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: Port 1850, LLC
℅ Shlomo Melloul
67 N Federal Highway
Dania Beach, FL 33004
WATERWAY AND LOCATION: The project would affect waters of the United States associated with 2.92 acres of mangrove wetlands and 0.26 acres of non-wetland waters. The project site is located within a 5.11 acre vacant parcel located immediately east of 1900 NE 7th Avenue, Parcel ID: 504226000021, Section 26, Township 42 South, Range 50 East, Dania Beach, Broward County, Florida.
Directions to the site are as follows: Take Interstate 95 to Exit 26 for Interstate 595 east. Continue straight for 1.5 miles and take NE 7th avenue toward Port Everglades/International Airport. 1900 NE 7th Street will be on the right and the project area is located immediately east, along the eastern boundary of the 1900 parcel.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.0729799°
Longitude: –80.129658°
PROJECT PURPOSE:
Basic: The basic project purpose is to provide additional warehouse storage.
Overall: The Overall Project Purpose is to provide additional warehouse storage within eastern Broward County, Florida.
EXISTING CONDITIONS AND PERMIT HISTORY: The 5.11 acre vacant parcel consists of 4.21 acres of mangrove wetlands,0.26 acres of non-wetland waters, and 0.64 acres of upland. The onsite vegetation within the 4.21 acre mangrove wetland is dominated by mature red (Rhizophora mangle) and black mangroves (Avicennia germinans). The uplands consist of non-native canopy species including Brazilian pepper (Schinus terebinthifolius), earleaf acacia (Acacia auriculiformis) and Australian pine (Casuarina equisetifolia). The interior of the site displays some evidence of previous alteration, with two (2) small open water areas and channelized ditches in the center and western half of the site. Excavated material from these areas is present onsite, with a few linear and curvilinear areas existing at elevations 6-8” above the surroundings. These areas contain transitional and upland vegetation, primarily Australian pine, but exist at wetland elevations with wetland soil characteristics. The existing area surrounding the project area consists of mangrove wetlands, with Port Everglades located east of the project area and Fort Lauderdale International Airport located west of the project area. There is commercial/industrial development scattered within the mangrove wetlands.
The applicant originally submitted an application to the Corps for the proposed project on May 5, 2020. The original application originally proposed to fill 4.21 acres of mangrove wetlands and 0.26 acres of non-wetland waters for the construction of the warehouse. The application was then transferred to the Florida Department of Environmental Protection (FDEP) on December 22, 2020 with the state’s assumption of the 404 program. FDEP has not issued a Section 404 permit for the proposed project.
PROPOSED WORK: The applicant seeks authorization to construct a commercial warehouse by discharging 34,120 cubic yards of material within an approximate 2.92 acres of mangrove wetlands and 3,355 cubic yards of fill material within an approximate 0.26 acres of non-wetland waters. A 672 linear feet retaining wall will be constructed around the proposed fill area. The proposed project will have approximately 0.49 acres of secondary impacts to the mangrove wetlands.
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 in an effort to avoid and or minimize potential onsite, offsite and secondary wetland impacts. The initial application that was submitted to the Corps in 2020 proposed to fill 4.21 acres of mangrove wetlands and 0.26 acres of non-wetland waters which has since been reduced to 2.92 acres of mangrove wetlands and 0.26 acres of non-wetland waters. The project proposes to preserve approximately 30% of the mangroves on site. The proposed preservation includes an orientation to maintain hydrologic connectivity to the existing mangroves to the north, south, and east of the subject site. Site access was designated to be within the platted easement in the northwest corner of the subject site. This requirement allows for access through the upland portion of the site and avoids any additional impacts through the adjacent eastern parcels. Parking requirements were also evaluated as the number of parking spaces is dependent on the square footage of warehouse, manufacturing, and office proposed. Traffic routing was also considered as the warehouse needs to accommodate the number of trucks that are anticipated to utilize the warehouse each day and to provide the most sufficient access to the site given that there is an existing driveway on the north side of west adjacent property. In addition, there are setbacks, landscape buffer, building height, previous/impervious area and floor area requirements due to the property being zoned as I-G in the City of Dania Beach. Additionally, a retaining wall along the north, south, and east portions of the upland development is proposed to prevent secondary impacts to the surrounding mangrove wetlands and the mangrove preservation area. Overall, this option minimizes secondary impacts, includes preservation of the highest quality contiguous mangroves onsite, and matches an approximate line of construction consistent with developed properties to the west of the subject site while still meeting the overall project purpose.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes to purchase 1.27 credits from the Florida Power and Light (FPL) Everglades Mitigation Bank (EMF) to offset the impacts to 2.92 acres of existing wetlands. Additionally, the applicant proposes to preserve and enhance the remaining 1.29 acres of onsite mangrove wetlands.
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 Eastern indigo snake (Drymarchon couperi), wood stork (Mycteria americana), green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta), smalltooth sawfish (Pristis pectinata). The Corps will request U.S. Fish and Wildlife and National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposal may affect the Florida Bonneted Bat (Eumops floridanus) and American Crocodile (Crocodylus acutus). The Corps will request initiation of formal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.
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 have approximately 4.21 acres of direct impacts to mangrove wetlands, 0.49 acres of secondary impacts to mangrove wetlands, and direct impacts to 0.26 acres of non-wetland waters 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 a substantial adverse impact on EFH or Federally managed fisheries in 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 fill 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) 507-0319.
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 may be required from the South Florida Water Management District (SFWMD).
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.