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: DFW 18, LLC
3470 N Miami Ave, Upper Suite
Miami FL 33127
WATERWAY AND LOCATION: The project is located adjacent to the New River at 400 SW 3rd Ave in Section 10, Township 50S, Range 42W, Fort Lauderdale FL 33315 (Folio No: 5042-10-01-3680).
Directions to the site are as follows: From I-95, take exit 27 and go east on Fl-842 E/ W Broward Blvd. Continue for 1.2 miles. Turn right onto SW 7th Ave/ S Ave of the Arts. Continue for 0.5 miles onto SW 4th Ave. After 0.1 miles, turn left onto SW 6th ST. Turn left at the first cross street onto SW 3rd Ave. After 0.2 miles, the project area will be on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.118028°
Longitude -80.14575°
PROJECT PURPOSE:
Basic: To improve water access.
Overall: The applicant states the project purpose is to redevelop an existing marina to support larger recreational vessels and improve flood resilience through shoreline stabilization in Broward County.
EXISTING CONDITIONS: The property contains an existing seawall along 251.50 linear feet of shoreline, with an existing 3896 square foot wood dock and finger piers within a boat basin along the Little River. Currently authorization includes 4 permanent wet slips, 26 transient slips and 500 dry slips.
PROPOSED WORK: The applicant seeks authorization to expand existing marina and improve shoreline stabilization by:
- Removal of the existing 3,896.8 square feet of wood dock and 251.5 linear feet of seawall cap;
- Placement of 127 linear feel of seawall and cap within 18 inches of existing seawall;
- Placement of 231 linear feet of new seawall and cap along unconsolidated shoreline with 16.9 cubic yards (578 square feet) of riprap placed waterward and 16.9 cubic yards (151 square feet) of backfill;
- Installation of 33- 14inch concrete batter piles and seawall cap along entire proposed seawall;
- Installation of 3,573 square feet of docks with a total of 106- 14 inch concrete, and four (4) -12inch wood mooring piles; and
- Placement of approximately 2,097.1 cubic yards (6,336.8 square feet) of fill within and existing boat basin landward of new seawall.
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 majority of the fill proposed below the waterline is within a privately owned, man-made basin excavated upland of the New River’s natural shoreline. According to historical permits, the marina basin was cut from the applicant’s upland property in the mid-1980s. This activity was permitted by Florida Department of Environmental Regulation (FDER) permit # 060557646 and the US Department of Army permit number was 82L-0712. Since the mid-1980s, the marina has been operating as a dry storage facility. The proposed Project is to adapt the dry storage site to meet the demands of the current recreational boat market. Vessel sizes have increased and the proposed fill in the basin will allow for a new dry storage building that can handle larger vessels. While no marine resource survey was done for this project site, impacts from the proposed fill in the basin are not anticipated because no marine resources of significance are likely present due to the poor existing water quality conditions on the New River. Secondary impacts to water quality associated with turbidity with being minimized by Best Management Practices, such as the use of turbidity curtains during construction, as depicted on Sheet CM-1.4 of the Project plan.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
A Broward County Environmental Resource License is required for the proposed project. Broward County is familiar enough with the water quality in the New River west of US 1 that their Environmental Resource License application form specifically states that benthic resources (seagrasses, oysters, etc.) surveys are only required for projects east of US 1 (Project is west of US 1). Furthermore, it is industry standard not to conduct in-water dives within the New River, due to noted water quality issues (impaired waterway). Based on the water quality problems in the New River where the Project is sited, inconsistent salinity levels that make the site unsuitable for seagrass colonization, and the knowledge of the local regulatory agency, no marine resources are anticipated in the Project area and therefore no impacts are anticipated from the proposed activities. Therefore, compensatory mitigation should not be required for the proposed Project.
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) or its designated critical habitat. Since the proposal by the applicant is for in-water construction, potential impacts to the endangered manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key), dated 25 April 2013. Use of the Manatee Key resulted in the following sequential determination: A > B > C > G > N > O>P “MANLAA.” This determination is partially based on the applicant following the standard manatee construction precautions for the proposed activity. The Corps has concurrence with this determination from the U.S. Fish and Wildlife Service (FWS), pursuant to the Manatee Key.
The Corps has determined the proposed project may affect, but is not likely to adversely affect green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta), hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), smalltooth sawfish (Pristis pectinata), Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), Giant Manta Ray (Mobula birostris) or its designated critical habitat. The Corps will request initiation of informal consultation with the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
In addition, the proposed activity is located within the Consultation Area for the Florida Bonneted Bat (Eumops floridanus) and the South Florida Urban Area. While the project is located within the Bat consultation area, the parcel lacks suitable roosting or foraging habitat. The shoreline at the project is stabilized by a seawall in a highly urbanized area. Based the lack of suitable roosting habitats at the site, the Corps has determined that the project will have no effect on the species.
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 0.167 acres of submerged aquatic vegetation utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, sea turtles 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 New River. 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 may require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, may 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 Technical Regional Execution Center (TREC) via the Maimi Permits Section, 4400 PGA BLVD, Suite 500, Palm Beach Gardens FL 33410 within 30 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, Catrina Frey, in writing at the Technical Regional Execution Center (TREC), 4400 PGA BLVD, Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at Catrina.n.frey@usace.army.mil; or, by telephone at (305)484-7406.
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 Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 0272133-002-EI.
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.