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: Yachting Promotions, Inc.
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Intracoastal Waterway and New River. The project site is located in Fort Lauderdale (Sections 10/12, Township 50 South, Range 42 East), in Broward County at the following locations:
1. 501 Seabreeze Blvd (International Swimming Hall of Fame)
2. 801 Seabreeze Blvd (Bahia Mar Yachting Center)
3. 204 E Las Olas Cir (Las Olas Municipal Marina)
4. 1881 SW 17th St (Ft Lauderdale Hilton)
5. 2301 SE 17th St (Pier 66 Marina)
6. 2150 SE 17th St (The Sails)
Directions to the site are as follows: Take I-95 South toward Ft. Lauderdale and then take I-595 E and exit to US-1 North. From US-1 North you will exit East on SE 17th St and continue onto Seabreeze Blvd.
APPROXIMATE CENTRAL COORDINATES:
International Swimming Hall of Fame; Lat: 26.1164°, Long: -80.1080°
Bahia Mar Yachting Center; Lat 26.1123°, Long: -80.1087°
Las Olas Municipal Marina; Lat: 26.1203°, Long: -80.1084°
Ft Lauderdale Hilton; Lat: 26.1016°, Long: -80.1195°
Ft. Lauderdale Convention Center; Lat: 26.0986°, Long: -80.1202°
The Sails; Lat: 26.09996, Long: -80.1174°
PROJECT PURPOSE:
Basic: The basic project purpose is to provide temporary increased water access.
Overall: The overall project purpose is to provide temporary increased water access for the display of vessels for the Ft. Lauderdale boat show.
EXISTING CONDITIONS: The project is located in and along the Intracoastal
Waterway and the New River. The existing area surrounding the project area consists
of commercial developments and single family developments. A benthic resource survey was conducted on September 8th, 2023 and indicates the presence of seagrass (Halophila decipiens, 1-10%) just north of The International Swimming Hall of Fame near the opening of the marina basin and south of Bahia Mar (Halophila decipiens, 1%) within the marina basin. The Corps issued a DA permit authorization for the installation of temporary structures on 18 December 2018. The permit expired 18 December 2023.
PROPOSED WORK: The applicant seeks authorization to annually construct and subsequently remove floating docks, anchored barge platforms, ramps, and pilings, for the Fort Lauderdale International Boat Show and associated water taxi service. The installation will create up to 1,110 temporary slips. The installation of structures, the boat show, and the removal of structures shall not exceed 30 days. The applicant also proposes to establish a temporary realignment of the Intracoastal Waterway marked by buoys for the Fort Lauderdale International Boat Show to be constructed annually. The temporary structures are as follows:
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:
1,100) = EXHIBITOR BOAT TOTAL
(22) = 10'x10' TEMPORARY FLOATING DOCK
(34) = 10'x10' TEMPORARY TRIANGLE FLOATING DOCK
(4) = 10'x15' TEMPORARY FLOATING DOCK
(20) = 5'x20' TEMPORARY FLOATING DOCK
(528) = 10'X20' TEMPORARY FLOATING DOCK
(40) = 10'X25' TEMPORARY FLOATING DOCK
(30) = VARIOUS SIZED FLOATING DOCK
(686) = 10'x40' TEMPORARY FLOATING DOCK
(10) = 10'x40' TEMPORARY FLOATING DOCK
(13) = 10'x40' TEMPORARY STEEL BARGE
(287) = W12x48 STEEL 'I' BEAM (PILING)
(163) = FIRE EXTINGUISHER (DI)' Chemical · Class 2-A 40BC)
(17) = FIRE PUMP (190gal./min. • 52psi • 200' HOSE)
Turbidity control devices will be installed to minimize direct and indirect water quality issues related to the turbidity from construction activities. The number of vessels are not increasing, over time, the vessels in the show have grown larger. Therefore, even though the show has grown in square footage, a single vessel is taking up more room than in the past.
COMPENSATORY MITIGATION –The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant believes no compensatory mitigation is required because there is no impacts proposed or anticipated to submerged aquatic vegetation.
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 U.S. Army Corps of Engineers (Corps) has determined the project may affect, but is not likely to adversely affect the threatened West Indian manatee (Trichechus manatus), and would not adversely modify its designated critical habitat. The Corps has previously consulted with FWS for the existing authorization. Since no changes to the project are proposed from what was previously consulted on, the Corps has determined that it is appropriate to utilize the previous FWS consultation for this application; therefore, no further coordination with FWS is required for the above listed species pursuant to Section 7 of the Endangered Species Act.
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), and Kemp's Ridley (Lepidochelys kempii), and the threatened smalltooth sawfish (Pristis pectinata) and would not adversely modify their designated critical habitat. The Corps has determined that the project meets JAXBO therefore no further consultation with National Marine Fisheries Service is required. National Marine Fisheries Service has provided programmatic concurrence pursuant to Section 7 of the Endangered Species Act for projects that meet the criteria established in JAXBO.
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 6.35 acres of un-vegetated benthic habitat areas and 3.05 acres of Halophila decipiens utilized by various life stages of 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 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 located along the Intracoastal Waterway federal channel. The applicant proposes to establish a temporary realignment of the Intracoastal Waterway marked by buoys.
SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would 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 Miami Permits Section, 4400 PGA Boulevard, Palm Beach Gardens, Florida 33410 within 15 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 Miami 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.
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 (FDEP). The project is being reviewed under FDEP application no. 0127045-016-EI.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.