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: Curt Fretham
14525 Highway 7, Suite 265
Minnetonka, Minnesota 55345
WATERWAY AND LOCATION: The project would affect waters of the United States associated with North Fork New River. The project site is located at 281 Southwest (SW) 14th Way in Section 9, Township 50 South, Range 42 East, Fort Lauderdale, Broward County, Florida.
Directions to the site are as follows: From I-95 go east on West Broward Boulevard, south on SW 14th Avenue and northeast on SW 14 Way, site is on the southwest side of the street.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.11897°
Longitude: -80.16168°
PROJECT PURPOSE:
Basic: The basic project purpose is for the construction of a single-family residence, shoreline stabilization and water access.
Overall: The overall project purpose is for the construction of a single-family residence, shoreline stabilization and water access at 281 SW 14th Way in Fort Lauderdale, Broward County Florida.
EXISTING CONDITIONS: The project site is located at an undeveloped 0.18 acre lot along the North Fork New River. The site is approximately 0.41 miles east of I-95 in a mostly developed urban area. The lot has approximately 56 linear feet of shoreline and 0.11 acres (4,787 square feet) of tidal wetlands that covers approximately ¾ of the lot and extends from the shoreline to within approximately 11.5 feet of the roadway on the eastern side of the lot. The wetland is connected to the 0.05 acres of wetlands along the western side of the adjacent property at 291 SW 14th Way. A benthic survey was not required by the Corps because of the location of the project site is less than 0.5 miles east of I-95 in a waterbody that receives freshwater runoff from the watershed. Additionally a benthic survey conducted in September 2022, at the adjacent property to the east documented the substrate as muck with the lack of any seagrasses or other benthic resources. There are no mangroves at the property. The applicant also owns the adjacent properties to the southwest for a total of approximately 225 linear feet of shoreline.
PROPOSED WORK: The applicant seeks authorization to construct a home, install a seawall, and construct a dock on the property. Specifically, the applicant would:
1. Fill approximately 0.11 acre (4,787 square feet) of tidal wetlands to construct a single-family residence and associated facilities. No mangroves are present at the site.
2. Install 56.1 linear feet of new concrete seawall within 0.7 mean high water line (MHWL) with 7 king piles and 7 batter piles with a 3-foot wide concrete cap.
3. Install a 108.1 linear foot retaining wall along the east side of the east side of the property.
4. Construct a new 8-foot by 56.1-foot (449 square feet) wooden marginal dock 9.5 feet from wetface with 7 piles.
5. install 56.1-linear feet of riprap (224 square feet / 17 cubic yards) 2.1 slope beginning 1-foot below the MHWL.
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:
Comply with the Standard Manatee Conditions for In-Water Work – 2011.
JaxBO PDC’s for in-water work and manatee construction conditions will be followed during construction.
Use of clean fill associated with filling 0.11 acres of tidal wetlands, the proposed seawall installation and riprap.
All work shall occur during daylight hours.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has proposed to purchase mitigation credits at an approved 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); swimming sea turtles: (green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta)); smalltooth sawfish (Pristis pectinata); Giant Manta Ray (Mobula birostris); Eastern indigo snake (Drymarchon couperi); and wood stork (Mycteria americana). The Corps will request U.S. Fish and Wildlife Service/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 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 673 square feet of unvegetated submerged bottom utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory /pelagic fish and snapper/grouper complex and 0.11 acres of tidal wetlands. Our initial determination is that the proposed action would not 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 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 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, Suite 500, Palm Beach Gardens, FL 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, Paula Bratschi, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens; by electronic mail at paula.w.bratschi@usace.army.mil or, by telephone at (561)472-3532.
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 is required from the Florida Department of Environmental Protection (FDEP).
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.