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: City of Hollywood
c/o Jose Cortes, Director, Design and Construction Management
P.O. Box 229045
Hollywood, FL 33022
WATERWAY AND LOCATION: The project would affect waters of the United States associated with North Lake. The project site is located at 921 N North Lake Drive, Hollywood, Broward County, FL 33019 in Section 14, Township 51 South, Range 42 East, Parcel ID: 514214024061.
Directions to the site are as follows: Take I-95 South to exit 21 for FL-822 E/Sheridan St in Hollywood. Continue on FL-822 E/Sheridan St. Take US-1 S to Johnson St and turn east. Continue to N 9th Avenue and turn south and continue to N North Lake Drive. The destination is on the left at the end of the road.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.016556°
Longitude: -80.123167°
PROJECT PURPOSE:
Basic: The basic project purpose is for shoreline stabilization and access to navigable waters.
Overall: The overall project purpose is to minimize tidal flooding and improve access to navigable waters at a commercial boating facility in Hollywood, Florida.
EXISTING CONDITIONS: The wetland system consists of a saltwater system. The onsite vegetation consists of red mangroves (Rhizophora mangle), black mangroves (Avicennia germinans), white mangroves (Laguncularia racemosa) within the shoreline area and small patches of paddle grass (Halophila decipiens) in the surrounding waters. The existing area surrounding the project area consists of mostly residential properties to the west and north, with a commercial property on the northern border. A large basin (North Lake) borders the project site to the east.
PROPOSED WORK: The applicant seeks authorization to remove 32 linear feet of existing concrete bulkhead, 979 square feet of concrete boat ramp, and 295 square feet of floating dock. After removal, the project will consist of the construction of a sheet pile berm within the uplands, installation of 1,460 square feet of concrete boat ramp, and a 1,600 square feet of aluminum kayak dock. 72 cubic yards of gravel fill will be discharged in jurisdictional waters to construct the boat ramp.
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 footprint of the proposed installation of the steel sheet pile bulkhead was minimized to the greatest extent practicable, while still meeting the necessary flood protection requirements, to reduce impacts to mangroves. All work will be conducted in the uplands, landward of the mangroves, and therefore, no impacts to mangroves are anticipated at this time. Additionally, no in-water work is proposed in the vicinity of documented seagrasses, therefore, impacts to marine resources are not anticipated.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
No impacts to mangroves are anticipated as the bulkhead will be installed landward of the mean high water and mangrove line. The boat ramp will avoid any areas of seagrasses. With no impacts to resources anticipated from the proposed work, no compensatory mitigation should be required.
CULTURAL RESOURCES:
The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. To fulfill the requirements of Section 106 of the National Historic Preservation Act, the Corps evaluated the potential impacts of the project to cultural resources using the Jacksonville District Regulatory Division Appendix C Standard Operating Procedures, dated 21 November 2016 (Section 106 SOP). Use of the Section 106 SOP provided the following determination: No potential to cause effect. Note 6(iii) of the SOP indicates that the proposed work and/or structures are of such limited nature and scope that little likelihood exists for the proposed project to impinge upon a historic property. Based on this determination, no further consultation is required with the RD Archeologist, SHPO or Tribal Historic Preservation Office and the Section 106 process is complete.
ENDANGERED SPECIES:
Option A: The Corps has determined the proposed project may affect, but is not likely to adversely affect the smalltooth sawfish (Pristis pectinata), giant manta ray (Mobula birostis), West Indian manatee (Trichechus manatus), green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), loggerhead sea turtle (Caretta caretta), wood stork (Mycteria americana), and Florida bonneted bat (Eumops floridanus). The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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 0.05 acres of estuarine open water utilized by various life stages of Penaeid Shrimp Complex, spiny lobster (Panulirus argus), 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 Broward County. 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 structures are 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 Miami Permits Section, 701 San Marco Boulevard, Jacksonville, FL 32207 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, Michael Ornella II, in writing at the Miami Permits Section, 701 San Marco Boulevard, Jacksonville, FL 32207; by electronic mail at Michael.Ornella@usace.army.mil; or, by telephone at (904)232-1498.
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 will be required from the South Florida Water Management District.
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.