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SAJ-2024-02796(SP-JLM)

CESAJ-RD-SP
Published Sept. 27, 2024
Expiration date: 10/18/2024
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
PO Box 229045
Hollywood, Florida 33022

WATERWAY AND LOCATION: The project would affect waters of the United States associated with tidal wetlands adjacent to the Stranahan River. The project site is located within Holland Park at 801 Johnson Street in Section 11, Township 51 South, Range 42 East, Hollywood, Broward County, Florida.

Directions to the site are as follows: From Interstate 95, take exit 21 for FL-822/Sheridan Street, travel east on FL-822/Sheridan Street to U.S. Highway 1, take U.S. Highway 1 south to Johnson Street, travel east on Johnson Street to the site.

APPROXIMATE CENTRAL COORDINATES: Latitude 26.020335°
Longitude -80.121155°

PROJECT PURPOSE:

Basic: Tidal flood mitigation and shoreline protection.

Overall: Tidal flood mitigation and shoreline protection for Holland Park in Broward County.

EXISTING CONDITIONS: The proposed project is located within the boundaries of an existing City of Hollywood public park known as Holland Park. Most of the proposed work will take place within the footprint of existing roadways and developed areas. A portion of the project includes installation of a retaining wall and associated backfill, which will occur partially within mangrove wetlands. The existing wetlands are located immediately north of Johnson Street. The wetlands are directly connected to the Stranahan River and are tidally influenced. The surrounding area consists of developed residential properties, the Stranahan River, and the Intracoastal Waterway.

PROPOSED WORK: The applicant seeks authorization to conduct the following activities:

Install 822 linear feet of steel sheet pile retaining wall with a reinforced concrete cap on the north side and parallel to Johnson Street at the western extent of the park. Approximately 244 cubic yards of fill will be placed in the area between the retaining wall and Johnson Street to create a berm and swale system, directly impacting approximately 0.1 acre of existing wetlands.
Elevate the internal park roads, starting at the corner of North 9th Avenue and Johnson Street extending east and then south to an elevation of +5 feet North American Vertical Datum of 1988 (NAVD88).
Install a 10-foot-wide upland berm along the raised road within Holland Park.

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 steel sheet pile retaining wall and berm was minimized to the greatest extent practicable, while still meeting the necessary flood protection requirements, to reduce potential impacts to mangroves. All work must remain 10 feet away from the overhead powerlines along the road per Occupational Safety and Health Administration (OSHA) requirements. Initially, a vegetated berm with vegetated bioswale was designed along Johnson Street at the west end of the park. In an effort to avoid and minimize impacts to mangroves, the vegetated berm was modified to a retaining wall with riprap along the waterward edge. To further avoid impacts to mangroves, the riprap on the waterward (north) side of the wall has been eliminated. The wall has been sited as far south (towards the road) as possible, while providing OSHA required standoff from the powerlines and providing a vegetated bioswale to convey stormwater that currently discharges to the north.

Best Management Practices will be implemented throughout construction and all construction staging will be located in an upland location. No stock piling of debris or equipment will occur in wetlands or other surface waters and silt fencing will be installed adjacent to the construction area to prevent silt runoff into wetlands or other surface waters. No impacts to wetlands will result from raising the road or constructing the
other berms within the park.

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 credit from the Florida Power and Light (FPL) Everglades Mitigation Bank to offset unavoidable impacts to mangrove wetlands.

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 Wood Stork (Mycteria americana), the Florida Bonneted Bat (Eumops floridanus), and the Eastern Indigo Snake (Drymarchon couperi). 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 0.1 acre of tidal mangrove wetlands 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 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 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 Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, 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, Jeffrey Meyer, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Jeffrey.L.Meyer@usace.army.mil (please copy Alisa.A.Zarbo@usace.army.mil); or, by telephone at (561) 871-0387.

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). The project is being reviewed under SFWMD application no. 240802-45012.

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.