to the greatest extent practicable. In addition, turbidity curtains and turbidity monitoring will be used throughout construction to control turbidity. Seagrass distributed through the project area and complete avoidance is not possible to obtain the proposed dredge depths for the maintenance dredging.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant stated that because they believe the project has avoided and minimized impacts to seagrass to the greatest extent possible, compensatory mitigation should not be required.
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 evaluated potential project related effects to the West Indian Manatee (Trichechus manatus) by using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, (Key) dated April 2013. Using the Key, A>B>C>G>H>I>N, resulted in a “May Adversely Affect” determination. The Corps will refer to the Manatee Programmatic Biological Opinion, dated March 21, 2011, for guidance on eliminating or minimizing potential adverse effects resulting from the proposed project. If unable to resolve the adverse effects, the Corps may refer the applicant to the U.S. Fish and Wildlife Service (Service) for further assistance in attempting to revise the proposed project to a “may affect, not likely to adversely affect” level. The Service will coordinate with the Florida Fish and Wildlife Conservation Commission (FWC) and the counties, as appropriate.
The Corps has determined the proposed project may affect but is not likely to adversely affect the threatened and endangered swimming sea turtles; loggerhead (Caretta caretta), green (Chelonia mydas), leatherback (Dermochelys coriacea), hawksbill (Eretmochelys imbricata), Kemp's Ridley (Lepidochelys kempii), Giant Manta Ray (Mobula birostris) and the threatened smalltooth sawfish (Pristis pectinata) and would not adversely modify any of their designated critical habitat. The Corps will request National Marine Fisheries Service concurrence with these determinations pursuant to Section 7 of the Endangered Species Act by separate letter.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act of 1996. The proposal would impact by dredging approximately 1,556 square feet of vegetative benthic habitat 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 substantial adverse impact on EFH or Federally managed fisheries within 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 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 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, Linda C. Knoeck, in writing at Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida, 33410; by electronic mail at Linda.C.Knoeck@usace.army.mil; or, by telephone at (561)472-3506.
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 Florida Department of Environmental Protection.
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